The epic battle over the real exclusivity of globally recognised maritime boundaries called Exclusive Economic Zones (EEZs), which has pitched the Nigerian Government against owners and charterers of an oil tanker MT Anuket, and for which 14 foreigners and the ship are being detained resumes this week at a Federal High Court in Lagos.
The epic battle over the real exclusivity of globally recognised maritime boundaries called Exclusive Economic Zones (EEZs), which has pitched the Nigerian Government against owners and charterers of an oil tanker MT Anuket, and for which 14 foreigners and the ship are being detained resumes this week at a Federal High Court in Lagos.
However, ahead of their trial which resumes this Wednesday, charterers of MT Anuket, Danish bunker company; Monjasa Holding Emerald, as well as UK-based Glencore Energy have denied any wrong doing in the celebrated case in which 14 foreigners from four different countries have been arraigned before the Court in Lagos, on four count criminal charge of conspiracy, unlawful dealing in petroleum products and storing petroleum products without lawful authority.
Monjasa is the biggest bunker supplier off the coast of West Africa, with a total 17 vessels operating in the region.
The suspects included: three Russians (Pakhladzhian Artur, Kretov Andrey, Shkundich Vasily); three Ukrainians ( Laguta Oleksiy, Chepikov Oleksandr, Bilous Vitalli); Eight Filipinos ( Cadavis Gerardo, Baduria Benjamin, Regidor Hilarion, Naranjo Allan Antero,Patero Christian, Alkyde Joel, Caratiquit Micheal Bryan, Ciudad Prudencio, Cabanal Anecito, Cabuquin Andres, Podutan Eduardo) and one Georgian – Agbarian Sergoand.
Arraigned along with them are: the ship MT Anuket Emerald, Monjasa DMCC, and Glencore Energy UK Limited.
Details of the incident leading to the arrest as sighted by our correspondent last week indicated that: “The ship MT Anuket Emerald was boarded by the Nigerian navy on a routine patrol in Nigerian waters on March 8th this year, suspected of illegal oil trading. The tanker vessel was subsequently handed over to authorities.
Security investigations also showed that the registered owner of the ship is company Combe Shipping Limited, with Alliance Tankers Incorporated serving as co-owner. It later turned out that the Panama-flagged tanker vessel with IMO registration number 9393644 was leased by Monjasa DMCC in Dubai.
Apparently determined to challenge Nigeria Navy’s claim to the EEZ and the grounds for arrest, Anders Østergaard of Monjasa Holding Emerald said last week that: "The important thing for me is to stress that there is nothing to this. Our ship was boarded by the Nigerian navy as they wanted to see whether we were carrying Nigerian crude oil on board. All cargo is tested and the results confirm that the oil is, firs of all, not crude, but fuel and diesel oil (bunkers), and that the oil is not Nigerian".
The Nigerian Navy had while arresting the ship and the 14 crew accuse Danish bunker company Monjasa and seafarers of engaging in illegal bunker oil trading due to missing or insufficient permits, according to an indictment published Wednesday alongside the arraignment of the suspects in front of a judge in Lagos, Nigeria.
But, investigations also revealed that, earlier this year, another Monjasa tanker vessel was arrested for months by authorities in Angola.
The Angolan authorities arrested vessel M/T San Padre Pio on January 21st for having transferred fuel to another ship 40 nautical miles off of Angola's coast. Bunker deliveries are, according to Angolan authorities, not allowed within the 200 nautical mile limit off the Angolan coast.
While confirming the Angola encounter Anders Østergaard acknowledged that Monjasa had to pay USD 40,000 for the release of the ship.
"Unfortunately the authorities (in Nigeria) are now trying to charge us with operating in Nigerian territory without permission, even though the ship was beyond the 12 nautical mile radius, thus located in international waters (EEZ). But this case, along with the recent one in Angola, unfortunately illustrates clearly that several sovereign states are trying to claim rights to the EEZ zone," explains Anders Østergaard, adding that ships, crew and cargo are of course insured.
"Right now this is just a matter of getting our ship and crew out sailing safely again. And of course I should mention that ship owner and forwarder, as well as our respective P&I clubs, are on the same side in this event."
The Nigerian Navy Ship Beecroft intercepted MT Anuket during a routine patrol within Nigerian waters on March 8, 2015 on suspicion of illegal oil dealing before handing over the vessel and it crew to the EFCC. Investigation by the EFCC revealed that the registered owner of the vessel is Combe Shipping Limited and the beneficial owner is Alliance Tankers Incorporated and that the ship flies Panama Flag with IMO number 9393644.
Discussion about this post