The management of Fidken Multi Services Ltd., has called on the Attorney-General and Minister Justice, Lateef Fagbemi, SAN, to intervene on alleged judicial manipulation and connivance in a case between the firm and Togo Oil & Marine Ltd, also known as TOM, owneriof Vessel MV MONTY J & ANOR.
Fidken Multi Services Ltd. also called on the Chief of Naval Staff,
Vice Admiral Emmanuel Ikechukwu Ogalla, and Chief of Army Staff, Lieutenant General Olufemi Oluyede, to investigate and bring to justice their men who allegedly aided the escape of the vessel owned by a foreign firms despite a restraining order from the Court of Appeal Lagos.
The Managing Director, Fidken Multi Services Ltd., Engr. Kennedy Fidelis, made the call on Wednesday in a statement made available to newsmen in Warri, Delta State.
According to him, his company, Fidken Multi Services hired the vessel for a period of Six (6) Months with a renewable agreement but unfortunately the vessel broke down after two weeks of delivery to Nigeria from Lome, Togo.
He named Socemet as Ship Brokers, that is, the company that connected his company with the ship owners.
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He noted that, rather than the owner-company to take up the responsibility of repairs as per contract agreement, TOM sent representatives to plead with the management of Fidken Multi Services Ltd to assist in fixing the vessel.
He said TOM, m during the plea, said that the company was bankrupt to foot the bill of the repair, just as the company promised to make a refund of any amount spent on the repair or make deduction during execution of the contract.
The MD added that, the promise of refund or deduction during execution of the contract prompted his company to show concern and consequently took full responsibility of the repair.
According to him the breakdown of the vessel was already causing a lot of down time and draw back to his business.
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He lamented that, however, immediately after the repair, the management of TOM first attempt was to put up the vessel for sale without his knowledge or any of his management staff.
Engr. Fidelis said this single act by TOM to sell out the vessel he repaired when it was down without his knowledge was a complete breach of the existing contract.
According to him, after several attempts to take away the vessel from him, they finally escaped with the vessel back to Lome, Togo, in spite of a restraining order by the Court of Appeal in Appeal No: CA/LAG/CV/991/2024.
He narrated: “We approached the court to demand a full Bank guarantee of USD380,729.00 ,USD 1.080,000.00 and USD 659,555.00 to cover our total claims as pre Bond condition ordered by Appeal Court should they go away with the vessel. But surprisingly, the Federal High Court in its judgement awarded the Sum of USD380,729.00 only as a guarantee for the release of the vessel. This sum can only cater for a part of the expenses we have incurred in maintaining the vessel, so we approached the Court of Appeal, and a restraining order was immediately placed on the release of the vessel.
“But this foreign company, in connivance with security agents jettisoned the order and moved the vessel out of the country.
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“The judgment by the Federal High Court, was a surprise to us. We couldn’t believe that in spite of the evidence our legal team presented, the presiding judge could give such a judgement. And this is why we are calling on the Attorney-General to investigate this. Also, some security agents aided this company to escape with the vessel.”
Corroborating this, Comrade Omentan Parson, a human rights activist who said he has been following up the case since inception, said this was the fifth time the company attempted to escape with the vessel, lamenting that they eventually succeeded.
He alleged that this same foreign company, in order to escape with the vessel, used Nigerian security personnel to kidnap the security man in charge of the vessel, saying this matter of kidnap is about to be filed in the court too.
“It’s quite unfortunate that Nigerian security agents whose monthly pay is from tax payers (Nigerians) could be used by a foreign company against fellow Nigerians. This is very bad. They (security agents) aided every step of the vessel in making sure it escape from this country.
“I was by the Jetty in Port Harcourt where I saw security agents supervise the bunkering the vessel and provide an escort Gunboat with personnel in making sure she left the shores of Nigeria.”
Calls put across to the foreign contact of the Managing Director of TOM, Mrs Jessica Jones, by our correspondent did not connect neither did she reply to the SMS sent to her cellphone.