Firm files N771m suit against Navy, AGF

A Lagos-based maritime company, Sea Delights Marine Wreckage Limited, has filed a N771m suit against the Attorney-General of the Federation, the Nigerian Navy, and other officials over its inability to take possession of a vessel purchased through a court-ordered auction.

Also listed as defendants in the suit marked FHC/L/CS/793/2026 before the Federal High Court in Lagos are the Chief Registrar and the Deputy Chief Registrar (Admiralty) of the Federal High Court.

The company, through its counsel, Benjamin Sati, is seeking a total of N771m, covering the cost of the vessel, damages, legal fees, and litigation costs.

Sea Delights stated that it paid N130m on July 15, 2024, for the vessel, MT Dejikun (IMO: 8716045), but has been denied possession due to what it described as “unlawful interference and disobedience of court orders” by the AGF and the Nigerian Navy.

The firm is also asking the court for declarations and orders, including: “A declaration that the 1st and 2nd defendants 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… are altogether ultra vires.”

“An order of rescission of the contract resulting in the deterioration and depreciation of the value of the said vessel.”

“An order setting aside the auction sale due to the undue influence of the 3rd, 4th and 5th defendants.”

The suit also prays for a refund of N130m with accrued interest, N500m as punitive and exemplary damages, N10m as legal fees, and N1m as the cost of the suit.

In its statement of claim deposed to by its Managing Partner, Bukoye Omoyemi, the company said the dispute originated from a judicial sale ordered by Justice Yellim Bogoro on July 3, 2023.

The order, made in Suit No. FHC/C/65/2017 between the Federal Republic of Nigeria and MT Dejikun, directed the sale of the vessel to prevent further deterioration, as it had been under detention since 2016 at the Nigerian Navy Kirikiri Anchorage in Lagos.

Following the court order, the Admiralty Marshal wrote on October 11, 2023, to the Nigerian Navy requesting assistance for valuation.

The Navy, via a letter dated December 4, 2023, signed by Rear Admiral K.C. Ezete, approved security support.

The vessel was valued by A-One Security Limited, Port Harcourt.

A public auction was conducted, and Sea Delights emerged as the successful bidder.

The company said it received an offer letter dated May 27, 2024, and paid into a designated Fidelity Bank account in the name of the Chief Registrar of the Federal High Court.

“A protocol for delivery and acceptance, alongside a Bill of Sale, was executed on July 15, 2024,” it added.

The claimant said the Admiralty Marshal formally notified the Nigerian Navy of the judicial sale on July 15, 2024, requesting assistance to release the vessel.

However, the Navy, in a letter dated September 18, 2024, signed by Rear Admiral Ezete, declined, insisting that the request must come through the AGF.

The firm said further efforts led to correspondence involving the AGF’s office.

It stated that in June 2025, the Navy wrote to the AGF seeking clarification, and the Solicitor-General, in a letter dated July 24, 2025, directed that the vessel should not be released due to a pending forfeiture motion.

The company maintained that the forfeiture application was later dismissed.

It stated that on February 10, 2026, Justice Bogoro refused the forfeiture request and ordered the immediate release of the vessel.

Despite this, the firm alleged that the AGF and the Nigerian Navy “have since then turned a deaf ear, failing, neglecting and/or refusing to obey the order.”

Sea Delights told the court that the vessel had suffered severe damage due to prolonged detention.

It stated: “MT DEJIKUN has been vandalised in addition to the deterioration caused by continued sinking.”

The company added that: “The refusal to allow the plaintiff to take possession has caused great losses,” including lost business opportunities and increased recovery costs.

The firm argued that the delay has fundamentally undermined the contract.

“Having not been allowed to take possession for about two years has caused a fundamental breach, and the plaintiff deserves rescission of the contract and refund,” it said.

It also urged the court to set aside the auction, stating that external interference made performance impossible.

The case has been assigned to Justice Ayokunle Faji, who has fixed June 15, 2026, for hearing.

The defendants have yet to file any response.

Justice Bogoro had earlier, on July 3, 2023, struck out the criminal charge against the vessel for lack of diligent prosecution and ordered its release.

He reaffirmed that position on February 10, 2026, directing that the vessel be handed over to the claimant.