Court fixes May 20, For hearing of Contempt Proceedings Against MDs of GHL, Century Energy, Ogbaigbena Nduka, Etete Ken

The Federal High Court, sitting in Port, harcourt Rivers State, has fixed May 20, 2025, for the hearing of contempt proceedings filed against the Managing Directors of General Hydrocarbons and Century Energy Limited, over alleged disobedience to the orders of the court.

Other alleged contemors in the firm in the suit numbered FHC/PHC/CS/287/2024, are: Ogbaigbena Nduka and Etete Ken, both the managing director of General Hydrocarbons and century Energy Limited, respectively.

The contempt suit against the alleged contemors, is sequel to an alleged disobedience to an order of Justice A.T Mohamed, made on December 18, 2024.

The Plaintiff/applicant, Trisac Nigeria Limited had engaged the services of the law firm of T.G.E Nwugha & Co, a Lagos based admiralty law firm, to recover an outstanding debt of $1,647,975 USD arising from Offshore logistics support services rendered by the to the defendant’s (GHL) OML 120.

It would be recalled that Justice A.T Mohamed, had on December 18, 2014, ordered for the arrest and detention of 150 barrels of Crude oil which belongs to GHL on board an oil tanker, M.T Tamara Tokoni, as security for the plaintiff’s claim.

Specifically, the court made the following orders: “an order is hereby made directing the admiralty marshal with the assistance of Nigerian Navy, and the Harbour Master of Nigerian Ports Authority 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 being and situate at Western Niger Delta OML 120 offshore Nigeria or any other location within the territorial waters of Nigeria and within Jurisdiction of this Honourable court, be arrested and remain under arrest pending further orders or further directions of this Honourable Court.

“An Order is hereby made directing that 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 tying being and situate at Western Niger Delta OML 120 offshore Nigeria or any other location within the territorial waters of Nigeria and within Jurisdiction of this Honourable court be released from arrest only upon payment of all sums claimed in the wnt of summons mto Court or pending the provision of an acceptable Bank Guarantee, to the Deputy Chief Registrar of this Honourable Court. m the sum of:

“A total sum of USD$1,647,978 (One Million, Six Hundred and Forty-Seven Thousand Nine Hundred and Seventy-Five United State’s Dollars) only being unpaid Hire due to the plaintiff from the 2nd defendant for the Hire of the plaintiffs Ships: MV DONNY & MV OCEAN MERIT for Provision of Security Surveillances and offshore support services at the 2nd defendant’s OML 120 located at Western Delta within the territorial waters of Nigeria.

“The sum of USD$60.000, 00 (Sixty Thousand United States Dollars) Cost of redelivery of vessel from to Port-Harcourt from Western Niger Delta offshore Nigeria to Port-Harcourt.

“The sum of USD$50.000 (Fifty Thousand United States Dollars) on the footing of General damages, to be issued by First Bank of Nigeria Pic, Zenith Bank Plc, United Bank for Africa Plc or any other First -Class Nigerian Bank acceptable to the Applicant.”

However, in defiance of the afore-said order of court, the alleged contemnor, General Hydrocarbon Limited in conjunction with Century Energy Services, a non party to the suit, were alleged to have commenced evacuation of the arrested crude oil.

Based on the above, the plaintiff commences committal proceedings against the MDS of both General Hydrocarbon and Century Energy Limited by issuing Form 48.

In the affidavit of facts and urgency in support of the form 48, deposed to by one Godpower Anuba, the Plaintiff’s Operations Supervisor, states the followings: “that I know as a fact that, on the 18/12/2024, sequel to the originating processes filed in this sult together with a motion Exparte for the arrest and detention of the 1st defendant, this court directed the admiralty marshal with the assistance of the Nigeria Navy, and the Harbour Master of the Nigeria Ports authority to arrest and detain the 1st defendant pending the provision of an acceptable bank guarantee to secure plaintiff’s claim as writ of summons,

“That sequel to the said order of court, a Warrant and Nonce of arrest, together, was respectively issued on the sad 16/12/2024 and executed against the 1st defendant and indeed, all the defendants on record.

“That while the said order of this court, warrant and notice of arrest are still subsisting, the 2nd defendant filed 2 separate applications to wit: An application seeking an order of court to set aside the order of arrest dated the 13/1/2025. And an order striking out the sult for being incompetent, Dated the 13/1/2025

“That while these applications are still pending and adjourned to the 5/10/2025 for hearing, the 2nd defendant applied vide a letter dated the 21st Day of March, 2025 requesting of an abridgement of time to hear the application which application was opposed by the plaintiff vide a letter dated the 27th day of March, 2027.

“That on the 26/04/2025, during a routine visit to the location of the 1st defendant, I noticed that a tanker was stationed adjacent the MT. TAMARA TAKONI, with a connecting hose between the two vessels through which the 1st defendant us currently being evacuated onto the said of tanker.

“That upon confronting the Captain and crew of the evacuating vessel, I was informed that the ongoing operations were at the instance of the 2nd defendant on record, Century Energy Limited and Conol Producing Nigeria Limited pursuant to a contractual obligation between the trio.

“That as at Thursday, the 1st of May, 2025, the evacuation/dissipation of the 1st defendant was still on going and may continue till the 1st defendant is completely evacuated/dissipated.

“That I honestly believe that before the hearing and determination of the pending application and by extension, the substantive suit, the 1st defendant would have been completely and effectively dissipated thereby foisting a state of helpless on this court.”