shippingposition
  • Home
  • News
  • Editorial
    • Vox Pop
  • Maritime safety
  • Oil and Gas
  • Personality
  • Health
No Result
View All Result
shippingposition

Home » Maritime Lawyers Knock SPOMO Act, Say Law Lacks Clarity On Roles, Responsibilities Of Enforcement

Maritime Lawyers Knock SPOMO Act, Say Law Lacks Clarity On Roles, Responsibilities Of Enforcement

by Joshua
June 7, 2021
in Featured

Maritime lawyers have scored the Suppression of Piracy and Other Maritime Offences (SPOMO) Actlow, and said that it has been less effective in the attempt to reduce piracy on the nation’s waters and the entire Gulf of Guinea.

The SPOMO Act was signed into law in 2019 by President Muhammadu Buhari, with the aim of reducing piracy in the nation and the entire Gulf of Guinea.

However, two years down the line, maritime lawyers and industry stakeholders have described the law as being of minimal effect in the fight against piracy.

The legal experts observed that although the Act is a good initiative as Nigeria remains the first country in West Africa to have its own law on combating Piracy, but they said the Act lacks clarity on roles and responsibilities of enforcement agencies.

They also noted that there are other loopholes and that it is also riddled with grammatical errors.

Foremost maritime lawyer, Jean Chiazor Anishere (SAN) who highlighted the challenges of the Act also noted that lack of clarity on the roles and responsibilities of the enforcement is an oversight that may deepen inter-agency rivalry.

Read Also:  FRONT PAGE COMMENT: ANLCA: Can The Gladiators Consider This

She also informed that the Act does not take into cognizance, that safety of the Gulf of Guinea is a collective effort and thus regional cooperation among Gulf of Guinea countries in the prosecution of offenders, will be most welcome.

According to her, “the Suppression of Piracy and Other Maritime Related Offences (SPOMO) Act, Is indeed a good step and initiative as Nigeria remains the first country in the west African coast to have her our own law on combating Piracy

“The challenges are grammatical errors that have been noticed in the Act e.g The very beginning of the Act: Explanatory Memorandum, erroneously makes reference to the word ‘privacy’, instead of ‘piracy’. To wit: “This Act provides for the Suppression of ‘Privacy’ and other Maritime Offences, gives effect to the provision of the United Nations Convention on the Law of the Sea (UNCLOS), 1982 the convention for the suppression of unlawful acts against the safety of Maritime Navigation (SUA) 1988 and its Protocols.”. “Of course one can imagine the drafting error and the interpretation disaster this will amount to”, she stressed.

“Another critic of the SPOMO Act is its lack of clarity on the roles and responsibilities of the enforcement agency. For example, Section 17(3) says: ‘law enforcement and security agencies’ will be responsible for gathering intelligence, patrolling waters and investigating offences’. But she said the law isn’t specific on which law enforcement agencies are responsible for these functions – an oversight that may deepen inter-agency rivalry”.

Citing a specific case, she said: “The Federal High Court (FHC) in Port Harcourt on August 10, 2020 convicted three of the nine accused persons who on March 21, 2020, hijacked an Equatorial Guinea flagged vessel, the MV ELOBEY VI, off the Coast of Equatorial Guinea. This is the first conviction under the Suppression of Piracy and Other Maritime Offences (SPOMO) Act. The convicts Binaebi Johnson, Daniel Lemmar and Ghane Gordon pleaded guilty to counts 1 and 2 and not guilty to counts 3 – 5 of the charges against them.

“The Court convicted the three accused persons on counts 1 and 2 and imposed a fine of N10 million each for each of the counts. Well as this is a good gesture, the maritime stakeholders are of the opinion that since Sec. 12 of the Act provides for a maximum sentence of life imprisonment and a maximum fine of N50Million, as deterrence, a steeper sentence would have been in order, to prove a zero tolerance to Piracy and other related offences”, she said.

“The Act does not seem to take into cognizance, that safety of the Gulf of Guinea is a collective effort and thus regional cooperation amongst countries in the prosecution of offenders, will be most welcome” she noted.

On whether the Act has helped reduced piracy in the Gulf of Guinea, she informed that it has sent a clear message to perpetrators, especially the Gulf of Guinea

“To say the Act has not helped to reduce piracy will not be correct, although more could be done; but what cannot be disputed, is that the SPOMO Act has sent a clear message to perpetrators plaguing the sea, especially the Gulf of Guinea, that it is no more business as usual”

“In my opinion, we still have a long way to go, good enough is the seminars and colloquiums organized by Nigerian Institute of Advanced Legal Studies (NIALS) and the Nigerian Maritime Administration and Safety Agency (NIMASA), which will help to reduce the lacunae and the bottlenecks in the execution of the Act, and in the prosecution of pirates within our territorial waters. As the saying goes: “Rome was not built in a day”, she stated.

