International Tribunal favours
International Tribunal favours Nigeria Over Switzerland
on $14M Dispute
The Solicitor-General of the Federation and Permanent Secretary,
Federal Ministry of Justice, Dayo Apata, SAN has said that the
International Tribunal for the Law of the Sea has delivered an
important ruling in favour of the Federal Republic of Nigeria in an
Order on Provisional Measures announced on the 6th July 2019, in
the M/T “San Padre Pio “Case (Switzerland v. Nigeria).
Apata stated this during the Press Conference he had with the
Judicial Correspondents on Tuesday, 9th July, 2019 in Abuja.
He said the case concerns Nigeria’s arrest and detention of a
Swiss-flagged Oil Tanker, its crew, and cargo, for having violated
Nigeria’s laws by engaging in ship-to-ship transfers of fuel oil
for use in hydrocarbon production activities in Nigerian waters
without the required permits and authorizations.
He explained that, “on January 23rd 2018, the Nigerian Navy
arrested a Swiss-Flagged Vessel – the M/T San Padre Pio whilst
undertaking a Ship to Ship transfer of fuel oil right inside a
platform within the Exclusive Economic Zone of Nigeria, without the
pre-requisite permits or authorization and at odd hours of the
night, contrary to Navy Regulations”.
Furthermore, ‘’the Vessel, Crew Members and Cargo were
subsequently handed over to the Economic and Financial Crimes
Commission (EFCC) for Prosecution. The EFCC is currently
prosecuting the case at the Federal High Court, Port-Harcourt. The
Captain and three other crew members were subsequently released on
bail’’.
He said that in May 2019, Switzerland challenged Nigeria’s
enforcement actions by instituting arbitral proceedings under Annex
VII of the United Nations Convention for the Law of the Sea
(UNCLOS). Also, Switzerland has requested that ITLOS should order
the suspension of Nigeria’s criminal prosecutions of the vessel’s
master and officers, not to institute new proceedings and that the
Cargo, crew and the vessel be released.
Apata cited that in its 6th July 2019 Order, the International
Tribunal for the Law of the Sea (ITLOS), rejected Switzerland’s
request that the prosecutions be suspended. However, the Tribunal
has also conditioned the release of the vessel and the criminal
defendants, who are Ukrainians nationals, upon Switzerland’s
posting of a bond or other financial security in the amount of 14
million dollars (US$14 million) and on Switzerland’s giving
unequivocal assurances, in the form of an undertaking binding under
international law, that it guarantees their return to Nigeria,
should Nigeria prevail in the arbitral proceedings.
The SGF/PS hailed the Tribunal’s decision as ‘’a vindication of
Nigeria’s right to proceed with prosecuting these serious
violations of Nigerian law, which is a key part of its efforts to
combat maritime crimes in the Gulf of Guniea’’.
The SG/PS while expressing appreciation to Nigeria’s
International Lawyers for taking up the challenge, disclosed that
the case is not under any appeal.
The EFCC Chief Prosecutor, Abba Muhammed in response to
questions said that, “the case is closed; it is now left for the
defence, the bail is in the court of the defendant along with the
bond”.
Representative of the EFCC, Chief Prosecutor, Abba Muhammed in
response to questions from the Judicial Correspondents, explained
that the Swiss Government proceeded to court, arising from the
information by the Nigerian Government that the case was under
investigation and prosecution when the Switzerland Government
requested from Nigerian Government the release of the vessel.
“I feel strongly that the Switzerland has not been fully briefed
that the arrest was made at the economy zone of Nigeria, so as it
were on a comfortable zone waiting for the bond of $14 million that
on their undertaking the Ukraine will be released by the
Switzerland”, Muhammed explained.
In attendance were Lawyers representing Swiss government,
Officers from the Nigerian Navy, Foreign Affairs Ministry and
Ministry of Justice,
Ogundoro Modupe
Deputy Director(Information)