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Vessel Chartering in Nigeria: Critical Due Diligence That Shields Upstream Operations from Legal, Financial Risk

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Executive Summary

Vessel chartering in Nigeria carries significant hidden risks because a ship can be arrested in rem for debts or claims completely unknown to the charterer. These risks escalate when vessels are hired through agents who lack ownership, authority, or financial depth—leaving charterers exposed when encumbrances, litigation, or regulatory breaches surface mid-operation.

This article sets out a concise, practical roadmap for preventing vessel arrests and operational disruption. It highlights the essential due diligence steps—owner verification, registry and court searches, CAC checks, and P&I confirmation—and the contractual protections charterers must insist on, including tripartite CPAs, owner warranties, LOUs, agency disclosure, co-assured insurance status, escrow-based payments, and enforceable indemnities.

With disciplined due diligence and well-structured charter-party agreements, charterers can significantly reduce legal, financial, and reputational exposure in Nigeria’s maritime environment.

1. The Hidden Depths of Vessel Risk

Under Nigerian law, a vessel is treated as a separate legal entity that can be sued in rem, independently of its owner. Sections 2 and 5 of the Admiralty Jurisdiction Act (AJA) 1991 empower claimants to pursue the ship itself for maritime debts, even if the underlying debt arises from the owner’s financing arrangements. The Supreme Court in Owners of the M.V. Arabella v. NAIC affirmed that such claims attach to the vessel and survive changes in ownership or charter. Section 5(4) of the AJA further allows claims to extend to sister vessels owned by the same person or entity. The admiralty principle that a vessel is a juristic entity capable of being arrested in rem was also reaffirmed in The M.V. Lupex v. N.O.C.C., where the Supreme Court emphasized that maritime liens attach to the vessel itself and follow the ship irrespective of changes in possession or contractual arrangements.

In one case, a vessel that appeared “clean” on registry records was arrested after its owning company had granted an all-assets debenture to a financial institution, which by implication covered the vessel. The lender enforced its security interest under Sections 197 and 198 of the Companies and Allied Matters Act 2020 (CAMA) and Section 5(4) of AJA, leading to the vessel’s arrest at the instance of the creditor.

2. The Agent Problem: When You Hire Through Intermediaries

The common practice in Nigeria’s oil and gas industry is to hire vessels via licensed agents or logistics intermediaries rather than the registered owners. This commercial reality introduces layered risks:

• The Charter-Party Agreement (CPA) is often executed between the oil company (the Charterer/Hirer) and the agent.

• The vessel owner is neither a signatory nor a guarantor of the charter arrangement, yet the vessel is deployed.

• Warranties, indemnities, and termination rights under the CPA bind only the agent—often a thinly capitalized entity.

• The vessel owner enjoys the benefit of hire payments without assuming corresponding legal obligations.

When things go wrong—for example, when a creditor moves to arrest the ship—the charterer will discover it has no contractual leverage against the vessel owner. For arrest purposes, the law generally recognizes the vessel’s beneficial owner, rather than a mere agent or operator, although in cases of a demise charter, the charterer may also be treated as having sufficient control for in-rem (against the ship/vessel) enforcement.

3. The Ideal Safeguard: Tripartite Charter-Party Agreements

The most robust protection remains a tripartite CPA where the vessel owner, vessel agent, and charterer are all parties.

Under this structure:

i. The Vessel Owner warrants title, compliance, and absence of encumbrances.

ii. The vessel agent manages operations and logistics.

iii. The charterer gains direct contractual recourse against both.

Tripartite CPAs embody international best practice, which sets out standard procedures for vessel inspection, delivery, and acceptance, thereby providing a clear framework for allocating legal responsibility if the vessel is arrested or found defective.

However, vessel owners sometimes refuse to be a party to the CPA. When does that happen? The charterer is not without options.

4. Dealing with a Vessel Owner Who Opts Out of the CPA: Practical Alternatives

When a vessel owner insists on staying off the CPA, a combination of legal and commercial safeguards can achieve near-equivalent protection:

(a) Vessel Owner’s Letter of Undertaking (LOU).

