By Mephy James
Prima Maritime Logistics Consultancy & Services Limited, a Sierra Leonean company, is seeking the intervention of the Nigerian Maritime Administration and Safety Agency (NIMASA) to recover a sum of $876,462 allegedly owed to them by Bizonal Success Nigeria Limited.
The debt reportedly arose from the towing of the vessel MT Ngol Dande 1 from Luanda Port, Angola, to Nigerian waters, a service that spanned approximately 17 months.
Prima Maritime is also appealing to NIMASA and other relevant Nigerian authorities to prevent Bizonal Success and its CEO, Yinusa Abioye Bola, from scrapping the MT Ngol Dande 1.
The vessel is the only piece of evidence the foreign company can rely on to substantiate their claim for the outstanding debt
The firm which made the appeal through its legal constants, VITALIS AHAOTU CHAMBERS in Lagos said failure of NIMASA to intervene in the case will have a strained reciprocal relationship between Nigeria and Sierra Leone.
Head of the Chamber, Vitalis Ashaotu told journalists that Prima Maritime Logistics Consultancy & Services Limited with Alim Ganga as the Managing Director had entered into a Tripartite Agreement with Fiba Networks Limited and Perculiar Steel and Power Limited for the operation and management of MV Aaliyah (Baracuda), a vessel registered in Sierra Leone.
Ashaotu said by virtue of the said Tripartite Agreement, Perculiar Steel and Power Limited was in charge of chartering of MV Aaliyah to a third party, hence Perculiar Steel and Power Limited entered into a Towage Agreement with Bizonal Success Nigeria Limited for towing of MT Ngol Dande 1 from Angola Anchorage, dropping off at Lagos Anchorage Nigeria.
According to the legal practitioner, the Towage Agreement provided in clause 22 for lump sum towage price and clause 29 a Three Thousand United States Dollars ($3000) delay payment for each day.
He said on arrival of MV Aaliyah at Luanda, Angola in 2023 for the tow of MT Ngol Dande 1, the crew as well as MV Aaliya were arrested allegedly as sea pirates who came to steal because the documents of purchase of MT Ngol Dande 1 given to them by Bola of Bizonal Success Nigeria Limited were allegedly fake.
According to him “The crew were consequently released but while the crew were in detention, Alhaji Yinusa Abioye Bola collected the Eleven Thousand Euros (£ 11, 000) that was meant for the purchase of bunker and never returned the money.
“However, in the course of this ordeal, our client (Prima) discovered that Alhaji Yinusa Abioye Bola of Bizonal Success Nigeria Limited knew that the two vessels it allegedly bought were stolen vessels but he failed to disclose this fact before MV Aaliya was engaged for the tow.
It was after all these predicaments that Bola of Bizonal Success began the due process to acquire the two scrap vessels legitimately.
“At last, MV Aaliyah towed MT Ngol Dande 1 from Luanda Port, Angola and arrived Nigeria territorial water on 31st July, 2024.
“To our greatest surprise, since MV Aaliyah arrived Nigeria, Alhaji Yinusa Abioye Bola has deliberately refused to pay MV Aaliyah the amount since the agreement came into effect.
“In the midst of all these, our client has reliably been informed that Alhaji Bola has commenced, with lightning speed, the scrapping of MT Ngol Dande 1, the only object our client could use as evidence to lay claim for his payment.
“By all indications, it appears this singular act of Alhaji Bola, would not be undertaken without the full knowledge of certain compromised staff at NIMASA, since we have been informed that there has not been any official documentation allowing MT Ngol Dande 1 to operate/berth in Nigeria. They also did not register MT Ngol Ndande 1 as required by Law with NIMASA, Nigeria Customs, Nigeria Immigrations and Nigeria Navy.
“The total indebtedness of Alhaji Yinusa Abioye Bola and Bizonal Success Nigeria Limited to our client under the Towage Agreement, excluding the expenses allegedly incurred by them and accordingly set off by our client is the sum of US$876,462 (Eight Hundred and Seventy Six Thousand, Four Hundred and Sixty Two United States Dollars).
“We want NIMASA to intervene and ensure that Alhaji and Bizonal Limited pay our client his $876,462 for the tow of Ngol Dande 1 from Luanda Port, Angola to Nigeria Water which lasted for about 17 months to enable our client pay the Seafarers their wages, he stated.
Explaining their ordeal, Captain, Kaluokoro orji cyril said they were jailed four months in Angola .
In his words:” We were accused of attempted stealing ;that we came to steal government property and therefore they detained us for four months and 3 days, it was like living in hell, they fed us with flour and water they call food.
“Food would be kept outside for flies to perch on it, and they will give us the next day. We were treated like slaves, we slept on bare floor and I developed ulcer and pneumonia. ,
“It was a bitter experience and painful, 17 months, no salary, Mr. Simon has paid 2 Million to each crew, but he needs Alhaji to pay him so he can pay us.
“We got to Angola on the 5th of March 2023, arrested 21st of March, and released 24th of July 2023.
“Our passports and phones that the officials collected were given back to us with the eleven thousand euros the officers collected from me.
“While we were going, Mr. Awoniyi who was representing Alhaji said we should not go on board with money that Angola boys could collect the money from us at gun point, the money was for repairs and food.
‘’The money was handed over to Mr. Sunday Awoniyi . We expected Mr. Sunday Awoniyi to show up but he did not show up. He said Alhaji had collected the money and returned to Nigeria.
‘’Alhaji said he does not know us. We reported to Nigerian Ambassador, she called Alhaji, he denied us and said if we like we should go and die, he repeated it again and again.
“I told Mr. Simon that if we bring the vessel to Nigeria, Alhaji will compromise NIMASA officials and not pay. I told Mr. Simon that if we get to Nigeria he will not pay; now we have brought the vessel to Nigeria and he has refused to pay.
“Alhaji Bola has commenced scrapping MT Ngol Dande 1 without the required permits, which indicates possible complicity within NIMASA or that NIMASA is simply looking away as the company has not paid any cost of importation to Customs.
“I am sorry to say but we do not have fathers to look up to in Nigeria. If Alhaji who is supposed to be a father can behave like this, I regret coming to this country.”
