Court Orders Dangote Refinery To Release Stena Sunshine Vessel Upon $300,000 Letter Of Undertaking

Dangote Petroleum Refinery & Petrochemicals FZE has been dragged before a Federal High Court in Lagos over the alleged illegal detention of a vessel.

The indigenous petroleum firm is being tried before the court on the alleged infraction, alongside Capt. Shivkumar Sherkhane and Rana Satendra.

The applicants in the suit, numbered FHC/L/CS/639/2025, are: the vessel Stena Sunshine and the owners of the MT Stena Sunshine.

Justice Akintayo Aluko had made an interim order directing Dangote Petroleum Refinery & Petrochemicals FZE to release the MT Stena Sunshine from any detention and/or arrest upon the delivery of a GARD Protection & Indemnity Club’s Letter of Undertaking (LoU), securing any verifiable claim the first respondent may have, up to the sum of $200,000.00 USD (Two hundred thousand United States Dollars).

The court also ordered that the LoU shall be in the sum of $300,000 USD, as shown in the applicants’ letter of undertaking dated April 8, 2025.

The court further ordered the applicants, the vessel Stena Sunshine and the owners of the MT Stena Sunshine, to formally file a letter of undertaking before the court.

Justice Aluko, however, refused the applicants’ prayer seeking to restrain Dangote Petroleum Refinery & Petrochemicals FZE, its staff, and others—including their personnel, servants, agents, or anyone acting or purporting to act on their behalf—from harassing, arresting, detaining, intimidating, and/or threatening to arrest and/or detain the applicants, or from taking any steps that would threaten and/or jeopardize the enjoyment of the applicants’ fundamental rights to personal freedom and liberty, and to own and operate property without let or hindrance, over an incident that occurred on March 14, 2025.

Meanwhile, the matter has been adjourned to May 27, for the hearing of the substantive suit.

In the suit, the applicants, in their application dated March 26, 2025, have asked the court for the following reliefs, among others: “An order of interim injunction restraining the respondents, by themselves, their staff, personnel, servants, agents, or anyone acting or purporting to act for or on their behalf from harassing, arresting, detaining, intimidating, and/or threatening to arrest and/or detain the applicants, or from taking any steps that would threaten and/or jeopardize the enjoyment of the applicants’ fundamental rights to personal freedom and liberty, and to own and operate property without let or hindrance over an incident which occurred on 14/03/2025.

“An interim order of this honorable court releasing the MT Stena Sunshine from any detention and/or arrest by the respondents, upon the delivery of a GARD Protection & Indemnity Club’s Letter of Undertaking (LoU), securing any verifiable claim the first respondent may have, up to the sum of $200,000.00 USD (Two hundred thousand United States Dollars).

“An order for substituted service of all the court processes in this matter (including the Originating Motion and/or any order made by this honorable court) on the respondents by serving same via courier (FedEx or DHL) c/o the respondent’s Chief Operating Officer.”

The applicants listed 19 grounds and filed an affidavit of 14 paragraphs, urging the court to grant their reliefs.

However, Dangote Petroleum Refinery & Petrochemicals FZE and the other respondents challenged the application by filing an 11-paragraph affidavit to show cause.

Ruling on the application, Justice Aluko, after perusing all the processes and exhibits filed by the parties, as well as the authorities cited by their respective counsel, held that: “There is merit in the application. While relief one cannot be granted at this stage because it touches on relief (e) in the substantive suit, relief two is grantable on the strength of the evidence before the court.

“Accordingly, it is hereby ordered as follows: that relief one is refused; that relief two is hereby granted; that the LoU shall be in the sum of $300,000 USD, as shown in the applicants’ letter of undertaking dated April 8, 2025; and that the letter of undertaking shall be formally filed before the court.”

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