Monjasa: No Evidence Was Presented at Trial That Saw 14 Convicted, Bunkering Vessel Forfeited

by Ship & Bunker News Team
Wednesday April 6, 2016

A Nigerian court that last month handed down guilty verdicts to 14 men accused of illegal bunkering, did so despite the fact no evidence was presented at any point during the trail process, Monjasa has told Ship & Bunker.

As Ship & Bunker reported last month, the decision by Justice Ibrahim Buba also saw the Monjasa-chartered bunkering vessel MT Anuket Emerald, and its cargo, forfeited to the Federal Government of Nigeria.

In Nigeria the term "bunkering" is also used to refer to crude oil smuggling, a well known and wide-spread problem in the country, however Monjasa has stressed that this does not in any way correlate to this trial.

From the beginning of the case, Monjasa told Ship & Bunker: "The ship was boarded by the Nigerian navy as they wanted to see whether it was carrying Nigerian crude oil on board. All cargo is tested and the official results confirm that the oil is, first of all, not crude, but fuel and diesel oil (bunkers), and that the oil is not Nigerian.

"Unfortunately the authorities (in Nigeria) are then trying to charge us with operating in Nigerian territory without permission, even though the ship was beyond the 12 nautical mile radius, thus located in international waters."

The local authorities have released only sporadic details on the trial.

"The court in Lagos has not released a formal sentencing, and we are therefore not able to comment on the details at this time," said Monjasa.

A statement by Nigeria's Economic and Financial Crimes Commission (EFCC) stated that Buba sentenced 11 of the accused to two years imprisonment, but they were given an option of instead paying a comparatively minuscule fine of N1,000,000 ($5,000) each; three others, who were absent from the hearing, got five years imprisonment each, with some also being handed additional fines of N5,000,000 ($25,000) each.

Ship & Bunker understands that all the crew are now free and have left Nigeria.

"This is obviously the crucial part, and we are very pleased about it. As for the ship's fate, that is now a matter for the international maritime legal process in the UNCLOS framework and between the shipowner, the Nigerian authorities, respective P&I clubs and local and international lawyers," said Monjasa.

These latest developments will presumably have done nothing to temper the suspicions of those who questioned the true motive behind the original allegations, which Monjasa called "baseless" from the outset.

The bunker supplier says it fully sustains the initial comments on the matter released last June by Group CEO, Anders Østergaard.