1st December, 2011
Families of seven crew members of a sea going tanker, MT Tutuma, who were burnt to death in June 2006 when the ship exploded, have commenced committal to prison proceeding against the owner of the ship, Prince Akinfemiwa Akinruntan and the alleged buyer of the ship, Mrs. Igbokwe of Fix Bolingo International Nigeria Limited.
In addition, the counsel to the families of the deceased, Barrister Iyke Ukadike, has also written petitions to both the Admiralty Marshal of the Federal High Court and Nigerian Maritime Administration and Safety Agency.
In an affidavit in support of the motion for the committal proceedings to prison sworn to by a senior litigation officer in the law firm of Queen Ukadike and Associates and filed before the court by Mr. Ukadike, the deponent, Mr. Efe Ogaga, averred that as a result of gross negligence of the defendants, there was a deadly explosion on board MT Tutuma vessel during the discharge of its cargo of PMS on 20 June, 2006, resulting in the death of seven crew members and loss of property as well as vital certificates including those who survived.
Following this deadly incident and refusal of the defendants to compensate the families of the victims, the plaintiffs instituted a legal action on 15 November, 2006, consequently obtained an order of a Federal High Court in Lagos, arresting and detaining the vessel pending the payment to the court by the defendants, N527,788,000 to cover the plaintiffs’ claim.
Although the defendants have been appearing in this suit and represented by a counsel, the defendants refused to pay the said sum into the coffers of the court and also failed to provide any bank guarantee to cover the plaintiffs’ case as ordered by the court. Instead, they have resorted to filing frivolous applications which were all dismissed by the court.
The said court’s order has neither been set aside nor discharged till date.
However, Ogaga averred further that while the case was still pending, the defendants, in defiance of the court’s order, proceeded to sell the vessel which was under arrest, to one Fix Bolingo International Nigeria Limited of 3/5, Adeyemo Alakija Street, Victoria Island, Lagos, at the cost of N20 million.
In the course of cutting and scrapping the vessel at Kirikiri, Lagos, officials from Nigerian Maritime Administrations and Safety Agency (NIMASA), disrupted the buyers.
However, the contemnors were alleged to have wilfully forced a faita compli on the court as they have refused to provide any security for the plaintiffs’ claim and therefore committed a contempt of court.
Some of the deceased crew members have not been given descent burial till date and in view of this, Ogaga averred that it will be in the interest of justice that the application is granted and the contemnors adequately punished for gross act of contempt.
No date has been fixed for the hearing of the application.