Also speaking to our correspondent, another maritime lawyer; Mr Emeka Akabogu, stated that the efficacy of the SPOMO Act is subject to creation of an effective supporting framework for its implementation and the actual implementation by those responsible.

He noted that adequate patrol of the waters, up-to-date communication systems together with a well-trained and responsive team of enforcement officers are necessary to make the SPOMO Act effective. He also added that, the judiciary and the bar should also be regularly sensitized as to their roles.

In his words: “It is too early to make the call as to whether the SPOMO Act has been effective. The efficacy of the SPOMO Act is subject to two important conditions: first, creation of an effective supporting framework for its implementation; and secondly, actual implementation by those responsible.

“With regard to the former, Part 3 of the Act which deals with incident reporting and coordination of maritime activities is at the heart of the success or failure of the Act – adequate patrols of the waters, up-to-date communication systems together with a well-trained and responsive team of enforcement officers. Achieving this is subject to availability of necessary assets, proper governance and a honed work ethic. The extent to which the avowed ‘Deep-Blue Project’ will provide these, remains to be seen, but it is crucial that support assets are available, readily deployed and sustainably managed. This is the framework that needs to exist for effective implementation.

“With regard to the latter condition, assuming that the former is in place, all that is needed is the will and consistency of effort. In addition, the judiciary and the bar should also be regularly sensitised as to their role

“Crucially, the implementing agency needs to do its part. For instance, the Minister is to issue regulations under the Act to facilitate implementation, which I am not aware has been done. The SPOMO Act still needs some time for its efficacy to be tested with the identified conditions in place” he asserted”.


Tags: FGSocietyStakeholders

Related Posts

Clarion Shipping Unveils Nigeria’s First Indigenous Container Vessel, Targets West African, China-Nigeria Trade Routes

Clarion Shipping Unveils Nigeria’s First Indigenous Container Vessel, Targets West African, China-Nigeria Trade Routes

July 3, 2025
Customs Intercepts 111 African Parrots, Illicit Drugs In Adamawa

Customs Intercepts 111 African Parrots, Illicit Drugs In Adamawa

July 3, 2025
Oyetola Inaugurates NIWA Governing Board, Charges Members on Discipline, Development

Oyetola Inaugurates NIWA Governing Board, Charges Members on Discipline, Development

July 3, 2025
WCO: Centre Says Adeniyi’s Leadership‘ll Deepen Nigeria Customs’ Global Collaboration

WCO: Centre Says Adeniyi’s Leadership‘ll Deepen Nigeria Customs’ Global Collaboration

July 3, 2025

Discussion about this post

Latest News

Clarion Shipping Unveils Nigeria’s First Indigenous Container Vessel, Targets West African, China-Nigeria Trade Routes

Clarion Shipping Unveils Nigeria’s First Indigenous Container Vessel, Targets West African, China-Nigeria Trade Routes

July 3, 2025

Customs Intercepts 111 African Parrots, Illicit Drugs In Adamawa

Oyetola Inaugurates NIWA Governing Board, Charges Members on Discipline, Development

WCO: Centre Says Adeniyi’s Leadership‘ll Deepen Nigeria Customs’ Global Collaboration

WCO: FRSC Corps Marshal Congratulates Comptroller General Of Customs On Election As Chairperson

NESREA Hails Customs Boss On Election As WCO Council Chairperson

Reps Begin Plans To Revive Baro Inland Port

BREAKING: Oyetola Inaugurates NIMASA Governing Board, Charges Members on Strategic Oversight

Apapa Customs Boss Breaks Bottlenecks: ANLCA Chairman Hails Reduction of Checkpoints, Demands More Reforms

Succession Planning: Shippers’ Council Launches Training Programme for Mid-Level Officers

SEREC Outlines Key Benefits, Strategic Advice for CGC Adeniyi on His Appointment as WCO Council Chair

MWUN, Melsmore Marine Meet To Resolve Workers’ Welfare Issues

kindly like our Facebook page

Health

Contraceptive Pills Can’t Cause Cervical Cancer – Expert
Health

Contraceptive Pills Can’t Cause Cervical Cancer – Expert

June 30, 2025

Mrs Roseline Akinlabi, Adolescent and Youth Sexual Reproductive Health Desk Officer, Osun Primary Healthcare Board, says contraceptive pills cannot cause...

