Bunkering Ships Freed, Crew Jailed: Rage in N-Delta over ‘shocking judgment’

Leaders, activists, and other stakeholders in the Niger Delta received with scepticism the judgment of a Federal High Court sitting in Port-Harcourt that ordered the Nigerian Navy to release two vessels, MV TIS IV and Barge Podium, impounded for crude oil bunkering, to the owners.

 

Though the court convicted the crew for crude oil theft and directed that the content of the vessel be “forfeited” to the Federal Government, the part that the authorities should surrender the felonious vessels to the owners rankled not a few who described it as “shocking judgment”.

In compliance to the court’s command, the Commanding Officer, Forward Operating Base, FOB, Navy Captain Murtala Rogo, represented by the Executive Officer, Commander Dantani Bukar, at the FOB, Egwema, Brass, Bayelsa State, handed over the vessels to the owners.

Rogo recalled that MV TIS IV was taken in on December 5, 2021 at a creek within Akassa River, Bayelsa State, while operatives seized Barge Podium on May 15, 2017 around Alaki area of Rivers State.

He said the Navy handed over the crew and exhibits to the Economic and Financial Crimes Commission, EFCC, for prosecution.

Stakeholders, who spoke to Sunday Vanguard, found it hard to understand why a court that found the crew culpable of crude oil bunkering would, on the other hand, order the release of the same vessels used in perpetrating the crime to the owners.

Flawed judgment – Ikpomwen, South-South leader

A prominent South-South leader, former Provost Marshal of the Nigerian Army, and lawyer, Brigadier General Idada Ikpomwen (retd.) told Sunday Vanguard: “The judgment of the court was wrong. I do not think it is proper; at least to serve as a deterrent to other owners of tanker vessels, there must be a penalty to the owners.

“The vessel belongs to a company, so there must be a penalty for the company that owns the ships, otherwise other people will continue to do the same thing believing that nothing will happen to them and their vessels; that only the crew will be punished.”

I see sleaze – Ambakederimo, SSRG convener

Another South-South leader and Convener, South- South Reawakening Group, SSRG, Joseph Ambakederimo, said, “This story is very difficult to decipher, and when taking into context, you find corruption all around it. This is just the entire scenario playing out in this oil theft matter plaguing the country.

“I am still at a loss why the Nigerian National Petroleum Corporation, NNPCL, has refused to apply technology that is in the market to guard our pipelines like is done in every other country.

“It is only a matter of time; the same vessels they released will be redeployed for another operation because the culprits have now seen a leeway in the court judgment to be exploited in future.

“All what is needed is repainting and change of name of the vessel. Although we do not know how the court arrived at its decision, it smacks of inducement and nothing more.”

Proceed to Appeal Court – HM Baridam, Ogoni monarch

The Paramount Ruler of Bangha Kingdom in Ogoni, Rivers State, His Majesty King Suana Baridam, stated, “The judgment will bring a very wrong signal in the Niger Delta. It will also give so much advantage to the criminals whose actions are destroying the environment while they are trying to make selfish earnings.”

The monarch said though the judgment may be in line with the evidence earlier presented before it, “oil theft is affecting our local communities, the Federal Government must do something about this urgently by going after every oil criminals no matter how highly placed.”

He, however, added that if it was true that the lawyers and the prosecutors of the case had presented concrete evidence before the court on the matter, then they should proceed to the Appeal Court.

Awful verdict – Ugolor, ANEEJ Executive Director

The Executive Director, African Network for Environment and Economic Justice, ANEEJ, Rev David Ugolor, who also condemned the court’s verdict, said, “The order to give back the vessels is bad judgment, it is a bad precedence and will encourage the owners not to follow some compliance rules.

“It will create a culture that will continue to encourage people to use vessels to steal crude.

“We must put in place rules and culture that would discourage owners from renting out their vessels to people with a criminal or questionable character, but in some cases, the owners are complicit in the business going.”

Shocking decision – Clarkson, lawyer

A lawyer and former spokesperson, Movement for the Survival of Izon Ethnic Nationality in Niger Delta, MOSIEND, Amaebi Clarkson, said though not privy to the actual grounds the court relied on to free the bunkering vessels, it was unacceptable for oil thieves to use their connection to secure release of their vessels after the efforts exerted in apprehending the vessels.

He opined, “This is devastating and very frustrating. The only antidote to the antics of these international thieves is to apply the full wrath of the martial policy by burning the apprehended vessels. This may sound as an extreme measure, but it is desirable in the prevailing circumstances.”

