Nigerian Navy arraigns MT HEROIC IDUN vessel on five count charges 

By Martha Obi, Abuja

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As the battle against illegal crude oil theft and export intensifies, the Nigerian Navy 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 on five count offences.

The Nigerian Chief of Naval Staff, Vice Admiral Auwal Gambo represented by the Chief of Policy and Plans, Rear Admiral Saidu Garba disclosed this during the news briefing on the repatriation of MT HEROIC IDUN from Equatorial Guinea to Nigeria in Abuja, Nigeria’s capital.

The Naval Chief said “the vessel was spotted by the Nigerian Navy Maritime Domain Awareness facility and a Nigerian Navy, NN Inshore Patrol Craft, Nigerian Navy Ship, NNS GONGOLA probed the legitimacy of her presence in the Total Safe Anchorage operated Akpo Field”.

 

According to him, following the interrogation, the Captain of MT HEROIC IDUN duly responded to NNS GONGOLA and further stated that his vessel was without relevant clearance to operate in the Field.

 

MT HEROIC IDUN (IMO: 9858058) is registered in Marshall Island with an overall length of 336-metres, 60 metres breadth and capacity of 3 million barrels.

 

“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”, he said.

 

He added that 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 to mislead mariners that NNS GONGOLA was a pirate vessel and possibly concoct an alibi for her desperate action.

 

He noted that on the piracy alert, the Nigerian Navy also through international collaboration alerted relevant piracy reporting centres through CRESMAO and ECOWAS ZONE F Cotonou headed by

Nigerian Navy officers called 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.

 

“Hence, this mischievous act by MT HEROIC IDUN was clearly aimed at tarnishing the good image of the maritime domain of Nigeria, which we have worked very hard to achieve and sustain,” he said.

 

According to himthe Nigerian Navy therefore invoked the collaboration of neighbouring Equatorial Guinea through the Yaoundé Architecture to arrest the vessel adding that with the aid of the Nigerian Navy surveillance facility, MT HEROIC IDUN was tracked and the Equatorial Guinea Amphibious Ship, CAPTAIN DAVID was therefore vectored to intercept and arrest the fleeing ship on 12 Aug 22.

 

MT HEROIC IDUN was held at the Luba Anchorage in Bioko Island, Equatorial Guinea while the country conducted her own investigations owing to some infractions the vessel had also committed in the country’s waters.

 

He said “whilst these were ongoing, a formal request was made to transfer the vessel to Nigeria as mentioned during the Press Briefing on 19 August 2022”.

 

He noted that this was followed by diplomatic overtures and negotiations towards achieving the transfer of HEROIC IDUN to Nigeria.

 

Suffice to add that both Nigeria and Equatorial Guinea are signatories to the Code of Conduct concerning the Repression of Piracy, Armed Robbery against Ships and Illicit Maritime Activity in West and Central Africa of 2013 commonly referred to as the Yaounde Code of Conduct.

 

The Code is backed by appropriate UN Security Council Resolutions and provides the platform for information sharing as well as coordination amongst signatories. This includes handover of vessels or persons suspected to have committed offences in each other’s States. It was based on this therefore that MT HEROIC IDUN was brought back to Nigeria from Equatorial Guinen on 12 November 2022.

 

“The smear campaign put up by the ship in the Media space in a fierce attempt to rubbish the transfer process by falsely gaining international support/sympathy was thus bound to fail and perhaps an indication that the vessel has a case to answer.”

 

Accordingly, on 6 November 2022, the vessel was handed over to Nigeria by Equatorial Guinea.

 

Subsequently, she cast off Equatorial Guinea waters under Nigerian Navy escort on 11 November and arrived off Bonny Offshore Terminal II on 12 November 2022. MT HEROIC IDUN is presently in the custody of the Nigerian Navy and based on legal opinion and analysis, the super-tanker could be said to have committed the following offences against the Nigerian State:

 

  1. Attempt to deal in export crude oil without license or authorization.
  2. Entering the Restricted Zone around an Oilfield without authorization and thus violating Nigeria’s Exclusive Economic Zone regulations.
  3. 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 theSuppression of Piracy and Other Maritime Offences (SPOMO)Act 2019.
  4. 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.
  5. 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 Representative of Minister of Justice, Mrs Nkiruka Jones-Nebo says that presently, they have filed the matter against the defendants.

 

Mrs Jones-Nebo that twenty-seven Defendants have been arraigned before the Federal High court that 17 were arraigned while balance 10 were arraigned today.

 

She noted that the hearing will be on 10 and 11th of November, 2022.

 

The Representative of Foreign Affairs, Ambassador Nicolas Agbo commended the Nigerian Navy for the feats recorded in the arrest of the vessel and in securing Nigerians Waters.

 

He assured that the International community’s that Nigerian will respond when requested from Ministry of Foreign Affairs.

 

Meanwhile, the Navy assures Nigerians that in accordance with its statutory responsibilities and drawing strength from the strategic directives of the CNS, Vice Admiral Auwal Zubairu Gambo CFR, the service will maintain a posture of zero tolerance to crude oil theft and other criminal activities in our maritime domain.

 

Also, that the Navy shall continue to work in synergy with other maritime stakeholders, Gulf of Guinea states’ navies and strategic partners to ensure that Nigeria derives maximum benefit from its natural maritime endowments.

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