$242m Petroleum Products Diversion Claim: UBA Secures Court Order Against Vitol, Four Others

A Lagos State High Court has granted interim preservative orders of Mareva Injunction against Vitol SA – a Switzerland based Energy Trading company, and four other shipping companies in favour of United Bank for Africa Plc.

The bank alleged Vitol of wrongful release of cargoes of petroleum products which were consigned to the order of United Bank for Africa Plc in the Bills of Lading.

Addressing the Court, Bode Olanipekun, SAN, lead counsel for United Bank for Africa, urged the Court to grant the interim preservative orders against Vitol and the other shippers.

In a ruling on the application, the presiding judge, Honourable Justice K. A. Jose (Mrs.) granted three prayers in UBA’s application, including requests to restrain the dissipation of assets and dealings with funds up to the disputed amount by Vitol S.A.

“Prayers 1–3 are granted as prayed against the 2nd Respondent only,” the judge ruled.

The application was brought pursuant to Order 43 Rule 1 of the High Court of Lagos State (Civil Procedure) Rules 2019 and the Lagos State High Court Practice Direction No. 2 of 2019.

UBA is seeking to contend in the substantive proceedings that Vitol SA and the owners of the vessels, are liable for alleged conversion, misrepresentation and negligence arising from the non-delivery of the petroleum products.

UBA also cited 34 financial institutions and public agencies, including commercial banks, merchant banks, microfinance banks, the Nigerian Ports Authority and the Nigeria Customs Service, in connection with the application.

In an affidavit supporting the application, UBA’s Group Head of Recoveries and Remedial Management, Anthony Chilaka, stated that the bank issued a letter of credit for the benefit of Vitol SA to facilitate a petroleum products transaction.

UBA alleged that the cargo was transported to Nigeria and that the vessels’ masters issued several bills of lading.

The bank further alleged that Vitol subsequently endorsed the bills of lading “to the order of” UBA and handed over the original copies to it.

UBA maintained that the endorsement entitled it to take possession of the cargo upon completion of the voyage.

However, Chilaka stated that the bank had not received the gasoil despite the completion of the voyage.

“The applicant has not been given possession of the gasoil despite completion of the voyage,” the affidavit stated.

UBA alleged that the cargo was instead, applied to the use of another party, contending that the respondents’ failure to deliver it amounted to conversion and negligence.

The bank argued that the respondents had obligations arising from the transaction and the endorsement of the shipping documents, which it claimed were not fulfilled.

The bank alleged that the cargoes associated with those transactions were also diverted to the use of other parties after their voyages, rather than delivered to UBA.

 

Hot this week

Top10 Magazine Names Umaru Kwairanga as Man of the Year 2026

Alhaji (Dr) Umaru Kwairanga, Group Chairman, Nigerian Exchange Group...

CBN Grants JPMorgan Approval-in-Principle to Establish Merchant Bank in Nigeria

The Central Bank of Nigeria (CBN) has granted Approval-in-Principle...

Cardoso Engages Business Leaders on Strengthening Nigeria–China Financial Corridor

The Central Bank of Nigeria (CBN) convened a high-level...

UBA Commences Contempt Proceedings Against WEMPCO Directors over Alleged Disobedience of Court Order

Mr. Lewis Tung and his brother, Robert Tung The Federal...

Heirs Insurance Group Wins Prestigious Financial Times–World Bank Group Africa Sustainable Futures Award

L-R: Chinwe Binitie, Co-Head of Partnerships, World Bank Group’s...

Topics

PenCom: Why Micro Pension Adoption is Slow in Nigeria

Mr. Dauda Ahmed, Head of Micro Pension at the...

NDIC Receives Award for Support to FICAN, Financial Journalism

L-R: NDIC's Director, Communication & Public Affairs, Mr. Bashir...

Zain Launches LTE Services in Sudan

Zain says that it has launched 4G LTE services...

NCC to Accelerate Deployment of Emerging Technologies

The Executive Vice Chairman (EVC) of the Nigerian Communications...

Nigeria Ranks 3rd in Mobile Malware Attacks in 2018

Four African countries made the list in terms of...

Ex-CBN Chief, Mailafia, WAIFEM DG for Business Journal 10th Anniversary Lecture

Dr. Obadiah Mailafia Former Deputy Governor Central Bank of Nigeria (CBN) Prof....

Nigeria: Smartphone Market Grew 2% Units, Declined 6.4% in Shipment

        Nigeria's smartphone market grew 2.0% in unit terms quarter...

African Capital Markets Facing Challenging Times Ahead

In line with global trends, 2015 was a challenging...