The Charterer may require the Vessel Owner to issue an LOU, also called a side letter, to the charterer, confirming vessel ownership, authorizing the agent, and warranting that the vessel is free of encumbrances or pending claims. Under Order 8, Rule 2(2) of the Admiralty Jurisdiction Procedure Rules 2023, such security may take the form of a Protection & Indemnity (P&I) Club LOU from a member of the International Group of P&I Clubs, a bank guarantee from a Nigerian bank, or a bond from a reputable Nigerian insurance company. While widely accepted in maritime practice and enforceable as a contractual undertaking, LOUs remain contractual instruments, not proprietary rights over the vessel, so charterers and hirers should carefully review their terms before relying on them.

(b) Agency Disclosure and Indemnity Clause

The CPA should clearly state that the agent acts “as agent for a disclosed principal (the vessel owner)” and indemnify the charterer against loss from any misrepresentation. As a general rule, a contract made by an agent acting within the scope of his authority for his disclosed principal, in law, is the contract of the principal, and the principal, not the agent, is the person to sue or be sued upon the contract.

(c) Owner’s Power of Attorney or Authority Letter

A vessel owner may authorize an agent to negotiate and execute a Charter Party Agreement (CPA) via a Power of Attorney (POA), which should be notarized and deposited with the charterer before hire. Without proper authority, the CPA may not bind the owner. Nigerian law, including Section 16 of the AJA, recognizes agent authority and liability, highlighting the importance of verifying the scope of the POA.

(d) Insurance and Co-Assured Status

The charterer should insist on being noted as co-assured or loss payee under the vessel’s Protection & Indemnity (P&I) cover to ensure direct protection and access to insurance proceeds in the event of liabilities, accidents, or cargo loss arising during the charter. Thus, charterers should ensure they are designated as additional insureds under Rule 18 of the International Group of P&I Clubs Rules 2024 whenever they assume potential operational liabilities, to secure direct coverage under the vessel’s P&I policy. This ensures direct recovery rights if the vessel is detained or damaged.

(e) Escrow or Conditional Payment

Hire payments should be routed through an escrow account and released only upon documentary confirmation that the vessel holds a valid registry certificate, class certificate, P&I policy, or such other conditions or requirements as the parties may agree, ensuring the charterer’s risk is mitigated while guaranteeing the owner receives payment once compliance is verified. Such escrow arrangements are recognized under Nigerian contract law as conditional payment instruments.

(f) Performance Bonds or Bank Guarantees

The charterer should require the agent to post a performance bond or bank guarantee covering defaults or arrests traceable to the owner.

Each of these mechanisms—alone or in combination—bridges the liability gap in vessel hire arrangements or transactions between the charterer and the vessel’s agent when the owner declines direct participation.

5. Due Diligence Must Extend Beyond Vessel Records: Court and Registry Checks

Even with perfect paperwork, hidden litigation risks remain. While Section 251(1)(g) of the Constitution and Section 1 of the Admiralty Jurisdiction Act grant exclusive admiralty jurisdiction to the Federal High Court, suits are sometimes filed in State High Courts, generating disruptive injunctions before being struck out. In Bronwen Energy Trading Ltd v. Oan Overseas Agency Nigeria Ltd, the Court of Appeal warned that even interim orders from courts lacking proper admiralty jurisdiction may create operational disruption before they are set aside, reinforcing the need for proactive registry checks across jurisdictions.

The recent arrest of a crude-oil vessel by the Federal High Court in Port Harcourt under an ex parte motion (FHC/PH/CS/287/2024) (reported in Independent, Jan 12, 2025) underscores that checking official vessel ownership and encumbrance records alone is insufficient. Charterers and hirers must extend due diligence to court registries, including Federal and State High Courts with admiralty jurisdiction, corporate filings, and foreign-flag registries, to uncover pending claims or security filings that could trigger vessel arrests, blocked cargo, or operational delays, safeguarding both financial and reputational interests.

6. Translating Findings into Contractual Protection

Every due diligence result should feed into the CPA through clauses that allocate risk transparently: Key provisions include:

 Owner Warranties: The vessel and ownership are free from arrests, liens, or encumbrances.

 Disclosure Obligations: Immediate notice of new litigation, claims, or charges.

 Indemnities: The owner and agent indemnify the charterer for losses from undisclosed liabilities, including legal costs and cargo-related damages.

 Termination Rights: Triggered by vessel arrest, change of ownership, or regulatory breaches.

