Claimants abandon lawsuit, absconds after two years of filing

Owners of the Nigerian Merchant Navy Coast Guard Security and Safety Corps have abandoned a lawsuit they instituted against the proposed establishment of Nigerian Coast Guard after the case was filed by them on 20th July 2022 before the High Court of the Federal Capital Territory, Abuja.

In a statement made available to CAPITAL POST in Abuja by Information & Public Relations Department ,of the Provisionary Committee which was signed by Lt. Commodore Babatunde Ganiyu on Friday, said, the claimants have dumped the case as they have not been coming to Court since the case was filed in July, 2022..

The Statement read: “The case was precariously and tactically dumped by the self-rated Colossus Claimants and their ontogenetic Legal Counsel, who completely abandoned the case and absconded after been granted long adjournment but never turned up to open their case, and not a single correspondence to the court, stating a reason for their absence.

“The cheaply-hired Claimants came to court expecting to quickly arm themselves with a favoured ruling but met what they never bargained for –a down-to-earth and water-tight statement of defence –filed by the facilitators of the establishment of the proposed Nigerian Coast Guard, led by Captain Noah Ichaba, Chief Executive and Accounting Officer of the Provisionary Committee–who exposed their atrocious activities and
eventually put them on the run.

“The demand of the proxy claimants and owners of Nigerian Merchant Navy Coast Guard Security and Safety Corps was for an ‘Order of Interlocutory Injunction’
stopping the facilitators for the establishment of Nigerian Coast Guard from making any move, action, effort or having anything whatsoever to do with their own business name. And that the use of the name of Nigerian Coast Guard is impersonation in nature, grossly illegal, fundamentally unlawful, null, void and of no effect and be treated so.

“The Claimants contended that to allow the facilitation of Nigerian Coast Guard is to circumvent their effort at achieving the passage of Nigerian Merchant Navy Bill into law. That Nigerian Coast Guard should not be separated from Nigerian Merchant Navy. They demanded that the status quo be maintained.

“The case was filed on 20thJuly 2022, and hearing was for 17thJanuary 2023. From 2022 to 20th March 2024, they have not been able to open their case, but seeking long adjournment, with one excuse to another and absences.

“Consequently, Defence Counsel drew the attention of the Honourable Court to the persistent evasive behaviour and deliberate abandonment of the lawsuit by the plaintiffs and their Legal Representation.

“The Defence Lawyer argued that by completely staying away from today’s proceeding, without approaching the Court with any reason whatsoever, it confirms the degree of frivolousness and groundlessness of their case.

“That on the strength of available facts and circumstances of the case, the Claimants and their Lawyers truly know that there is no legal basis for their action, and that the rationale behind Claimants action is purely selfish as well as a violation of 1stdefendant’s fundamental rights.

“Defence Lawyer, further maintained that since it is neither the duty of the Court nor that of the Defender to beg Claimants to come forward and open their case, that he as the Defence Lawyer has to play the legal ball as it is the practice. In doing so, he drew the Honourable Court’s attention to the position of law on the matter and stretched the important of according the facilitators, represented by the 1st defendant, of the fundamental right to facilitate a statutory agency’s bill, as is involved in this case.

“Defence Lawyer concluded that at this point, he has no better legal demand to make order than to rely on provisions of the law to ask that the case be dismissed, in its entirety.

“On the strength of the Defence Lawyer’s oral motion for the honourable Court to dismiss the case, and the Honourable Judge, having taken due note of all facts and circumstances of the case, slams detractors of the Facilitation Team of the Coast Guard, and granted the oral motion for dismissal of the case, which he rule in favour of Defence Counsel’s demand.

“And the Nigerian Merchant Navy Coast Guard Security and Safety Corps case instituted against the facilitation of the establishment of the proposed Nigerian Coast Guard was described as meritless and accordingly dismissed, by the Honourable Judge of the High Court.”