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.
