ABUJA (Min of Justice Report) – The International Tribunal for the Law of the Sea (ITLOS) announced on 6th July, 2019, in The M/T “San Padre Pio” Case (Switzerland v. Nigeria) the delivery of an important ruling, in favour of the Federal Republic of Nigeria in an Order on Provisional Measures.
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 transfer of fuel oil for use in hydrocarbon production activities in Nigerian waters, without the required permits and authorizations.
The M/T San Padre Pio was arrested on January 23rd, 2018, while the transfer was being carried out inside a platform within the Exclusive Economic Zone of Nigeria, at odd hours of the night, contrary to Navy Regulations. 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 however, the Captain and three other crew members, were subsequently released on bail.
In May 2019, Switzerland challenged Nigeria’s enforcement action by instituting arbitral proceedings under Annex VII of the United Nations Convention for the Law of the Sea (UNCLOS). Switzerland also requested that ITLOS 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.
In its 6th July, 2019 Order, International Tribunal for the Law of the Sea (ITLOS) rejected Switzerland’s request that the prosecutions be suspended. The Tribunal also conditioned the release of the Vessel and Federal Ministry of Justice criminal defendants, who are Ukrainian nationals, stating that upon Switzerland’s posting of a bond or other financial security in the amount of 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.
Nigeria’s Solicitor General of the Federation and Permanent Secretary, Federal Ministry of Justice, Dayo Apata, Esq, hailed the tribunal’s decision as a vindication of Nigeria’s right to proceed with the prosecuting of these serious violations of Nigerian law, which is a key part of its efforts to combat maritime crimes in the Gulf of Guinea.
With the conclusion of the provisional measures phase before ITLOS, the parties will now proceed to adjudicate the underlying dispute at the Annex Seven (7) Arbitral Tribunal.
