Court Of Appeal President Lauds Jamoh’s Commitment To Admiralty Matters, Navy Challenges Judges Discretionary Powers Under SPOMO Act

By Stephen Ubanna

In spite of the almost   two months of  inactivity in the Nigerian Maritime Administration  and Safety Agency, NIMASA, due to the involvement of Bashir Jamoh, Director General of the Maritime Regulatory  agency , in the murky waters of Nigerian politics, his subsequent return   appears to have once again exposed  his good works that Dongban Mensem,  President  of the Nigerian Courts of Appeal  could not hide  his impression about him.

The Court of Appeal President may have taken advantage   of the Workhop  organised recently by the Nigeria Shippers Council , NSC, under the close watch of Emmanuel Jime, for Judges  to  commend the NIMASA, Director General for his   immense contribution ‘’to keeping  judicial officers   abreast  with relevant  knowledge to handle  maritime matters’’.

According to him, ‘’ the NIMASA boss has set worthy examples for other Maritime agencies , Chief Executive Officers, CEOs, in the nation’s maritime sector, which has  increased judges capacity to perform better’’. The Apellt Court President who could not hide his feelings had  commended the NIMASA helmsman at the NSC Worksho for judges   for his ‘’exemplary Leadership role in advancing  the cause of adjudication  in admiralty matters’’.

He  noted that over the last two  years, the NIMASA boss, had  made  appreciable impact  in the nation’s maritime sector which  touches  on areas like  ‘’timely and easier interpretation  of the Suppression  of Piracy  and the Maritime  Offences, SPOMO, Bill  passed by the  National Assembly and signed  by President Muhammadu Buhari into Law in June 2019.

 Recall that at similar  admiralty  Conference  was organised by the agency  in 2021,  where  Jamoh, the NIMASA helmsman,  had told the participants  that the agency has achieved ‘’milestones  in the pursuit  of the target  of continuously  improving maritime Law administration  in Nigeria’’. 

 It is instructive to note the SPOMO Act aims at achieving a’’ safer Nigeria   maritime domain, alternative dispute resolution and equally set limits of admiralty jurisdictions in Nigeria amongst others’’ for the Judges.

 Edward Osagie, an Assistant Director and the agency spokesperson had said that since the implementation of  the SPOMO Law, NMASA had convicted a good number of pirates. The NIMASA Assistant Director had cited the three pirates arrested and convicted over their alleged involvement in the hijack of an Equatorial Guinean flagged vessel named, MV. ELOBEY VI, off Equatorial Guinea’s coast   in August 2020.

 Last year,  10 other  pirates were said to have been  sentenced  to a total of 48 years imprisonment  under the SPOMO Act  for hijacking  a Fishing vessel  , FVHai Lu Fang II, in  May 2020 belonging an Asian country of China fishing company. The convicts were also fined N10 million.

 The conviction of these pirates operating   in the Gulf of Guinea may have opened the flood gate for the arrest and conviction of other pirates  at the Federal  High Court in Port Harcourt and Lagos, the nation’s commercial nerve centre.

The arrest and conviction of the alleged  pirates   have  encouraged the NIMASA  boss to beat  his chest  that ‘’these  have greatly  helped to  improve  Nigeria’s image  in the comity of nations  by better appreciating  the country’s role  and determination  to end piracy  and other maritime crimes in in the nation’s maritime domain and the Gulf of Guinea’’.  

There is no gain saying the fact  that with the efforts  put in place  by Jamoh led NISA,  to combat maritime maritime  crimes and sea robbery  in Nigerian waters and the Gulf of Guinea, the International Maritime Bureau, IMB,  has delisted   Nigeria  from the world  pirates records list, leaving  Benin Republc, Sao Tome and Principe   leading the most  dangerous waters  to trade in the world..  That much was confirmed by the NIMASA Director General in March, 2022.

NIMASA Special Mission Vessel For Anti-Piracy Operations In Nigeria Waters and Gulf Of Guinea

  Indeed, with the deployment of the $195 million  maritime  security assets  comprising of  17 Interception Boats, for Coastal Patrol, 16 Armoured Vehicles, Two  Special Mission Vessels, Two Special Mission Aircrafts for Surveillance of Nigerian Exclusive, Economic  Zone, EEZ, and four unmanned Aerial vehicles supplied by the Israeli security firm, HLSI Systems and Technologies Limited  , contracted by the government  in 2017, to contain the  activities of Pirates and  other sea thieves  to facilitate the free movement of ocean going vessels laden with cargoes in the pirates appear to be trouble.

  This is because  most of the pirates who could no longer bear the heat  from the Nigeria Navy  operating the maritime Interception Boats and two Special Mission vessels,  were said to have relocated to the West African countries of Ghana, Togo and the Central African countries of Cameroon and Gabon.

Notwithstanding that  some of the pirates arrested  by the Navy and handed over to NIMASA for prosecution  have been convicted between 2020 and 2021, at the  at the Federal High  Courts in PortHarcourt and Lagos in the case brought against them  the Nigerian Navy , under the close watch of Vice Admiral  Awwal ` Zubairu Gambo, has frowned  at ‘’the discretionary  powers  granted the Judges  of all the Federal High Courts in sentencing  suspects  convicted  under the SPOMO Act.

Vice Admiral Gambo: CNS

 Jamila  Malafa, a Commodore and the Director , Legal, Nigerian Navy,  had told those that cares to listen  that’’ the discretionary powers  of the judges  under the SPOMO Act  have resulted in the lenient  sentencing  or imposition  of fines  on the persons so far  convicted  for piracy and sea robbery  , rather than giving them life imprisonment as a deterrence to others.  

The Naval Commodore   would want  NIMASA and  other  relevant agencies with  link to the nation’s maritime sector  ‘’to challenge  the discretionary powers of the Federal High Court Judges so as ‘’ to strengthen  the fight against  piracy  and other maritime crimes in Nigerian waters and the Gulf of Guinea .

He had   said that  piracy  and armed robbery  at the  Nigerian maritime domain and the Gulf of Guinea,  will persist  and which will still give  the Naval personnel more job to do ‘’ if other countries in the  region  fail ‘’to create  the Legal framework  to prosecute   perpetrators of the crime’’.  

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