A Federal High Court in Lagos State has ordered forfeiture and sale MV Eli Akaso, a vessel belonging to Energy Link Infrastructures Limited in satisfaction of a judgement debt.
The court ordered the vessel with IMO No 9164847 be forfeited to Gimbrown’s Marine Oil And Gas Limited (GIMB) who have been in court with Energy Link.
The suit, No: FHC/L/CS/2276/2022 GIMBROWNS MARINE OIL AND GAS, Versus ENERGY LINK INFRASTUCTURE LIMITE and MV ELI AKASO was earlier instituted before a Federal High Court Lagos.
In a judgement on January 26, 2023, Justice Y. Bogoro of the Federal High Court Lagos, ordered
Energy Link Infrastructures Limited’s payment of $1,016,200 for a debt owed and expenses to Gimbrown’s Marine Oil and Gas Limited (GIMB).
Counsel to GIMB, ThankGod Nwugha, noted that the Defendants failure to comply, warranted the Deputy Sheriff of the Federal High Court in Lagos to issue Writ of Attachment and Sales against MV Eli Akasa.
Nwugha in a statement yesterday in Porr Harcourt, Rivers state, explained that by this process the said vessel has been effectively attached for sale in satisfaction of the judgement debt.
Following difficulty encountered by officers of the Deputy Sheriff in executing the Writ of Attachment and Sales against the vessel currently located offshore Bonny in the Gulf of Guinea, Justice I.N. Oweibo, sitting at a vacation court in Lagos, on August 9, 2023, ordered that the Writ of Attachment be served via newspaper advertisement.
The statement read, “Between August 1, 2022 and December 31, 2022, ‘Eli’ took lease of GMB’s Security Vessel, MV OCEAN MERIT, for purposes of ballistic armed escort and security surveillance in aide of safe operations of MV ELI AKASO her cargo, crew, hull and machinery at Bonny, offshore Gulf of Guinea.
“During the period under reference, which spanned a total of 213 days, an accumulated outstanding freight due and payable to ‘GMB’ from ‘ELI’ for the said services rendered for ELI AKASO in the tune of $1,116,000 (One Million, One Hundred and Six Thousand USD) at a daily rate $7,300 (Seven Thousand Three Hundred USD) resulted and remained unpaid.
“This humongous indebtedness became a worry for GMB as Eli was not prepared to pay despite repeated demands, appeals and entreaties to the contrary. Almost ad infinitum, ELI hedged, quibble and prevaricated over the issue, prompting GMB, through the law firm of T.G.E NWUGHA & CO to institute action for recovery.
“July 11, 2023, attempt by the Sherriff of the Federal High Court Lagos to attach to the MV ELI AKASO the issued Writ of Attachment and Sales at her location Offshore Bonny, Gulf of Guinea was frustrated by agents of Eli who engaged armed men to over-power, over-awed the Sheriff and his Police escort.”
Recall that August 09, 2023, the Hon Justice I.N. Oweibo, of the Federal High Court Lagos, sitting as a vacation Judge, issued “an order for the advertisement of the WRIT OF ATTACHMENT AND SALES…issued against MV ELI AKASO in three (3) National dailies circulating one of which should be an online news madia operating within the Federal Republic of Nigeria”.