 Audit & Monitoring: Periodic verification of compliance during the hire.

 Jurisdiction Clause: Electing the Federal High Court (Admiralty Division) to preempt forum shopping and ensure enforceability.

Together, comprehensive due diligence and carefully drafted CPA clauses provide charterers and hirers with practical safeguards, minimizing operational disruption, financial loss, and reputational risk.

6. Closing Reflection

Every vessel charter is both a commercial voyage and a legal odyssey. The ocean may be unpredictable, but your compliance process must remain steady, deliberate, and unwavering. From years of working with vessel owners, charterers, P&I Clubs, and marine logistics operators, we have seen that most vessel-related disputes stem from simple but costly oversights—unclear authority, hidden beneficial ownership, unregistered corporate charges, and a dangerous reliance on agents with no financial depth.

 

 

 

A charterer who undertakes multilayered due diligence—offshore and onshore registry checks, court searches, CAC investigations, P&I verification, and strong contractual backstopping—rarely faces vessel arrest or cargo detention. Those who neglect these steps often learn, too late, that the calm before the storm was merely an illusion drawn on paper.

Written by Emeka Ogenyi (Lead Partner – ThinkField Law), Email: meogenyi@gmail.com,  https://www.linkedin.com/in/

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About ThinkField Law

At ThinkField Law, we help clients in Nigeria’s energy and maritime sectors by providing due diligence, risk allocation, and dispute resolution services. We guide clients in developing, drafting, and reviewing charterparty agreements (CPAs) and related contracts, ensuring clear allocation of liability, effective risk mitigation, and full regulatory compliance. We also assist clients in navigating complex vessel hire and cargo operations, managing disputes, and enforcing their rights efficiently.

As a boutique, full-service law firm, we provide strategic legal counsel across corporate and commercial law, dispute resolution, regulatory compliance, energy, real estate, and emerging sectors such as fintech and intellectual property. We serve as trusted advisors to business leaders, investors, and innovators, delivering discreet, high-level solutions grounded in deep sector expertise and uncompromising legal excellence.

Address(s):

Abuja – 3rd Floor, Hajjar’s Place, Plot 1349, Ahmadu Bello Way, Garki II, Abuja, Nigeria.

Lagos—3C Obadeyi Close, Off St. Gregory Road, Ikoyi, Lagos, Nigeria.

USA – 801 The Heights Drive, Fort Worth, Texas 76112, +234 701 401 9208 | Info.thinkfieldlaw@gmail.com, https://www.linkedin.com/in/

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Disclaimer:

This article is for general informational purposes only and should not be construed as legal advice. Entities are advised to seek specific legal counsel before acting on any information contained herein.

BBNaija Star Queen’s Marriage crashes just one year after luxury Wedding

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Big Brother Naija star, Queen Atang, has officially confirmed that her one-year marriage to David Oyekanmi has ended.

Queen, who married Oyekanmi in March 2024 following a public dispute with her baby’s father, skit maker Lord Lamba, had earlier sparked speculation about trouble in her marriage after unfollowing her husband on Instagram and deleting their wedding photos.

At the time, she dismissed the rumours, explaining that she only wanted to keep her marriage off social media.

However, the reality star has now publicly acknowledged the separation.

While responding to a fan under a new photo she shared from actress Mercy Aigbe’s mother’s burial, a follower asked if she was still married, noting her beauty.

Queen replied simply: “Single and unavailable.”

Recall that recently comedian, Chukwuemeka Ejekwu, more popular as Sabinus also confirmed that his marriage has crashed.

Again bandits abduct farmer after deadly attack in Kwara

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Armed bandits have reportedly abducted a farmer in the Ifelodun Local Government Area of Kwara State, marking yet another security incident in the region.

The attack occurred on Wednesday around 6:00 p.m. when Mallam Garba and his son, Bala, residents of Ungwan Kambari Ologede in the Idofin Odo-Ashe area, were ambushed while returning from their farm. According to security sources, Bala managed to escape, but his father was taken away by the attackers.

The location of the incident is near Babanla, where a military base is situated.

In a separate incident, a group transporting a snakebite patient for treatment was reportedly attacked by bandits but narrowly escaped unharmed.

