Justice Yellim Bogoro of a Federal High Court, has ordered the Nigerian Navy to immediately release from its custody, a detained vessel, MT Dejikun to a firm, Sea Delights Marine Wreckage Limited.
Justice Bogoro made the order while granting the motion filed for the release of the vessel, following the striking out of the charge marked FHC/L/65c/17, in a judgment delivered on Monday.
The judge had on July 3, 2023, ordered the release of the vessel to Sea Delights Marine Wreckage Limited, when it struck out the previous charge for lack of diligent prosecution.
Upon the striking out the charge, the owner of the vessel, KG’s Marine Limited, through its lawyer, Jerry Omoregie, approached the court with a motion for the release of the vessel.
The motion according to the company, was pursuant to Section 6 (6) of the 1999 Constitution of Nigeria (as Amended); Order 28 Rules 1& 2 of the Federal High Court (Civil Procedure) Rules 2009 and under the court’s inherent jurisdiction.
In the motion, the vessel owner specifically prayed the court for: “an order of Mandatory Injunction directing the Nigerian Navy to wit, Chief of Naval Staff and the Flag Officer, Western Naval Command, Apapa, Lagos, to release forthwith the MT DEJIKUN under the custody of the Nigerian Navy and sold to Sea Delights Marine Wreckage Limited by the Admiralty Marshal of the Federal High Court Ikoyi Lagos state as per the order of the Court made on the July 3, 2023”.
The firm listed the following grounds for Court to positively consider its request. The grounds were: “that the Admiralty Marshal of the Federal High Court in the discharge of its duties, sold the MT Dejikun under the custody of the Flag Officer, Western Naval Command. Nigerian Navy, to Sea Delights Marin Wreckage Limited as per the order of the Count dated July 3, 2023.
“The Nigerian Navy And Attorney General of Federation/Minister of Justice , despite knowledge of the order of the Court dated July 3, 2023 refused and neglected to release the MT Dejikun sold to Sea Delights Marine Wreckage Limited, despite repeated requests by the Office of the Admiralty Marshal of the Federal High Court.
“There is no appeal against the order of the Court dated 3rd July 2023, and the order of the Court has not been set aside by any court of competent jurisdiction.
“The criminal charge against the MT Dejikun was struck out due to the fact that the prosecution has refused and failed to come to court several times, which suggested that office of Attorney General of Federation/Minister of Justice were not interested in prosecuting the charge any longer and the MT Dejikun was discharged by the order of the Court dated 8th January 2024, and there is no appeal challenging the order of the Court made on the 8th day of January 2024.
“The Nigerian Navy has no discretion and is obligated under the force of law, as per the orders of the Court dated 3rd July 2023, to release the MT Dejikun under its custody.”
There was a motion before the court that was supported by 25 paragraphs affidavit deposed to by one Felix Emori Egbe, the Operations Manager of KG’s Marine Limited, the previous owners of the vessel, MT Dijekun.
However, the Nigerian Navy and others filed a preliminary objection to the motion and urged the court to dismiss same, on the ground that there was a pending charge which was yet to be determined.
Delivering judgment in the motion on Monday, Justice Bogoro dismissed the preliminary objections filed by the Nigerian Navy.
The judge equally dismissed the amended charge filed against the vessel, on the ground that its earlier order still subsisting as there was no any appeal against the order neither sat side.
The judge consequently ordered Nigerian Navy to immediately release vessel MT. Dejikun to the buyer, Sea Delights Marine Wreckage Limited.
In ordering immediate release of the vessel, the judge made the following order, “that an Order of Mandatory Injunction is granted directing the Nigerian Navy to wit, Chief of Naval Staff and the Flag Officer, Western Naval Command, Apapa, Lagos to release forthwith the MT DEJIKUN under the custody of the Nigerian Navy, sold to Sea Delights Marine Wreckage Limited by the Admiralty Marshal of the Federal High Court as per the Order of Federal High Court made on the 3rd day of July, 2023”.
Speaking on judgment, Engineer Yemi Bukoye, the Managing Partners of Sea Delights Marine Wrekage Limited, the company that bought the vessel, expressed his delight and excitement for the, saying ‘justice delay is not denial’.
Engineer Yemi also said, ‘even though it has not been easy for the company for almost two years when the court first ordered that the vessel be released, but commended the judge for rekindle the hope of Nigerians in the country’s judicial system.
