Delta based lawyer, Izevbuwa issues EFCC 30-day ultimatum to release tugboat, M.V. Omas Success, demands ₦50 million damages

A Warri-based lawyer in Delta State, Prof. O. G. Izevbuwas Ph.D, FICA in a protest letter on behalf of its client, Ocan Marine, issued the Economic and Financial Crimes Commission( EFCC) a thirty-day ultimatum to immediately release  tugboat, M. V. OMAS SUCCESS TUG BOAT which has been allegedly auctioned by the Economic and Financial Crimes Commission( EFCC).

The legal practitioner handed down the ultimatum in a protest letter to the EFCC and he was joined in the protest letter to the EFCC by F. I.,Bob-Osaze (Mrs.) C. C. Udoala (Mrs.) J. E. Ibiomgbo Esq. and A. E. Iluobe (Miss)

 
Prof. O. G. Izevbuwas Ph.D, FICA  also is  demanding the sum of N50,000,000.00 (Fifty Million Naira)  for the boat  salvage and repairs  having been majorly submerged by  water.

According to him, if at the expiration of the  thirty- day ultimatum, the EFCC failed to comply to his demands, he shall proceed to Court on behalf of his client to assert his right of ownership and ask for damages from the Commission.

He said:"Failure by your Commission to comply with this demand  at the expiration of the thiry days(30) ultimatum, our client has no option but proceed to the law Court to assert the right of ownership wherein, our client shall also ask for damages from your Commission for being deprived of tug boat for the past six years."

He expressed shock when the EFCC displayed the tugboat for sale by auction few days ago and his client saw it. 



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He said: "Our client is at a loss to understand why the Commission has decided to take this unilateral move.

"While we accede that the EFCC Act vests some powers of seizure on the Commission, we state that such powers are only exercisable where a vessel has been found culpable. 

"Our client's tug boat was neither  involved in any wrong doing nor  it was  intended to be used in committing any crime.  A mere allegation without substantial proof  as in this case, does not equate culpability, he added.

Prof. Izevbuwa said that in 2018, the tug boat was assigned by its  owner Egrangbene Community, Burutu Local Government Area, Delta State where dredging and canalization  work was being carried out. 

He said: "The tug boat was detailed to move dredging equipment and hoses to other location within Egrangbene Community. The photographs of the M. V. OMAS SUCCESS TUG BOAT, its Operators 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 tug boat had mechanical problems where it was tied at New Jerusalem Christian Settlement within Egrangbene Community. 

"While it was awaiting repairs that men of Warri-based Joint Task Force  descended on the tug boat in a warlike manner and illegally  and  unlawfully towed it away.

"Our client states that it was while awaiting the release of the tug boat, it became clear that  the  tug boat had been handed over to the Economic and Financial Crime Commission.

"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 are attached herewith as Annexure L and M respectively."



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According to him:"Our client states that after a detailed investigation by your Commission, it was discovered that the men of the Joint Tax Force who arrested our client's tug boat were only on a voyage of mischief.  

"They only made spurious allegations which they failed to substantiate in any way.  Interestingly, they refused and failed to turn up to even give a statement to the investigating officers of the Economic and Financial Crime Commission.

"Our client informed us that in the absence of any evidence of wrong doing; the EFCC assured that the  tug boat will be released. In the face of such sincere oral assurances, our client had to abandon  the suit filed at the Federal High Court (FHC/WR/CS/62/2018).  Unfortunately it has been an unending season of story-telling by your Commission on why the tug boat is yet to be released."

Meanwhile, the owner of the tug boat, Mr Owen Nanakumoh Esq, Chairman/Managing Director of Ocan Marine Services Limited in a short message sent to our Correspondent on WhatsApp said:"As we are talking,  they've sold it amongst other vessels through auction,despite the receipt of this protest."

Nanakumoh noted that: "The buyer of this tugboat from the auctioneer is one Mr Elo E. Whose phone number is +2348033350058."

According to Nanakumoh:"He called the Military when our protest was brought to him before the Enerhen Police, but the Military threatened to deal with whosoever that questions or interferes.

"The buyer claims the order is from the Defence Headquarters, Abuja. The service Chiefs should intervene against this oppression , victimisation and  threat", he said. 

Efforts to speak with the officials of the EFCC were unsuccessful at the time of this report.