There are strong indications that the office of Attorney General of the Federation (AGF) may commence criminal proceedings against the acting Director General of the Nigerian Maritime Administration and Safety Agency (NIMASA); Mr. Hauro Jauro and two others over alleged denial of information on an accident involving two ships in October 2015 which led to the death of nine crew.
Counsel to Twinstomp Energy Limited , owners of the ill-fated vessel MT Tank; Andrias and Company is also warming up to slam the Nigerian Maritime Administration and Safety Agency (NIMASA) notice of intention to commence legal proceedings
In a letter titled “Notice of intention to commence legal proceedings” which was addressed to the acting director general of NIMASA Mr. Baba Jauro, it alleged that the agency refused to give relevant information to the legal counsel about details of the other vessel MT Elixir.
According to the letter made available to Shipping Position Daily over the weekend, lawyer to Twinstomp Energy Limited Barrister Olawale Agbolade on behalf Andrias and company (Legal Practitioners) noted that DG and two others namely the Director, Maritime safety, Engr. Vincent Udoye and the Assistant Director, Accident Investigation Bureau, Engr Edubio Kiniyi are all defaulting officers for wrongful denial of information for perusal.
n a letter to the acting DG titled, ‘Re: SHIP COLISSION INVOLVING MT ELIXIR (IMO NO. 9282510) AND MT TANK (IMO NO. 8681460) LEADING TO LOSS OF LIFE AND SHIP’ through the counsel to the Shipowner ANDRIAS &CO. “, the law firm said it was also ready to take legal proceedings against the apex maritime agency for wrongful denial of information.
According to the statement ,“Our client relief shall include an order of court directing the Attorney-General of the Federation to commence criminal proceedings against the Director-General, Mr. Baba Haruna Jauro; the Director, Maritime safety, Engr. Vincent Udoye and the Assistant Director, Accident Investigation Bureau, Engr Edubio Kiniyi all being defaulting officers for wrongful denial of information.”
“Also, having received your letter of 20th November 2015, by which you refused our client request for the information and records requested,
“It is our opinion that your refusal to grant the request and indeed the reason adduced for such refusal is wrongful. Kindly therefore take this as our notice of intention to commence legal proceedings against your agency”.
“Our cause of action is predicated on your act of wrongful denial of information in contravention to the Freedom of Information act 2011.”
The law firm however asked on behalf of its clients (Twinstomp Energy Limited) and the nine victims that lost their lives for detailed particulars of the owners of MT ELIXIR, detailed particular of all crew onboard MT ELIXIR on the day if the incident.
The letter reads further, “A detailed particular and copies of records of the undertaking extracted from the owners of MT ELIXIR to make available any crew or members as may be needed in future.
Report of search and rescue so far carried out by NIMASA on the ship collision and report of investigation conducted on the collision so far.
The firms also stated that it would ask the court to compel the agency to disclose the above mentioned information to the plaintiff.
Meanwhile, efforts to get the reaction of the agency proved abortive as the Deputy Director, Public Relations, Hajia Lami Tumaka telephone lines were unreachable.
It would be recall that 12 personnel were on-board, the ill fated with 3 survivors and nine missing or dead following the October 19 collision off the coast of Warri in Nigeria’s Delta State.
Media reports also has it the apex regulatory agency which is NIMASA lied about rescuing the three survived crew on board the ill – fated vessel even as a Lagos lawyer Olumide Oyewole described as blatant falsehood the assertion that agency rescued 3 out of twelve crew members that were involved in the marine accident in Delta State.
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