Security reports indicate that the bandits have regrouped in an area known as Sabon Gari on Ahun land in Ifelodun LGA. The armed group was allegedly sighted two days earlier riding nearly 300 motorcycles and heading toward Eruku in the Ekiti Local Government Area.

Efforts to reach security agencies in the state for comments were unsuccessful as of the time of filing this report.

Recent weeks have seen a series of bandit attacks across Kwara State, raising concerns among residents and authorities.

Rare earthquake hits north-west England affecting thousands 

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A 3.3-magnitude earthquake rattled parts of north-west England late Wednesday, jolting residents from sleep across Lancashire and the southern Lake District.
The tremor, which occurred shortly after 11:23 pm, was detected in several communities including Kendal and Ulverston.
According to seismologists, the epicentre was located just off the Silverdale coastline in Lancashire at a shallow depth of approximately 1.86 miles.
Residents described the brief quake as resembling a powerful underground blast, with some reporting that their homes shook forcefully enough to suggest a heavy object had crashed nearby.
More than 1,100 people filed reports on a quake-monitoring platform, most describing the vibrations as light or weak.
Emergency services confirmed receiving multiple calls from concerned residents who heard a loud bang or felt tremors, particularly around Carnforth, about 18 miles north of Lancaster.
Authorities said there were no injuries or structural damage, but police, fire, and ambulance units remain on standby as a precaution.
The British Geological Survey, BGS, noted that while the UK records between 200 and 300 earthquakes annually, only around 20 to 30 are typically strong enough for the public to feel.
The majority of seismic activity is detectable only through monitoring equipment.

Nnamdi Kanu: Real reason I visited Tinubu- Gov Alex Otti

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Abia State Governor, Alex Otti, has clarified that his recent visit to President Bola Tinubu was strictly to discuss issues concerning the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.

Otti, through his Special Adviser on Media and Publicity, Ferdinand Ekeoma, dismissed claims by a former Commissioner for Local Government and Chieftaincy Affairs, Charles Ogbonnaya, who alleged that the governor met with Tinubu to perfect plans to defect to the All Progressives Congress (APC) ahead of the 2027 elections.

Ekeoma explained that Otti’s meeting with the President came shortly after he visited Kanu at the Sokoto Custodial Centre on Sunday, November 30, 2025.

He noted that the visit was part of ongoing engagements the governor has held with the Federal Government over the past two years regarding Kanu’s case.

“The issue of Kanu was the only subject matter that took Governor Otti to Aso Rock. To the glory of God, the meeting was positive and fruitful, as the President was gracious and receptive,” the statement reads.

Governor Otti’s recent engagement with Kanu followed the IPOB leader’s sentencing to life imprisonment by Justice James Omotosho of the Federal High Court in Abuja.

FLASHBACK: How U.S. woman accused Reno Omokri of using her son’s name for forgery

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A United States woman living in California Deborah Campbell had in 2014, accused Reno Omokri, President Bola Tinubu’s ambassadorial nominee of identity theft.

The woman disclosed that she reported Reno Omokri to the US authorities for identity theft.

Ms. Campbell alleged that Mr. Omokri used her son’s name to engage in forgery.

In telephone calls as well as emails to SaharaReporters, Ms. Campbell said she was determined to clear her son’s name and get Mr. Omokri punished for his alleged crime.

She said she was appalled that Mr. Omokri used her son’s name, Wendell Simlin, to create a Facebook page.

Ms. Campbell added that the president’s aide proceeded to use her son’s identity to create a fake document that sought to link Nigeria’s former Central Bank Governor, Sanusi Lamido Sanusi, to terrorism.

Mr. Omokri, who claims to be a pastor, is President Jonathan’s main point man on the social media circuit.

The son of a deceased Nigerian appeal court justice, Mr. Omokri notorious for creating fake social media accounts to burnish President Jonathan’s image and demonize opposition politicians.

An investigation by SaharaReporters revealed that the real Wendell Simlin lives in Hercules, California.

Ms. Campbell claimed that she is married to Omokri’s brother-in-law, adding that the presidential aide had exploited the relationship for criminal purposes.

EPL: Chelsea Fall to Leeds as Liverpool Fight Back for Draw Against Sunderland

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Chelsea suffered a 3-1 defeat to Leeds United, while Liverpool had to rally from behind to secure a 1-1 draw with Sunderland at Anfield in their Wednesday English Premier League fixture.