ONIONS: The Good Old Healing Vegetable

KNOW YOUR BODY PARTS: The Liver The liver is a vital organ located in the right upper abdomen, playing a crucial role in metabolism, detoxification, and digestion. It’s the largest solid organ in the body and is responsible for filtering blood, maintaining blood sugar levels, regulating clotting, and synthesizing essential proteins. The liver also stores energy, removes toxins, and produces bile, which aids in digestion Liver functions: · Metabolism and Detoxification: The liver processes nutrients from the blood, breaks down and balances them, and creates essential substances for the body. It detoxifies harmful substances like drugs and alcohol, converting them into less toxic forms for excretion. The liver plays a role in the metabolism of proteins, carbohydrates, and fats. It stores glycogen (a form of glucose) and vitamins, releasing them when the body needs them. · Digestion: The liver produces bile, which is stored in the gallbladder and released into the small intestine to help digest fats. Bile also helps in the absorption of fat-soluble vitamins. · Blood Regulation: The liver regulates blood sugar levels by storing and releasing glucose. It synthesizes clotting factors, which are essential for blood clotting. It removes old red blood cells and processes bilirubin, a byproduct of red blood cell breakdown. · Other Functions: The liver plays a role in immunity, helping to fight off infections. It produces proteins that are involved in the immune response. The liver also stores iron and other essential minerals. Frequently Asked Questions About The Liver · What are the first signs of a bad liver? The initial signs of liver problems can be vague and subtle, often including fatigue, nausea, and loss of appetite. As the liver’s condition worsens, more specific symptoms may emerge, such as jaundice (yellowing of the skin and eyes), itchy skin, dark urine, and light-colored stools. Abdominal pain, especially in the upper right quadrant, can also indicate liver issues. · Where do you feel liver pain? Liver pain is typically felt in the upper right abdomen, just beneath the rib cage. It can manifest as a dull, throbbing pain, a stabbing sensation, or a general feeling of discomfort in that area. In some cases, liver pain might be felt as an ache in the right shoulder or back. · What does liver pain feel like? How liver pain feels can vary from person to person, depending on the cause. However, most people often develop one or more of the following symptoms: Dull, persistent aches in the upper abdomen A feeling of fullness or bloating Sharp, stabbing pains that come and go Tenderness when the upper abdomen is touched · What is the best way to cleanse your liver? If you haven’t been working out, start indulging in a regular exercise regime to allow the toxins to come out of your body. Yoga, going running, hitting the gym, or a simple sauna session can also prove effective. If you want a natural liver cleanse, sweating is the way to go. · How to know if the liver is swollen? What are the symptoms of an enlarged liver? You likely won’t notice an enlarged liver on your own. In some severe cases, you might notice a feeling of bloating or fullness in your belly or an ache in your upper right abdomen. · What is the best drink to flush your liver? Many citrus fruits, including lemon, can be added to water to help stimulate and flush out the liver. Lemons are high in nutrients like vitamin C and antioxidants

June 16, 2025
ONIONS: The Good Old Healing Vegetable

ONIONS: The Good Old Healing Vegetable

June 16, 2025
Why Prostate Disorder Cases Are Increasing Among Nigerian Men – Experts

Why Prostate Disorder Cases Are Increasing Among Nigerian Men – Experts

June 1, 2025
20m Nigerians Live With Mental Health Issues, Says WHO

20m Nigerians Live With Mental Health Issues, Says WHO

June 1, 2025
Health Facts You Didn’t Know

How Your Habit Affects Fertility

May 19, 2025
Fruits For Raining Season

Fruits For Raining Season

May 19, 2025
See Mental Illness Like Other Treatable Diseases – Says Suicide Survivor

Health Facts You Didn’t Know

May 19, 2025
Alligator Pepper: Benefits, FAQ, Side Effects, & Warning

Alligator Pepper: Benefits, FAQ, Side Effects, & Warning

April 28, 2025
Water And Health: The Relationship That Helps Life

Water And Health: The Relationship That Helps Life

April 28, 2025

© 2021 Shippingposition

Navigate Site

  • Home
  • About Us
  • Contact us
  • Privacy Policy
  • Sitemap
  • Terms

Follow Us

No Result
View All Result
  • News
  • Coast To Coast
  • Oil and Gas
  • Maritime Education
  • The Terminals
  • Maritime safety

© 2021 Shippingposition