Businessman Slams N1b Suit On NIMASA DG
A Lagos businessman, Prince (Dr.) Henry Omorodion, his company, Hensmor Nigeria Limited and a Director of the company, Barrister (Mrs.) Patricia Okereke have slammed N1 billion suit on Nigerian Maritime Administration and Safety Agency and its Director General, Ziakede Patrick Akpobolokemi, over his unlawful arrest and detention.
Also joined as co-defendants are Commissioner of Police, Lagos State, Deputy Commissioner of Police, Lagos State, OC legal section, State Criminal Investigation Department, Panti, Yaba.
In an affidavit sworn to by Barrister Patricia Okereke in support of the fundamental right enforcement suit field before the court by a Lagos lawyer, Barrister Jide Zaid, the deponent averred that on 2 December, 2011, Hensmor Nigeria Limited obtained judgement at a federal high court in Lagos against NIMASA in the sum of N6,841,108,152.05 being cumulative damages for the unlawful detention of its merchant ship, M.T. Agbonmien, since 14 March, 2006.
Thereafter NIMASA’s application for stay of execution of the said judgment was granted conditionally by the court that the judgment sum should be deposited with the court within 14 days but this was disobeyed.
Two subsequent attempts made by NIMASA at the Court of Appeal to stay the execution of the judgment or vary the term were struck out and dismissed. Consequently, the court granted a garnishee order absolutely attaching the funds of NIMASA in 23 banks, but the order of the court was treated with contempt, impunity and disdain.
The company then commenced contempt proceeding against the three principal officers of a commercial bank that colluded with NIMASA to frustrate the order of the court.
However, in a bid to halt and frustrate the pending contempt proceedings, NIMASA wrote a petition dated 27 September to Commissioner of Police alleging falsely that the applicants were engaged in acts of self help and conduct likely to cause a breach of public peace by threatening the lives of their banker and attempting to forcefully collect the sum of N6.8 billion property of Federal Government from their banker during the pendency of NIMASA’s appeal against the judgment.
Based on this false complaint from NIMASA and its Director General to the Commissioner of Police, Lagos State, officer in charge of legal section State Criminal Investigation Department, the Commissioner of Police directed the applicants to report at their office on 8 November, 2012 for interrogation.
Sequel to this invitation, Barrister Okereke was arrested and temporarily detained at the State CID between 12 noon and 5.3 p.m during which she was made to write statement and answer questions.
The defendants in their desperate attempt to frustrate the legitimate enforcement of valid and subsisting judgment obtained by Hensmor against NIMASA has been victimising the officials of Hensmor.
The applicants, while claiming N1 billion as damages against NIMASA and its Director General, Ziakede Patrick Akpobolokemi, jointly and severally, are urging the court not only to declare the arrest and detention of Patricia Okereke as unlawful, illegal and unconstitutional but also restrain the defendants and its agents from further arresting or detaining officers or agents of Hensmor.
—Akin Kuponiyi
Comments