· Says, as at when arrested, ship didn’t lift any crude from Nigeria, but….
· 26 suspects risk life imprisonment
The trail of the 27 seafarers who were on board the Very Large Crude Carrier (VLCC); MT Heroic Idun that was arrested by the Nigerian Navy in August for alleged illegal conducts while in Nigeria territorial waters, is yet another test for the Suppression of Piracy and Other Maritime Offences (SPOMO) Act.
Just as it promised, the Navy last week arraigned 16 of the sailors who were detained on board the vessel after their arrest in Equatorial Guinea where the ship had escaped to from Nigeria.
The government of Equatorial Guinea had recently agreed to release the ship and its crew for trial in Nigeria.
In 2019, the Suppression of Piracy and Other Maritime Offences (SPOMO) Act came into law. The Act provides the legal teeth for the war against piracy in the Nigerian maritime environment. Since it was signed into law, the SPOMO Act has been very useful in the trial and eventual conviction of many pirates in Nigeria.
Ahead of the Heroic Idun sailors’ arraignment, the Navy however clarified that the controversial ship did not lift any crude oil from Nigeria as at the time she was accosted. The Navy added that, MT Heroic Idun nevertheless escaped arrest and interrogation in Nigeria, only to accuse Nigerian Navy of being pirates.
But, the handover of the ship to Nigerian officials was carried out in Equatorial Guinea on November 6, 2022 precisely, the vessel has since arrived in Nigeria.
The Naval Spokesman, Commodore Kayode Ayo-Vaughan, confirmed that two Nigerian Navy vessels escorted the ship back to Nigeria.
The Nigerian Navy had, in a fact sheet issued to the media, outlined potential charges to be preferred against owners of MT Heroic Idun and crew members.
They include: “Entering the restricted zone around an oil field without authorisation; Illegally attempting to load crude oil from Nigeria without appropriate documentation, which is tantamount to economic sabotage; falsely accusing a Nigerian Navy Ship of piracy on international maritime reporting platforms.
“It should be noted that she had communicated with the naval ship, and there was therefore no ambiguity about the identity of the NN Ship”, the Nigerian Navy affirmed.
They were arraigned last week and the four charges were read to them.
According to the Nigerian Navy, the super-tanker could be said to have committed the following offences against the Nigerian State:
Attempt to deal in export crude oil without license or authorization.
Entering the Restricted Zone around an Oilfield without authorization and thus violating Nigeria’s Exclusive Economic Zone regulations.
Falsely accusing a Nigerian Navy Ship of piracy on International Maritime Reporting Platforms after having communicated with the Nigerian Navy Ship without ambiguity about her identity therefore violating sections of the Suppression of Piracy and Other Maritime Offences (SPOMO)Act 2019.
Violation of all lawful instructions at sea from Maritime Law Authorities as well as Nigeria’s Miscellaneous Act and other associated national and international laws ascribed to by Nigeria.
Violation of Custom and Immigration Laws as acceded by Nigeria regarding the operations of Akpo Oil Terminal being an Oil installation in the Nigerian Exclusive Economic Zone.
The Navy recalled that the vessel entered Nigerian waters, specifically the Akpo Oilfield, deep offshore Bonny, a joint venture operated by Total Energies EP, to load crude oil at about midnight on August 7, 2022.
It said the vessel was duly accosted by a Nigerian Navy (NN) ship on patrol on August 8, 2022 (shortly after midnight) for not having due NNPC approval and naval clearance.
“It must be pointed out that at the time it was accosted, it had not lifted any crude oil from the oilfield, and it also subsequently did not lift any Nigerian oil. It however stands accused of breaking the laws of Nigeria in other ways.
“The vessel, following its initial encounter with the Nigerian law enforcement, subsequently sailed out of Nigeria’s waters towards the Nigeria-Sao Tome & Principe Joint Development Zone and into the Equatorial Guinea EEZ, seeking to flee. (The Captain of MT HEROIC IDUN would later claim he was told by the ship’s agent not to obey any directive from the Nigerian authorities).
“The vessel thereafter raised a false international piracy alarm of being under attack by the NN ship. It is instructive to note that this is the same ship MT HEROIC IDUN had earlier had contact with and communicated with, which she later referred to as a pirate ship.
The development is coming as 16 Indian sailors, who are part of a multinational crew of 26 sailors of the vessel, MT HEROIC IDUN, have appealed to the Indian Government to help them return home.
The wives of the crew members have also raised the alarm over the perceived threat to the lives of the Indian crew members in a Save Our Soul (SOS) letter to the Indian Government.
But the Nigerian Navy said it was aware of “international media campaigns being planned and executed and sponsored by the vessel’s owners/agents, in a bid to muddy the waters and to make false claims of human rights violations against the Nigerian government.”
Meanwhile, the Chief of Naval Staff (CNS); Vice Adm. Awwal Gambo, has urged Nigerians and the international community to disregard the false narrative on the interception of the vessel by the Navy.
Gambo made the appeal in Abuja while briefing newsmen on the circumstances surrounding the seizure of the vessel.
The CNS, represented by the Chief of Policy and Plans, Rear Adm. Saidu Garba, said that the vessel was intercepted on Aug. 7, with the support of the navy in Equatorial Guinea after violating Nigerian maritime environment.
“It was headed for Akpo Field without any form of authorisation or clearance”, he said, adding that after it was spotted the captain refused to heed to lawful order and attempted to escape.
“The vessel was therefore, ordered to turn around and follow NNS GONGOLA to Bonny anchorage pending when she will be cleared for loading by NNPC Ltd.
“However, she bluntly declined on the claims that she had been told by her agent not to take directives from the Nigerian Navy Ship.
“Thereafter, she engaged full speed southwards towards the Sao Tome and Principe maritime area in a bid to evade arrest.
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“Apart from refusing lawful arrest, the Captain of the vessel made a broadcast of false piracy attack call to International Maritime Bureau (IMB) Piracy Reporting Centre,“ Gambo added.
According to the CNS, Nigeria has to quickly counter the false pirate alert.
“Nigerian Navy also through international collaboration alerted relevant piracy reporting centres through CRESMAO and ECOWAS ZONE F Cotonou headed by NN officers for the alert to be cancelled immediately, which was done by IMB.
“Suffice to state that Nigeria has not recorded any piracy attack in its waters in over one year,“ he added.
Gambo emphasised that the mischievous act of the vessel was clearly aimed at tarnishing the good image Nigeria had worked very hard to achieve and sustain in its maritime domain.
“The Nigerian Navy, therefore, invoked the collaboration of neighbouring Equatorial Guinea through the Yaoundé Architecture to arrest the vessel.
“With the aid of the Nigerian Navy surveillance facility, the vessel was tracked and the Equatorial Guinea Amphibious Ship, CAPTAIN DAVID was therefore, vectored to intercept and arrest her at the Luba Anchorage in Bioko Island, Equatorial Guinea.”
Gambo said Nigeria had made formal request and was negotiating to get the vessel transferred from Equatorial Guinea to Nigeria.
He said that Nigeria would not be deterred by the attempt to use the social media to mislead the public on the matter.
The CNS urged well-meaning Nigerians and the international community to therefore disregard the false narrative peddled in the social media about the vessel.
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