A Lagos-based maritime company, Sea Delights Marine Wreckage Limited, has instituted a high-stakes legal action before a Federal High Court, Lagos, against the Attorney-General of the Federation (AGF), The Chief of Naval Staff and the Nigerian Navy, for frustrating its lawful acquisition of a vessel purchased at a court-ordered auction.
Listed as first to second defendants in the suit numbered FHC/L/CS/793/2026, filed by its lawyer, Benjamin Sati, are: the Chief Registrar and the Deputy Chief Registrar/Admiralty, both of the Federal High Court.
Specifically, the marine company is asking the court to compel the defendants jointly and severally to pay a total sum of N771 million, for being the cost paid for the vessel, exemplary damages, legal fees, and cost of instituting the suit
In the suit, the firm, Sea Delights Marine Wreckage Limited alleged that despite paying N130 million for the vessel, MT Dejikun, in July 2024, the defendants have denied it of possession of the vessel due to what it describes as ‘unlawful interference and disobedience of court orders’, majorly by key the Attorney General of the Federation and the Nigerian Navy.
The marine firm is consequently asking the court for the following reliefs several and jointly against all the defendants. “a declaration that the 1st and 2nd defendants, having auctioned the vessel known as MT DEJIKUN to the plaintiff and executed all necessary documents for the release of the said vessel to the plaintiff, which said plaintiff was however refused the possession thereof, are in fundamental breach of a contract for the sale of the vessel known as “MT DEJIKUN” concluded on or about the 15th day of July, 2024.
“A declaration that the actions of the 3rd 4th and 5th defendants jointly and severally, vide the multiple correspondences agreeing to refuse the plaintiff taking possession of the vessel “MT DEJIKUN” despite the mandate of the Admiralty Marshal and the subsequent order of the Hon. Justice Y. Bogoro, are altogether ultra vires.
“An order of rescission of the contract between the plaintiff and the 1st and 2nd defendants for the said 1st and 2nd defendants’ failure to handover possession of the vessel known as MT DEJIKUN to the plaintiff resulting in the deterioration and depreciation of the value of the said vessel from its original value as at the time of the contract in July, 2024.
“An order setting aside the auction sale to the plaintiff, the 1st and 2nd defendants having become incapable of handing over possession of the auctioned vessel MT DEJIKUN to the plaintiff due to the undue influence of the 3rd, 4th and 5th defendants.
“An order directing the 1st and 2nd defendants to refund to the plaintiff the sum of N130 million, being the purchase price as per the auction of the vessel MT DEJIKUN and any accrued interest on the deposit, the plaintiff having been prevented from taking possession of same by the 3rd, 4th and 5th defendants.
“An order directing the 3rd, 4th and 5th defendants to pay the plaintiff as, interest per annum on the purchase price of N130 million, from July 11, 2024, until judgment ang thereafter until the judgment sum is fully satisfied.
“An order directing the 3rd, 4th and 5th defendants, jointly and severally pay to the plaintiff the sum of N500 million, as punitive and exemplary damages for wrongfully preventing the said plaintiff from taking possession and putting to use the vessel “MT DEJIKUN” after having purchased same vide an auction.
“An order directing the defendants, jointly and severally, to pay the plaintiff the sum of N10 million, being the legal and professional fees incurred by the plaintiff in prosecuting this suit.
“An order directing the defendants, jointly and severally, to pay the plaintiff the sum of one million naira, only (N1, 000, 000. 00), being the cost of this suit and incidental costs.”
Parts of the firm’s Statement of Claim/Witness Statement deposed to by its Managing Partner, Bukoye Omoyemi, reads: “that, it is into maritime business and that it took part in a bid for the sale of a vessel “MT DEJIKUN” vide an auction sequel to the order of the Federal High Court at its Admiralty Division in Lagos, dated the 3rd day of July, 2023, to prevent further deterioration of the said vessel which has been in detention since the year 2016 at the Nigerian Navy Kirikiri Anchorage Lagos. A certified true copy of the order is herein pleaded and shall be relied upon at the trial of this suit.
“That, sequel to the order of Hon. Justice Yellim S. Bogoro granted on 3/7/2023, the 2nd defendant, Admiralty Marshal, wrote a request, dated the 11th day of October, 2023, to the 4th defendant for assistance to conduct the valuation of the vessel MT DEJIKUN, based on the order of this honourable court in Suit No. FHC/C/65/2017 between FEDERAL REPUBLIC OF NIGERIA v. MT DEJIKUN. And that the 4th defendant responded, vide a letter dated 4th December, 2023 signed by one KC EZETE Rear Admiral for the Chief of Naval Staff, conveying the gracious approval of the Chief of Naval Staff for security assistance during the valuation and sale of “MT DEJIKUN.”
“That notice was published, bids received and the plaintiff was selected as the winner after valuation was conducted by A-One Security Limited, Plot 71 trans-Amadi Industrial layout, Port-harcourt, River State. And that offer to purchase the vessel “MT DEJIKUN” with [MO: 8716045 was written to Sea Delights Marine Wreckage Ltd of 35 Karimu Street, Kirikiri Town, Apapa Lagos dated 27/5/2024 on behalf of the 2nd defendant, Admiralty Marshal, annexed with a forwarding letter of court’s account number for payment to purchase the vessel “MT DEJIKUN” with IMO: 8716045 dated the same date.