Details later!

Well-Earned Stars: Years of Silent Service Propel Meteke into the Elite Admirals’ League

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In the tradition-bound world of the Nigerian Navy, stars are not handed out for visibility or noise. They are earned—painstakingly, quietly, and over decades of sacrifice. The elevation of Rear Admiral Patrick Emuebie Meteke into the elite Admirals’ League stands as a compelling testament to discipline, professionalism, and unwavering service to the nation.

Rear Admiral Meteke was among 15 senior commodores promoted to the prestigious rank of rear admiral in a major promotion exercise that saw 127 senior officers advance across various ranks. The promotion, approved by the Naval High Command, came with a familiar but weighty charge: that those elevated must rededicate themselves to duty, leadership, and the defense of Nigeria’s maritime domain. Within the service, his emergence on the list was widely regarded as the natural outcome of a long and carefully built career.

Born on 27 May 1972 in Emuhu, a community near Agbor in the Ika South Local Government Area of Delta State, Patrick Meteke’s journey into naval service began in 1991 when he was admitted into the prestigious Nigerian Defence Academy (NDA), Kaduna, as a member of the 43 Regular Combatant Course. He graduated with a bachelor’s degree in biological sciences and was commissioned as a sub-lieutenant in 1996, formally entering a profession that would define his life of service.

From the outset, his career followed the classic naval path of sea exposure and specialization. He served as a midshipman and watchkeeping officer onboard NNS ARADU, Nigeria’s flagship, as well as NNS OFIOM and NNS AMBE, including deployments to Liberia and Sierra Leone during critical regional security operations. These early sea postings provided the operational grounding that shaped his understanding of maritime warfare, discipline at sea, and command responsibility.

As his career progressed, Meteke took on increasingly sensitive security and intelligence roles. He served as a security officer onboard NNS UMALOKUN (now NNS DELTA) at Naval Base Warri and later as a missile gunnery officer onboard NNS ERINOMI, combining technical competence with combat readiness. He also worked as a Base Intelligence Officer across key naval establishments, including NNS AKASO, NNS QUORRA, and NNS BEECROFT, positions that demanded discretion, analytical clarity, and operational foresight.

His command and leadership credentials were further solidified through appointments as Command Intelligence Officer at the Naval Training Command and the Western Naval Command, where he played a pivotal role in intelligence coordination and training support. He later served as Base Gunnery Officer onboard NNS PATHFINDER and went on to command frontline units as Commanding Officer of NNS BRASS and NNS EKUN, positions that placed him directly in charge of personnel, platforms, and operational outcomes.

At the operational-theater level, Rear Admiral Meteke served as Deputy Maritime Component Commander and Sector Commander of Joint Task Force Operation ZAMAN LAFIYA in Maiduguri, contributing to joint military efforts against insurgency and asymmetric threats. He also distinguished himself as Maritime Component Commander, Operation DELTA SAFE in Yenagoa, a critical operation central to the protection of Nigeria’s oil and gas infrastructure in the Niger Delta.

On the strategic and intelligence front, his career featured prominently at the highest levels of defense planning and coordination. He served as Assistant Director of Operations and later Deputy Director of Strategy at the Directorate of Naval Intelligence, Naval Headquarters. At the Defence Intelligence Agency (DIA), Abuja, he held key roles as Assistant Director of Security and Deputy Director of Foreign Liaison, engaging in inter-agency and international intelligence cooperation. His appointment as Commandant, Nigerian Navy Intelligence School, further underscored the trust placed in his experience to shape intelligence capacity within the service.

Rear Admiral Meteke’s professional development mirrors the seriousness of his assignments. He attended numerous local and international courses, including the Sub-Technical Course at NNS QUORRA (1997–1998), Junior Staff Course at AFCSC Jaji (2003), Defence Intelligence Officers Course (2006), Senior Staff Course (2008), Intelligence Analysis Course, Remote Sensor Course, Human Intelligence Course under US-AFRICOM (2013), National Security Course at Galilee International Management Institute, Israel (2015), and the prestigious National Defence College, Abuja (2018). Academically, he earned a postgraduate degree in conflict management and resolution from Obafemi Awolowo University, Ile-Ife (2016), and a Master of Science degree in strategic studies from the University of Ibadan (2020).

