NIMASA DG Mobereola, ED Maritime Labour In Soup, As Oyetola Probes Imminent Deportation of 296 NSDP Cadets from India

—SAMET Alleges Breach in Contractual Agreement

By DAPO OLAWUNI

There are indications that the Nigerian Maritime Administration and Safety Agency (NIMASA) is swimming in murky waters as the Minister of Marine and Blue Economy, Adegboyega Oyetola has ordered a probe into series of allegations against the agency, especially the Executive Director, Maritime Labour and Cabotage Services, Abba Jibril by the Springdale Academy of Maritime Education and Training Trust (SAMET) in India.
SAMET is a vendor of the National Seafarers Development Programme (NSDP) with 296 Nigerian cadets in its facility. These cadets are now at risk of being collateral damage for the actions of the maritime agency.

SAMET in a petition dated July 19, 2024 through its Nigerian legal firm, Kunle Adegoke & Co and signed by Kunle Adegoke, SAN, a copy of which was obtained by DAILY TREND, accused the embattled NIMASA Executive Director of renegotiating the terms of the MoU in an “unconventional manner”, contrary to provisions of the said MoU and with an alleged “intention to achieve personal gratification.

Reliable sources informed our correspondent that the Minister of Marine and Blue Economy, Adegboyega Oyetola have subsequently, issued a query to the Director General of NIMASA, Dr Dayo Mobereola to answer to these allegations in seven days.

The Query was signed by Director of Maritime Security and Safety in the Ministry of Marine and Blue Economy, Mr Babstunde Dambata on behalf of the Minister.

In Specific terms, the query letter dated August 25th, 2024 asked the NIMASA DG and his Executive Directors to respond to the allegations by the Kunle Adegoke, SAN, Lawyers to the Vendor.

SAMET in India had petitioned the NIMASA DG over alleged breach of contractual agreement with Maritime Labour and Cabotage Services.

SAMET in the petition dated July 19, 2024 through its Nigerian legal firm, Kunle Adegoke & Co and signed by Kunle Adegoke, SAN, demanded an immediate payment of all sums due and payable as per the invoices already submitted to the Agency in line with the obligations contained in the Memorandum of Understanding (MoU) between the parties.

Titled “Breach Of Contractual Engagement As Contained In The Memorandum Of Understanding Duly Executed Between Nigerian Maritime Administration And Safety Agency (NIMASA) And Springdale Academy Of Maritime Education & Training Trust (SAMET), India,” the Indian company appealed to NIMASA DG to thoroughly investigate its complaint against the Executive Director, ML & CS; Mr Jibril Abba, with unbiased mind.

SAMET also sought an assurance that further business relationship between the parties will be governed by strict adherence to best international practices.

In the petition which was copied to the Attorney General of the Federation and Minister of Justice, Minister of Marine and Blue Economy and Director, Legal Unit of NIMASA, the company accused the Executive Director of Maritime Labour and Cabotage Services, Mr Abba of renegotiating the terms of the MoU in an “unconventional manner,” contrary to the provisions of the said MoU and with an alleged “intention to achieve personal gratification”

On the contractual relationship with his client, Adegoke stated that NIMASA vide a duly executed Memorandum of Understanding (MoU) signed in 2021, engaged “our client to provide the services of training your agency’s cadets in India under the terms provided in the said MoU wherein your Agency covenanted to “co-operate with our client in all matters relating to the services and provide information as our client may require from time to time; provide the NIMASA deliverables; pay for the Services under an invoice which has been vetted and agreed by both parties.”

Adegoke informed the NIMASA DG that since the commencement of the MoU, his client has fulfilled its contractual obligations as contemplated by the agreement.

He said unfortunately “the same cannot be said of his Agency which has persistently treated its obligations under the MoU with utter levity and disregard”.

He added that “by Clause 4 (a) (iii) of the MOU, your Agency has an obligation to pay for the services rendered by our client under an invoice which has been vetted and agreed by both parties while Clause 7 (1.3) of the MoU further provides that:

“The NIMASA shall pay the Invoice, within 30 days of the date of receipt of a valid invoice in advance to the Service Provider’s Bank Account, barring any delays caused by unavoidable financial regulatory processes. A valid invoice in respect of any student may be issued by the Service Provider only following enrolment of such students for the Course by the Service Provider.

“Earlier in 2023, our client was requested to submit invoice for additional 100 cadets under the existing MOU and the sum of $24,300 per cadet was submitted. The Management of your Agency met on the 3rd day of April, 2024 and approved additional 100 cadets and the list of the 100 cadets was given to our client to commence necessary arrangements.”

He claimed that their client has since commenced the process for “this Instruction including expending its financial resources and entering into further obligations with respect to third parties in fulfilment of its bargain with your Agency (NIMASA)”.

It said, “In line with the terms of the MOU, our client has issued your Agency with an invoice for over (3) three months now, but to our client’s dismay, your Agency, which is expected to uphold best practices, has deliberately failed, refused and/or neglected to pay the issued invoice.

“The amount invoiced is, by the MOU, due and payable and it is with regard to service which your Agency has enjoyed and is currently enjoying.”

Adegoke stated that the firm’s Indian client reasonably believes that reason the invoice had not been paid because ED, ML&CS would like to renegotiate the terms of the MOU in an “unconventional manner contrary to the provisions of the said MoU and with some personal gratification to achieve”.

He claimed that the agency’s Executive Director’s insistence on stringent terms is not in any way consistent with the existing obligations of the Agency under the MOU.

According to him, this is in conflict with NIMASA’s ethical, moral and legal duty to abide by the terms of the MOU in the interest of all the cadets in training and the Federal Republic of Nigeria.

Adegoke alleged that on multiple incidents, the Executive Director engaged in bullying and harassing his client’s representatives.

He noted that his client seeks to avoid a situation where 296 students currently undergoing training would be at the “receiving end of the consequences of your Agency’s Executive Director’s embarrassing and despicable behaviour.”

In another letter from a law firm in the United Kingdom; AI Law, London , titled ” Springdale Academy of Maritime Education and Training: Formal Complaint Regarding the Conduct of ED ML&CS NIMASA: Harrassment,Bullying and Contractual Discrepancies ” addressed to the Director General, Dr Dayo Mobereola, expressed concern ” regarding the conduct of the Executive Director, Maritime Labour and Cabotage Services . The issues include alleged persistent harassment and bullying along with significant delays and discrepancies in contractual negotiations.

AI’s three prayers are that

(i) An immediate investigation by a neutral body or officials of NIMASA or the Ministry into the conduct of the ED ML&CS with appropriate disciplinary measures if the allegations are sustained,

(ii) the prompt Settlement of the overdue invoices as per the original contract terms :

(iii) an assurance that all future interactions and negotiations will adhere strictly to the agreed terms to avoid any further disruptions …”

Our correspondent gathered that Mr Abba has since denied the allegations and ever bullying or seeking financial inducement from the vendors.

”If he has any evidence, let him come forward with such proof”, Abba was reported to have said.

He insisted that NIMASA had not breached any aspect of the MoU. He said as the ED overseeing the NSDP programs, he sited some discrepancies in the contract and promptly raised a red flag in his minute to the Agency’s Director General.