Ship. |
The
owners of the Vessels, MT APECUS and MT INVICTUS have petitioned the Permanent
Secretary and Solicitor General of the Federation, Federal Ministry of Justice
over the kidnapped of Mr. Charles Marccathy, a Ghanaian national and the
alleged indiscriminate detention and prosecution of 17 Crew members by the Nigerian
Police ( SCID ), Port Harcourt as well as the unlawful arrest of the two
Vessels by the Nigerian Navy, Pathfinder Base, Port Harcourt, Rivers
State.
In
a worded Protest Letter dated July 10, 2019, by
Babajide Law Firm, the Law Firm to the owners of the two
arrested Vessels, they kicked against what they described as the
unfortunate abduction of one of their staff Mr. Charles Maccarthy
(Ghanaian), the unjustified prosecution of 17 crew members as well
as the illegal and unconscionable arrest of the vessels MT. APECUS and MT.
INVICTUS by the Nigerian Navy, Pathfinder Base, Port Harcourt, Rivers State
without any probable justification in law.
According
to the petition, "Our clients are the Owners of the vessels MT.
APECUS and MT. INVICTUS and employers of 17 crew members who have been charged
on suspicion of attempting to load and steal Nigerian crude oil and
incarcerated in Port Harcourt prisons".
"On
Friday 19th April 2019, and while the vessel was waiting at Bonny outer
anchorage, around 14:30 local time, Owners received an emergency /alert from
Captain AKPATA that vessel was under attack by sea-pirates and his attempts of
requesting help by the Navy gunboat "which actually was very close to
vessel became of no avail", they stated in the petition.
"Owners
reported immediately the incident to their local representative and the
Captain of their sister vessel (MT INVICTUS), requesting all of them to provide
any possible assistance and report to Navy base. Owners kept calling the vessel's
satellite phone but to no avail, until almost five hours later the Chief
Engineer on board MT APECUS reported the kidnap of six seafarers, five
of whom are Indian Sailors and the captain, a Nigerian nationality, by
Pirates. Seams that for 4-5 hours the pirates were on board, without fear for
an "action" that probably would be taken by Navy. The kidnapped
victims were taken ashore from the vessel in the outer anchorage and remained
in hostage for over 60 days without any concerns, enquires or criminal
investigation by the Federal Government", they wrote further.
The
owners of the Vessels, MT. APECUS and MT. INVICTUS, according to the
petition, were left with no superior alternative than to liaise with the locals
to investigate the dastardly act with a view to securing the release of the
victims by all means possible, while the local authorities and particularly the
Navy did not take steps or efforts to provide any help.
They
stated that after long negotiations with sea-pirates, the ransom
amount agreed and the procedures of the delivery of ransom and the release
concluded, adding that upon the payment of a huge ransom, the six sea
farers were released on the 26th June, 2019, revealing further that;
"In view of the lack of any support by authorities, the Owners
decided and engaged local people and particularly they asked Mr. Charles
Maccarthy, a Ghanaian National, to provide help. While Maccarthy was serving as
a functional bridge between the Owners of MT. APECUS and the abductors, he was
captured in the mid-night hours of 26th June 2019 in the course of paying the
ransom in exchange for the release of the six seafarers".
The
petition read thus; "Mr. Charles Maccarthy is currently in captive and so
remains even till the time of protesting this inhumane and abominable
aberration. It is indeed a saddening and ignoble phenomenon in the annals of
this country where human life has been reduced to a price commodity by
malefactors who have turned kidnapping of persons to a transactional enterprise
and have thus brazenly challenged the effectiveness and efficiency of our
security intelligence and policing architecture".
They
posited that; "In the light of these appalling realities, we urge the
Federal Government of Nigeria to be quick off the mark in saving the innocent
life of Mr. Charles Maccarthy by securing his immediate release without further
delay".
"On
the 22nd May 2019, the Nigerian Navy apprehended 7 crew members on board the
vessel MT. APECUS.On the 22nd May 2019, the Nigerian Navy further arrested 10
crew members on board the vessel MT INVICTUS. Nigerian Navy after interrogating
the 17 crew members handed them over to the Anti-Robbery Section of the Nigeria
Police (SCIID), Port Harcourt, Rivers State. They were arraigned and
subsequently remanded at the Port Harcourt Maximum Prisons", they wrote.
They
described the bail conditions for the release of the 17 crew members as
extremely oneness, outrightly unfeasible and ultimately beyond the realm of
practical obeisance.
"It
is worthy of note that the abduction of five Indians on board the
vessel MT APECUS is an event which preceded the subsequent arrest of the
seven crew members on board the vessel MT APECUS. It is therefore curious
that the Nigerian navy who have falsely accused the owners of MT APECUS and MT
INVICTUS of masterminding the hijack of the vessels would allow the five Indians
who were released by the abductors to leave the country without any
interrogation while the other 17 crew members on board the same Vessel,
MT APECUS remains in prison custody",
It
described as alarming that the Nigerian Police, SCIID, Port Harcourt,
Rivers State who claimed to be prosecuting the 17 crew members on board the
Vessel MT APECUS and MT INVICTUS would gleefully permit the smooth departure of
the five Indians who were abducted on board the Vessel MT APECUS
out of Nigeria without any questioning.
"The
foregoing re-states the obvious and reinforces the compelling fact that this
whole prosecuting venture is nothing but a sham calculated to mislead the
public, victimize innocent persons and present a complimentary scorecard of
operational efficiency at the peril of the 17 crew members in detention.