Faulty signal – Kabari, Portsmouth Univesirty don

A don at the University of Portsmouth, United Kingdom, Dr. Sam Kabari, said, “It is a known fact that those involved in the crude oil theft in the Niger Delta are big men.

“But whoever is involved in this should be prosecuted as a deterrent to those that would want to join in this illicit business and save our economy from further dwindling”.

The former lecturer at the Nigerian Maritime University, Okerenkoko, Delta State insisted that until they prosecute and accordingly punish all oil thieves, the country would not make any headway economically.

Kabari said the court’s judgment would not only bolster the oil thieves to continue in the nefarious activities of sabotaging the nation’s economy, but also “cause unimaginable damage to the environment and the entire ecosystem.”

I deduce dishonesty – Ekpe, activist

Akwa Ibom State Lead of a nongovernmental organization, Connected Development, CODE, Mr. Ubong Ekpe, stated, “It is not right for owners of the vessels to receive their vessels back. A vessel used for criminal activity is also liable to same criminal charge.

“Therefore, if the crew members are subjected to judgment around the criminality, the vessel is also an accomplice to it. They should not return the vessels to the owners; of course, I smell corruption around that judgment.

“I believe that if the vessels were forfeited by the Federal Government, it will serve as a deterrent to other people. You can imagine a vessel valued at well over 40 million or 60 million dollars forfeited for stolen crude oil valued at about 4 million dollars or 6 million dollars.

“Those crew members found guilty for the criminality are facing that because they may not be real owners of those intercepted vessels. If they were the real owners, or children of the owners, that judgment would not have been like that.”

Cloaked in disbelief – Etimita, activist

Cross-River-based lawyer and activist, Mr. Ogarekpe Etimita, on his part, said, “That ruling by the Federal High Court, Port Harcourt, is one of those decisions which ought to have been appealed because it is shrouded in suspicion.

“You cannot say a man caught while stealing yams in a farm in the village should be beaten at the village square, the yams returned to the owner, while the hoe and cutlass should be returned to the thief because since he was the one that brought the hoe, and knife to the farm, those items belong to him.

“The explanation that he borrowed or those items belong to someone else does not hold water and, therefore, should be confiscated too.

“Government should enact laws which are more drastic to stop judges from using absence of enabling laws in passing such funny judgments”.

Detestable conclusion – Amete, UNICAL don

University of Calabar (UNICAL) lecturer, Dr. Gideon Amete, declared, “Such judgment, which I term obnoxious, is the reason for the ongoing ‘All Eyes on Judiciary’ campaign because most of the rulings and outcome of judicial matters raise eyes brows and cast doubts on the competence or sincerity of some judges while passing judgments.”

Do not draw hasty conclusions – Ogwuche, lawyer

An attorney and social activist, Festus Ogwuche, called for caution, explaining, “Any asset used in the perpetration of crime must be seized and possibly forfeited to the state, which is the existing principle, not only in our criminal jurisdiction but also the standard practice globally.”

He, however, noted, “There are some extenuating factors though that could come into play and cause the law to soften its position on the seizure and forfeiture.

“If they stole the item or asset, and the owner had alerted the law enforcement authorities on the fact; if it was hired and the hirers misrepresented the facts to the owner on the specific use of the item or asset, only to turn around to use it in another way, the facts and circumstances of each case will determine the attenuation.

“But for the Nigerian situation, particularly in the area of bunkering, many things are thrown up, both on the side of the owner of vessels, and the hirers relating to lies and falsehood.”

Judgment in order – Benin, environmentalist

Executive Director of Community Development Advocacy Foundation, CODAF, a non-governmental organization, and environmentalist, Mr. Richard Benin, who thought in the same direction, asserted, “If the court convicted the people who were involved in stealing the crude oil, that is enough deterrent to those who will want to venture into such acts.

“You do not just pronounce light sentences on those people; you give them nothing less than 30 years imprisonment because it is a crime against the nation.
“I think the court has done the right thing and l will want them to continue in that manner.”

Return of vessels will not encourage owners – Dunmnamene, environmentalist

Similarly, environmental justice activist, and Executive Director, Youths and Environmental Advocacy Centre (YEAC-Nigeria), Fyneface Dunmnamene, said, “I do not think that returning vessels and barges to their owners would embolden the owners to sacrifice the crew members, human beings for material things.

“It is a temporary gain for the owners, but if they use the vessel and barge for illegal bunkering again, they will not go free next time.”