The Federal High Court in Lagos South West Nigeria has granted leave to a Nigerian company Nadabo to serve court process on a British company Trafigura Beheer B V out of jurisdiction and five Nigerian companies alleged to have laundered N24 billion.
In a bid to recover N24billion alleged to have been laundered by a British company, Trafigura Beeher BV, a limited liability company in Nigeria, Nadabo Energy Limited has dragged the said London-based company before a Federal high Court in Lagos.
Joined as co-defendants in the ensuing legal battle to secure court order to detain about a million barrels of oil belonging to the company are five Nigerian companies; Mettle Energy & Gas Limited, Renbrant Limited, Jill Engineering and Oil Services Limited, Q&Q Control Services Nigeria Limited and General Marine & Oil Services Limited.
In his argument before the court, the plaintiff’s lawyer, Chief Emefo Etudo told the court that all the parties have been served, therefore there is the need for the court to order all the parties to maintain status quo and an order of the court ordering the foreign parties to be served.
In his ruling, the presiding judge, Justice Rilwan Aikawa while adjoining till Friday for further hearing ordered all court process to be served on the defendants while status quo be maintained.
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In an affidavit sworn to by the Executive Director of Nadabo Energy company, Mr Reuben Etila, and filed before the court by a Lagos lawyer, Adeola Ojo, the deponent averred that, Nadabo Energy company obtained $16million loan from Spring bank Plc to import petroleum products for onward supply to Mobil.
However Trafigura Beheer BV colluded with some officials of Spring bank Plc to steal substantial part of the money and the supply cargo now valued at N24 billion by the Nadabo company.
The money was received by letters of credit and converted same to multiple businesses, shipping and crude oil lifting of 950,000 barrels of crude oil.
Nadabo claims that Trafigura is attempting to load the supply this month at Exxonmobil/Esso Terminal ERHA.
Mr Etila also averred that this fraud that killed Spring bank Plc was just discovered this year and the President and commander in Chief of the Federal Republic of Nigeria has just been petitioned for swift action, therefore it is necessary not to allow Trafigura Beheer BV to take all her properties (crude oil) out of the jurisdiction so that any judgement given by the court will not been in vain.
Spring bank Plc was alleged to have died as a result of fraud and bad debt.
As a result of this fraud, Nadabo Energy Limited was blacklisted from securing further loans from any Nigerian bank until it pays the money back.
Heritage Bank acquired Enterprise bank Limited that acquired Spring bank Plc.
Heritage bank Plc has now dragged Nadabo Energy to court in a bid to recover their loan.
Mr Etila alleged further that the stolen assets of the company had been converted into ships and crude oil by Trafigura Beheer BV and other colluding parties.
Etila in this legal action is claiming title to the said laundered assets as notice of discovery was also given to the respondents this year.
The company which is a foreign company upon receipt of the said notice decided to quickly move her known assets that is within the jurisdiction of this court out of the jurisdiction and to Europe.
The Nadabo company has filed an undertaking as to damages with the Deputy Chief Registrar of the court and therein depose that it will indemnify the defendants or whosoever of any damage that may be caused by making of order of injunction if it turned out that the order ought not to have been made.
Trafigura Beheer BV provides resell and marketing of crude oil and natural gas. The Company serves customers worldwide.
