Court orders Navy to release Vessel MT Dejikun

By Innocent Anaba

LAGOS — JUSTICE Yellim Bogoro of a Federal High Court in Lagos, 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 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.
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.”
However, the Nigerian Navy and others filed a preliminary objection to the motion and urged the court to dismiss the same, on the ground that there was a pending charge which was yet to be determined.
In ordering immediate release of the vessel, the judge said: “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 crder of Federal High Court made on July 3, 2023.”
The firm listed the following grounds for the 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 Court dated July 3, 2023.
“The Nigerian Navy and Attorney General of the 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 July 3, 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 January 8, 2024, and there is no appeal challenging the order of the court made on January 8, 2024.
“The Nigerian Navy has no discretion and is obligated under the force of law, as per the orders of the court dated July 3, 2023, to release the MT Dejikun under its custody.”

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