"May
we for emphasis sake and for the records, maintain that the framed charges
against the 17 crew members on board the vessels MT APECUS and MT INVICTUS
cannot be sustained by any evidence. It is crystal clear that there is no
available evidence to support the alleged charge. What is more, an allegation
of crime without proof remains what it is, an allegation and cannot on any
reasonable pedestal ground conviction. It is in wake of this critical impasse
that we call upon the Federal Government of Nigeria to rise to the occasion and
intervene by securing the emancipation of the 17 crew members who have hitherto
been deprived of their basic right to freedom", they said in the petition.
According
to the petition also; "The Vessel MT. APECUS sailed
from Ghana where she has been trading and employing there since 2013 and after
such long period, she only proceeded last April to Lagos to get supplies,
spare parts, and crew members, where she arrives at the anchorage on 3rd of
April 2019. On April 14, 2019 she sailed from Lagos and proceeded to Calabar in
ballast/empty condition, in order to perform a charter employment. During her
passing from Bonny, on April 18th late night, the Captain reported a
maneuvering and windlass malfunction and damage caused and requested permission
to enter Bonny anchorage to seek for repairs and supplies. The vessel returned
to Bonny and arrives at outer anchorage on Friday, 19th April around 10:30 am
where she anchored waiting for the Owners to arrange and obtain a new
Naval clearance for entering in the inner anchorage, for which the Owners
ordered their agent to proceed and arrange the issuing from Navy. Around
14:30 same day, the Owners received an alert from the Captain that the vessel
was attacked by pirates and then the communication lost till 19:00 hours local
time. The owners immediately directed their agent to contact the Navy and
report the incident in order for the Navy to rescue, assist/protect the vessel
and her crew".
They
said the Owners subsequently discovered from the Chief Engineer that six
crew members including the Captain and five Indian nationality have been
kidnapped by pirates and left with a speedboat, adding that on the same
day, Friday 19th April, the Owners requested the Chief Engineer to do the
utmost and shift the vessel with the remaining crew and shelter her in the inner
anchorage, where the vessel anchored late night.
"Owners
ordered their agent to provide any help and support to the crew, while Owners
force the agent to file a report to the authorities about the incident.
On
Monday 22nd of April, Owners noted through locals that their agent were taken
by the Navy and on Tuesday 23rd the Chief Engineer reported that all remaining
crew taken ashore by Navy personnel for interrogation. On 22nd of April around
noon, the Chief Engineer notified the Owners that Navy personnel boarded the
vessel and detained all the crew. Since then the vessel and the crew has been
detained without any prospect of immediate release to its owners. We make bold
to say that contrary to the allegation of the Nigerian Navy Pathfinder Base,
Port Harcourt, Rivers State against MT APECUS, the Vessel was never at any
point involved in illegal bunkering activities neither did it involve or made
any such attempt to involve herself in any dealings in petroleum products. Importantly,
at the point MT APECUS was arrested, no crude oil or petroleum products was
found in her, she was completely empty which points to the obvious fact that
she was not in Nigerian for any form of illegal deals", they also wrote.
On
the alleged illegal arrest of the Vessel, MT INVICTUS by the Nigerian
Navy, Pathfinder Base, Port Harcourt, they averred that; "The vessel MT
INVICTUS, arrived at Bonny inner anchorage on 1st April 2019, in order to
complete substantial repairs of Main Engine turbocharger, due to inability of
the Ghanaian technicians to perform and complete the repairs in Ghana, where
she was operating there for almost four years, based in Tema as
home port.
"Owners
following the official procedures of Bonny authorities arranged through their
local representatives / agent at Bonny to obtain all necessary permission and
clearances for her entering in the anchorage and the performs of the repairs
and supplies. While the vessel arrives at Bonny, an inspection was carried out
by Navy gunboat and found same in order clean / empty and dry and she was allowed
to proceed and anchor at inner anchorage where she was idle for about 20 days
performing repairs and supplies, without any issue and or any further
inspections by the Navy".
They
added;" In the early morning hours of 18th May 2019, precisely at
3:50 hours, 2 Navy gunboats came alongside with an arrested illegal
bunkering barge to tie them with MT INVICTUS. The Naval personnel on board MT
INVICTUS tied them with the Owner's vessel, ignoring in total captain's
protests, to whom in fact a force exercised by the gunboat Commander threating
him to be arrested, unless he allows the alongside of the barge. The Naval
personnel subsequently returned with another arrested illegal wooden boat and
they tied it with the first barge they brought at around 5:03 hours of 18th
May, 2019 and they disembarked".
"At
08:08 hours of the same day came another gun boat and started
taking the photos of the illegal barge and wooden boat alongside with MT
INVICTUS. It was shortly after this incidence that the vessel MT INVICTUS was
arrested and detained by personnel of the Nigerian Navy Pathfinder Base, Port
Harcourt, Rivers State.The Nigerian Navy Pathfinder Base, Port Harcourt, Rivers
State, alleged that the vessel MT INVICTUS engaged in or attempted to deal
petroleum products. The allegation is totally false and does not
represent accurate facts as the Vessel was not at any point involved in illegal
bunkering activities neither did it involve herself in any dealings in
petroleum products", they pointed out.
They
stated categorically that at the time the Vessel MT INVICTUS
was arrested, no crude or petroleum products was found in her, adding that,
"She was void without any trace of petroleum content or
attempt to engage in same which clearly shows that she was not in Nigeria for
any form of illegal deals".
They
described the abduction of Mr Charles Maccarthy and the lukewarm disposition of
the relevant security agencies as worrisome and most disappointing and,
"Worse still, is the obstinate posture of our enforcement agencies
to have the 17 crew members and the vessels MT APECUS and MT INVICTUS
released."
"It
is against this background that we implore you to use your good office to
investigate this matter with a view to arriving at a positive and remarkable
outcome", they wrote.
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