As the battle against illegal crude oil theft and export intensifies, the Federal Government has scored a major point with the arrest, repatriation, and arraignment of the Very Large Crude Carrier, (VLCC) MT Heroic Idun suspected of being involved in the illicit activity in Nigeria.
Following their arrest, the ship’s 26-man crew, made up of Indian, Sri Lankan, Filipino, Brazilian, and Polish nationals were arraigned at the Federal High court in Port Harcourt the Rivers State capital on Monday.
Their offences according to the charge sheet, include “conspiracy to commit a maritime offence and thereby committed an offence contrary to section 10 of the Suppression of Piracy and Other Maritime Offences Act, 2019 and punishable under section 12 of the same Act.
Prosecuting on behalf of the Federal Government, the Ministry of Defence arraigned the crew on a three-count charge bordering on false pretense, attempted crude oil theft, and piracy among others.
But, pleading his innocence to journalists, the captain of the vessel; Tanuj Mehta who is an Indian, claimed that he and his crew were merely following his superiors’ orders even as he refers to his vessel’s encounter with the Nigerian Navy as a misunderstanding.
He said, “We came into Nigeria on 8 August. We had some misunderstandings relating to our documents which were supposed to be filed by the ship’s agent.
“In the night, we had an incident with a vessel which we didn’t know at the time as the Nigerian Navy. As a company, we managed to take all actions as advised by our higher authorities.”
Tanuju admitted that they were first arrested by the Equatorial Guinea Navy Ship.
“We arrived Equatorial Guinea and were there until we were handed over to the Nigerian Navy,” he added.
Sixteen of the crew members were present in court, while10 were left aboard the vessel which is anchored off the coast of Bonny Island, upon arrival in Nigeria.
Putting in appearances were, Udoka Ezeobi for the defendants and Adewumi Aluko for the prosecution.
The trial judge Turaki Mohammed ordered that they be remanded in the custody of the Navy aboard the vessel before adjourning the case to Tuesday, November 15, 2022 to enable the other 10 members have their pleas taken.
The Heroic Idun’s multinational crew have had a difficult ordeal since they fled a suspected pirate vessel at the Akpo offshore terminal. On August 8, the tanker arrived to take on a cargo from the terminal’s loading buoy, but they were approached and pursued by the Nigerian Navy vessel Gongola. The Heroic Idun departed the scene and reported an attempted act of piracy to the IMB ICC Piracy Reporting Centre.
The Nigeria’s navy contends that Heroic Idun’s crew communicated with the Gongola and must have known that the warship was not that kind of pirate vessel.
“Whilst waiting for the necessary clearance papers after having tendered notice of readiness in line with voyage orders received from charterers, the Nigerian Navy approached the vessel under cover of darkness in a way that caused serious concerns,” ship manager OSM reported.
Invoking the Yaounde Architecture for counterpiracy cooperation, Nigeria asked Equatorial Guinea to intercept the Heroic Idun and order the tanker to an anchorage. The VLCC was captured by Guinean forces on August 12 and held through November 10, with the crew reportedly enduring cramped conditions in detention on shore.
“The seafarers have been treated as criminals, without any formal charges or legal process for close to three months, it is nothing short of a shocking maritime injustice,” commented OSM Group CEO Finn Amund Norbye last week.
Despite paying a substantial “fine” to the government of Equatorial Guinea, the owners were not able to get the Heroic Idun or her crew released. Ultimately, Guinean security chief Teddy Nguema announced that he had “authorized the delivery” of the tanker to the Nigerian government.
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In a last-ditch attempt to prevent the tanker’s extradition, the shipowner asked the engine OEM to remotely disable the main engine. However, upon realizing that the vessel’s captors might attempt a risky tow, the owners relented and allowed the vessel to proceed under her own power.
In India, rallies and vigils have been held for the tanker’s crewmembers, reflecting a broad sense that their detention is unjust.
The Nigerian Navy has dismissed the crew’s humanitarian appeal as an example 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.”
The navy – which has its own history of unauthorized oil export – has released a list of potential charges against the crew. These include “entering the restricted zone around an oil field without authorization; illegally attempting to load crude oil from Nigeria without appropriate documentation, which is tantamount to economic sabotage; [and] falsely accusing a Nigerian Navy ship of piracy on international maritime reporting platforms.”
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