Justice Adamu Turaki Mohammed of the Federal High Court, Port Harcourt, Rivers State, has ordered the arrest of 440 cargo of 150,000 metric tonnes of crude oil onboard MT Tamara Tokoni, bearing IMO No. 8302131.
The vessel is currently located at OML 120 in the Western Niger Delta within Nigeria’s territorial waters. The court’s directive stems from an alleged unpaid sum of $1,647,975, claimed as outstanding hire fees.
The order was granted following an ex parte motion marked FHC/PH/CS/287/2024 and filed by ThankGod Nwugha, counsel to the plaintiff, Trisac Limited.
Investors King gathered that the motion also implicates General Hydrocarbons Limited and Vitol Energy Limited as defendants.
After reviewing the documents presented, Justice Mohammed instructed the Admiralty Marshal, supported by the Nigerian Navy and the Nigerian Ports Authority’s Harbour Master, to detain the cargo.
The directive specified, “The Admiralty Marshall, with the assistance of the Nigerian Navy and the Harbour Master of the Nigerian Ports Authority, is to arrest and detain the Cargo of 150,000 Barrels of Crude Oil herein sued as 1st defendant/respondent and currently onboard MT Tamara Tokoni IMO: No. 8302131 currently lying at Western Niger Delta OML 120 Offshore Nigeria or any other location within the territorial waters of Nigeria and jurisdiction of the court, pending further orders or directions of the court.”
The court ruled that the total amount due to the plaintiff includes $1,647,975 in unpaid hire fees for the use of its vessels, MV Donny and MV Ocean Merit, which were engaged to provide security surveillance and offshore support services at OML 120.
Additional sums include $60,000 for the redelivery of vessels and $50,000 in general damages, which the court ordered to be guaranteed by a first-class Nigerian bank such as First Bank of Nigeria Plc, Zenith Bank Plc, or United Bank for Africa Plc.
The plaintiff, Trisac Limited, alleged in its statement of claim that the second defendant, General Hydrocarbons Limited, habitually defaulted on payment obligations under their Time-Charter Party Agreement.
The agreement required prompt payment for services rendered, a condition the plaintiff claims was consistently breached.
Justice Mohammed said it is dangerous during business with unregistered or non-compliant businesses and warned, “The risk of engaging in business transactions with unregistered businesses is very high. Such business is not only susceptible to disappearance into thin air without trace but also serves as an easy vehicle for money laundering and terrorism financing. Unregistered businesses also cannot access government interventions in any sector.”
The court also clarified that non-compliant operators have a limited window for regularization before further sanctions are enforced.
It stated, “There is however a window for regularization between now and when the regulatory hammer will be brought on them.”