“That it made payments into the designated account 5120000814 with Fidelity Bank bearing “Chief Registrar Federal High Court of Nigeria” and a protocol for delivery and acceptance in respect of the sale of vessel “MT DEJIKUN” was executed by the sellers and the buyers dated the 15th day of July, 2024 with Bill of Sale annexed thereto. And that the Chief of Naval Staff and the Nigerian Navy, that is the 4th and 5th defendants, were written to by the 2nd defendant, vide a document headed “JUDICIAL SALE OF “MT DEJIKUN” dated 15th July, 2024 calling on the 4th and 5th defendants to accord the buyer the necessary assistance.
“That the 4th and 5th defendants, vide a letter dated 18th September, 2024 signed by KC EZETE Rear Admiral for the Chief of Naval Staff addressed to the Deputy Chief Registrar of Federal High Court of Nigeria Lagos Division, 24, Oyinkan Abayomi Drive, Ikoyi, Lagos, declined to accede, citing reasons that the notice ought to have emanated from the office of the Attorney General of the Federation and suggesting that the request be routed through the Office of the Attorney General of the Federation. And that, Rear Admiral KC Ezete wrote both letters dated 4th December, 2023 and 18th September, 2024 on behalf of the Chief of Nava] Staff honouring the request of the 1st and 2nd defendants to provide security at both the valuation and sale of the said vessel].
“That bottlenecks experienced in securing the release of “MV DEJIKUN” compelled the plaintiff to write to the 2nd defendant through the plaintiffs Attorneys Ikhide Ehighelva & Co. on 30/9/2024 requesting that the said 2nd defendant, Deputy Chief Registrar, should highlight the position to clarify to the Hon. Attorney General of the Federation, sequel to which the 2nd defendant, Deputy Chief Registrar, wrote, vide a letter dated 21st October, 2024. And that the 4th and 5th Defendants, vide a letter dated June, 2025 and received in the office of the Hon. Attorney General of the Federation on 9/7/2025, bent on their decision not to obey the orders of the Court made on 3/7/2023, wrote the 3rd defendant requesting for clarification on the release of “MT DEJIKUN” and the Solicitor General of the Federation replied, vide a letter dated 24” July, 2025, unambiguously instructing the 4th and 5th defendants not to release “MT DEJIKUN” as there is a pending motion for forfeiture of “MT DEJIKUN.”
Engineer Bukoye further stated that Hon. Justice Y. Bogoro, on the 10th day of February, 2026, declined to oblige the application of the 3rd defendant seeking forfeiture of the proceed for the sale of the vessel “MT DEJIKUN”, and gave an express order to the 4th and 5th defendants to release “MT DEJIKUN” to the plaintiff but the 3rd, 4th and 5th defendants have since then turned deaf ears, failing, neglecting and/or refusing to obey the order.
He further averred that “MT DEJIKUN” has been vandalized removing many valuable parts from it in addition to the deterioration caused by continued sinking which resulted from the refusal of the 3rd, 4th and 5th defendants to allow the plaintiff take possession since the said plaintiff bought same about two years ago, and this court shall be moved to the Locus in quo to inspect the current state of “MT DEJIKUN.”
“That it has suffered financial and economic losses by the refusal of the defendants to allow it take possession of the vessel, and that it has lost a lot of business opportunities by tying its capital in “MT DEJIKUN” for about two years now, without ever being allowed to benefit from the vessel, thereby causing great losses to the plaintiff.
“That the actions of the 3rd, 4th and 5th defendants in refusing to allow it take possession of the vessel with the attendant sinking and deterioration of the said vessel, as acknowledged by the 4th and 5th defendants in their correspondences, will cost the plaintiff more money than the purchase price to bring “MT DEJIKUN” out, beside the fact that the vessel has been vandalized and has lost its original value compared to the time the plaintiff bought it in 2024.
“That, having not been allowed to take possession of “MT DEJIKUN” for about two years after paying for same, despite the plaintiff’s deliberate and conscious’efforts towards taking possession thereof, has caused a fundamental breach of and absence of conclusive contract between the plaintiff and the 1st and 2nd defendants and so the plaintiff deserves, as a remedy, rescission of the contract and refund of its full purchase price and interest, in addition to exemplary and punitive damages against the 3rd, 4th and 5th defendants jointly and/or severally.
“That it is also necessary for this court to set aside the auction since the subject matter could not be taken possession of by plaintiff as a result of the deliberate frustration from external forces over whom the 1st and 2nd defendants have no control, and that is detrimental to the plaintiff. And that the plaintiff was compelled to engage the services of an attorney to file and maintain an action and the sum of N10 million was paid as a professional fee.”
The defendants are yet to file any response to the suit despite being served with all the processes in the matter.
Meanwhile, Justice Ayokunle Faji has fixed June 15, for for the hearing of the suit.
It would be recall that Justice Yellim Bogoro 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.
The judge again, on February 10,2026, ordered immediate release of the vessel to Sea Delights Marine Wreckage Limited, while granting the motion filed for the release of the vessel, following the striking out of the charge marked FHC/L/65c/2017.