He is currently serving as Rear Admiral Superintendent, Naval Ordnance Depot, Lagos, a critical logistics and combat-support command central to naval operational readiness.

Beyond rank and appointment, Rear Admiral Meteke’s promotion resonates beyond the Navy. It reinforces public confidence that the institution continues to reward competence, experience, and loyalty. For younger officers, his progression offers a clear lesson: that discipline, continuous learning, and patient service still chart the surest path to the top.

As he joins the Admirals’ League, the responsibility on his shoulders widens—from command at sea to shaping strategy, policy, and force readiness at the highest level. His stars, earned through decades of service across sea, intelligence, command, and strategy, symbolize not only personal achievement but also the Nigerian Navy’s enduring belief in merit and professionalism.

Away from duty, the senior officer is known for his reflective interests in writing, gardening, sports, and documentaries—pursuits that mirror a disciplined mind shaped by years of command and contemplation.

In elevating Rear Admiral Patrick Emuebie Meteke, the Nigerian Navy affirms a timeless truth: that excellence is built quietly, leadership is forged over time, and service to the nation remains the highest honor a uniformed officer can wear.

Genocide: US announces new visa restriction policy for nationals, govt officials in Nigeria, other countries

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The United States government has unveiled a new policy aimed at holding accountable individuals involved in mass killings and violent attacks against Christians and other religious groups in Nigeria and across the globe.

In a statement released to Nigerian Newssphere by the State Department on Wednesday, the measures—implemented under Section 212(a)(3)(C) of the Immigration and Nationality Act—empower Washington to restrict visa issuance to anyone who has directed, authorized, supported, participated in, or carried out violations of religious freedom.

 

The policy directive noted that restrictions may also extend to the immediate family members of such individuals.

 

The policy comes amid ongoing violence linked to radical Islamic terror groups, Fulani militias, and other non-state actors accused of targeting Christian communities and engaging in widespread human rights abuses in Nigeria.

 

President Donald Trump emphasized the administration’s stance, saying the United States “cannot stand by while such atrocities are happening in Nigeria and numerous other countries.”

 

The new directive is expected to apply to individuals and government actors in Nigeria as well as in any other country where violations of religious freedom are documented, marking a significant escalation in US pressure against perpetrators of religious persecution.

 

 

This comes weeks after Trump designated Nigeria as a Country of Particular Concern over rising insecurity.

Nigerian Newssphere reports that mass abduction and killings have surged across Nigeria in the past weeks.

Meanwhile, President Bola Ahmed Tinubu, in a step to end the menace, declared an emergency on insecurity.

Barely a day ago, Nigeria’s Defence Minister Badaru Abubakar resigned as Tinubu nominated former Chief of Defence Staff, General Christopher Musa, as his replacement.

Natasha at risk- 2Baba calls for ceasefire amid marital crisis

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Nigerian music icon Innocent “2Baba” Idibia has appealed for calm, warning that the rumours and online reactions surrounding the reported crisis in his marriage are putting his wife, Natasha Osawaru, in danger.

 

This comes after the Edo State House of Assembly on Tuesday summoned Osawaru — the lawmaker representing Egor constituency — to appear before its ethics and privileges committee over her conduct in a set of viral videos. She has been given one week to respond to the concerns raised.

The controversy stems from an Instagram Live session hosted by broadcaster Daddy Freeze, during which Osawaru and 2Baba were seen engaging in a tense exchange. The situation escalated further when the singer’s former managers, Kaka Igbokwe and Lori Tosan, joined the stream and discussed his arrest in London earlier this year.

Addressing the matter in a video posted on his Facebook fan page on Wednesday, 2Baba urged supporters and the public to de-escalate tensions, assuring that the issues would be resolved privately.

“This is getting out of hand and it’s a dangerous situation right now,” he said. “I know what fans can do, I know what people can do. I am perfectly okay. This is putting Natasha at risk. It’s not fair for anybody to do this kind of thing. I need everybody to calm down, I need everybody to ceasefire. We are going to resolve all these issues — people don get issues for house, no be today.”

 

Watch video on Facebook:

(https://www.facebook.com/share/r/1EhUoQVHc

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