Delta lawyer kicks as EFCC allegedly auctions seized tugboat

A Warri, Delta State-based lawyer, Prof. O. G. Izevbuwas, has kicked against an alleged move by the Economic and Financial Crimes Commission to auction a tugboat, MV Omas Success, owned by his client, Ocean Marine, which the anti-grant commission reportedly seized six years ago.

The lawyer has subsequently issued a 30-day ultimatum to the EFCC to release the tugboat, MV Omas Success, to his client, arguing that “while the EFCC Act vests some powers of seizure in the commission, such powers are only exercisable where a vessel has been found culpable.”

He said, “Our client’s tugboat was not involved in any wrong neither was it intended to be used in committing any crime.”

He consequently demanded from the EFCC a sum of N50 million, “being damages for the salvage and repairs of the boat, having been majorly submerged by water.”

In a protest letter from the lawyer to the EFCC, copies of which were made available to journalists in Warri on Monday, Prof. Izevbuwa who led a team of other lawyers, F. I. Bob-Osaze (Mrs.), C. C. Udoala (Mrs.), J. E. Ibiomgbo Esq. and A. E. Iluobe (Miss), alleged that the EFCC had deprived their client “the use of the tugboat for the past six years,” adding that they were shocked when the EFCC displayed the tugboat for sale by auction few days ago and the client saw it.

The protest letter reads in part, “Our client is at a loss to understand why the commission has decided to take this unilateral move.”

Izevbuwa explained that in 2018, the tugboat was assigned by its owner to Egrangbene community, Burutu Local Government Area, Delta State where dredging and canalization work was being carried out.

“The tugboat was detailed to move dredging equipment and hoses to other locations within Egrangbene community. The photographs of the tugboat, its operator’s permit, and other documents are attached herein as Annexures A, B, C, D, E, F, G, H, I, J, and K respectively.’’

“Our client states that on their way back from Egrangbene community, the tugboat had mechanical problems when it was tied at New Jerusalem Christian Settlement within Egrangbene community.

“It was while awaiting repairs that men of the Joint Task Force, Warri Base, descended on the tugboat in a warlike manner. They then illegally and unlawfully towed it away.

“Our client states that it was while awaiting the release of the tugboat that it became aware that the tugboat had been handed over to the EFCC.

“Your commission subsequently invited the Managing Director of our client and some other workers in the company in the course of its investigation, through a letter dated 27th September 2018, with reference CR.3000/EFCC/BNZ/STF/278/VOL.6/100. A copy of the said letter of invitation and a copy of the letter dated 9th October 2018 written by our client’s solicitors asking for a re-scheduling of the interview is attached herewith as Annexures L and M respectively.”

The lawyer stated further that after a detailed investigation by the EFCC, it was discovered that the men of the Joint Tax Force who arrested our client’s tugboat were only on a voyage of mischief.

Also speaking with journalists, the owner of the tugboat, Mr. Owen Nanakumoh Esq, Chairman/Managing Director of Ocean Marine Services Limited, affirmed that “as we are talking, they’ve sold it (tugboat) amongst other vessels through auction, despite the receipt of this protest.”

Nanakumoh named the purported buyer of the tugboat from the auctioneer as Mr. Elo E.

He added that the buyer called the military when “our protest was brought to him before the Enerhen police, but the military threatened to deal with whosoever questions or interferes.” He disclosed that the buyer claims the order is from the Defence Headquarters, Abuja. Nanakumoh said.

The tugboat owner therefore pleaded profusely that the Service Chiefs should intervene and ensure that justice is served.

Efforts to hear from the EFCC on the incident were unsuccessful at the time of filing this report.