MARIA IMMACULATA

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Detention was illegal and may cost Nigeria a lot

Since January 23, 2018, Nigeria has been holding the "San Padre Pio" off Bonny, but now it could be released at short terms. Four Ukrainian crew members were detained in Nigeria for almost two years. The allegations made by the authorities of the West African state included illegal oil trade, forgery of papers and more. The Nigerian prosecutor's office lamented against the four crew members. Defendant number 5in the verdict was the tanker. All five have now been cleared by the Federal High Court of Nigeria in Port Harcourt. According to the judgment, the Swiss shipping company ABC Maritime had chartered the tanker to the Geneva-based company Augusta Energy. The cargo of gas oil came from Togo and was destined for the Total E & P company in Nigeria. When the Nigerians seized the ship, the crew was about to transfer the diesel on two smaller ships off the coast. The prosecution could not prove that the accused did not have the necessary permits for the oil deal nor that not all fees were paid, so the Swiss shipping company and its foreign partners had done nothing wrong. Overall, the judge found no indication that the vessel had traded illegally. He also cleared the accused from the allegations that they had forged papers and declared less cargo than was on board on the ship. The acquittal across the board can cost Nigeria a lot. Four sailors and the tanker were detained for nearly two years, the charter company will have suffered substantial losses. Claims against Nigeria could be brought in the context of the proceedings before the International Tribunal for the Law of the Sea by Switzerland for violating international laws by detaining the ship. The sea court had committed Switzerland in an interim decision in July to deposit $ 14 million, so that the ship gets released. Whether Switzerland has paid the money was questionable, because the ship was still stuck in Nigeria. After the verdict, the situation is different anyway. The illegal detention of the ship caused great damage and high costs, the Nigerian lawyer of the accused found on request. So it could ultimately be Nigeria that has to pay. It can therefore be assumed that Nigeria appeals against the verdict. The Swiss Federal Department of Foreign Affairs (EDA) did comment in detail on the case of the tanker, which was once financed with federal guarantees. Switzerland and Nigeria were in negotiations on the one hand with regard to the implementation of the provisional measures, which the International Tribunal for the Sea has ordered on July 6, on the other hand with regard to the upcoming main proceedings. Due to the judge's verdict, the ship should be released in the next few days. The preparations were in progress.

Swiss authorities have filed a suit against Nigeria over the detention of the "San Padre Pio"

On June 6, 2019, the Swiss authorities have filed a suit against Nigeria at the international court over the detention of the "San Padre Pio". The tanker and its crew members were detained for alleged diesel smuggling, and violation of Nigeria's territorial waters. The captain of the vessel had denied the allegations, and stated that he had all papers covering him and the transactions. Some crew members, except for four Ukrainians, had already been allowed to leave the ship which has a capacity of 5,500 tonnes of cargo. Switzerland had made diplomatic efforts to secure the release of the ship but nothing fruitful came out of that. The navy had handed over the vessel to the Economic and Financial Crimes Commission (EFCC) but the commission did not arraign those arrested in court because they had been in illegal naval custody without trial. 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 vessel, its crew and cargo.

Seized tanker attacked by pirates

The "San Padre Pio" was attacked by four armed pirates in a speedboat on April 15, 2019, at 8.20 p.m. on the Bonny River's inner anchorage in position 04 28.1N 007 10.1E. Two pirates managed to board the tanker and opened fire, aimed at the superstructure. The onboard Nigerian naval guards returned fire, thwarting the attack. The pirates returned to boat and fled. The crew was mustered and sheltered in the citadel, all of them were safe. One guard was injured during the shooting and was given first aid by the crew. Two security boats responded and approached the tanker. The injured person was transferred to a security boat and taken ashore for medical assistance. No injuries to the remaining crew were reported. The Bonny Signal Station and the Nigerian Navy were notified. There were only four Ukrainian crew on board, because the anker was seized on Jan 23, 2018, by the Nigerian Navy fo illegal entry and illegal fuel trade, and was being under arrest since.