Firm Urges AG’s Probe Over Breach Of Contract

The management of Fidken Multi Services Limited has appealed to the attorney-general and minister of justice, Lateef Fagbemi (SAN), to intervene on a case between it and Togo Oil & Marine Ltd, also known as TOM, owners of  Vessel MV MONTY J & ANOR.

The firm also called on the Chief of Naval Staff,  Vice Admiral Emmanuel Ikechukwu Ogalla and Chief of Army Staff, Lt. Gen. Olufemi Oluyede, to investigate and bring to justice those who allegedly aided the escape of the vessel owned by a foreign firm despite a restraining order from the Court of Appeal in Lagos.

The managing director, Fidken Multi Services Ltd., Engr. Kennedy Fidelis, made the call in a statement made available to newsmen in Warri.

He said Fidken Multi Services hired the vessel for a period of six months with a renewable agreement but the vessel broke down after two weeks of delivery to Nigeria from Lome, Togo.

He named Socemet as the company that connected his company with the ship owners.

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 noted that, rather than the owner-company taking responsibility of repair in line with the  contract agreement, TOM sent representatives to plead with the management of Fidken Multi Services Ltd to assist in fixing the vessel.

He said TOM, during the plea, said the company could not 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.

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 the act to sell the vessel without his knowledge was a breach of the existing contract.

He said: “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.

“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 judgment. 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.”

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.