More suits await Nigeria in foreign courts over navy’s action, says Falana SAN

More lawsuits will be filed against the Federal Government at
municipal and foreign courts as a result of the alleged provocative
impunity of the Nigerian Navy (NN), lawyer Femi Falana (SAN)
said.

He said this following the case instituted against Nigeria at
the International Court by Swiss authorities over the detention of
an oil tanker San Padre Pio since January 23, last year.

Falana alleged that the navy had no fewer than 150 people in its
detention without trial, adding that some of the suspects have been
kept incommunicado for over two years.

“Many more cases are going to be filed against the federal
government in municipal and foreign courts due to the provocative
impunity of the nation’s naval authorities who are behaving as if
they are above the law. From the information at my disposal, the
Nigerian Navy is detaining not less than 150 people without trial.
Some have been incarcerated incommunicado for over two years.

“I have already asked the National Human Rights Commission
(NHRC) to attend to my petition expeditiously. I have also
requested the Chief Judge of the Federal High Court, Hon Justice
Abdu Kafarati to designate Judges of the court to commence the
monthly inspection of the detention facilities of all federal
government agencies in line with the provisions of Section 34 of
the Administration of Criminal Justice Act, 2015,” said Falana.

In a statement, the Swiss foreign ministry said on May 21, it
requested the International Tribunal in charge of the law of the
sea to order Nigeria to release the tanker vessel, its crew and
cargo.

The Swiss ministry said the ship and the cargo had been losing
their value, causing damage to the companies involved.

The Nation reports that San Padre Pio with her 16-man all
Ukrainian crew was arrested by naval personnel attached to the
Forward Operation Base (FOB) in Bonny Island, Rivers State for
alleged diesel smuggling and violation of the country’s territorial
waters.

The ship which has 5,500 tons cargo capacity was handed over to
the Economic and Financial Crimes Commission (EFCC) alongside the
crew members but it was yet to be ascertained if the commission
released them without recourse to the court.

Asked the status of the vessel, spokesman for the EFCC Tony
Orilade told our Correspondent he would revert on Thursday.

Director Naval Information Commodore Suleiman Dahun also said he
would forward The Nation’s questions to the appropriate department
for response.

However, a source close to the navy described the allegation of
150 detainees as laughable, noting that with the Harmonized
Standard Operating Procedure (HSOP), the Armed Forces of Nigeria
(AFN) handover arrested suspects and equipment to relevant
prosecuting agencies.

“Where will the navy keep 150 suspects? It is laughable that
someone can come out with such claims. The HSOP mandates the
military to handover all suspects to prosecuting agencies. The
military does not have powers to prosecute and that it why there
have been closer synergy with the Police, EFCC, Ministry of Justice
and the Nigerian security and Civil Defence Corps (NSCDC), among
others.

“This allegation is unfounded and a ploy to distract the navy
from ongoing investigations on a suspect arrested for alleged
piracy spanning across Nigeria’s waters to the coast of Cote
D’Ivoire.

“Recall that the present and even past Chiefs of Naval Staff
(CNS’) had complained about the losses the navy usually suffered
when its account is garnisheed by the court when there is delay in
prosecution. The navy usually hands over suspects and vessels to
relevant agencies but because these agencies do not have the
facilities to keep the vessels, it is then kept within naval
facilities since it is the same government,” said the source who
pleaded anonymity.

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