*Court directs convicts to pay cumulative N10million fines
In what can be regarded as a major victory for Nigeria’s new anti-piracy law, a Federal High Court in Lagos has sentenced 10 pirates involved in the 2020 hijack of a merchant vessel FV HAILUFENG II to 12 years imprisonment.
Justice Ayokunle Faji also directed each of the 10 convicts to pay N250,000.00 as fines (cumulative fines of N10million) on each of the four-count charge preferred against them.
Delivering his landmark judgement on Friday, Justice Faji held that the prosecution has proved its case beyond reasonable doubt, saying that the pirates hijacked the vessel, FV Hai Lu Feng II belonging to Haina Fishing Company.
The judge further held that piracy has been an embarrassment to Nigeria, saying that the infamous act has led to negative impact on the country’s economy.
According to Justice Faji, punishment for pirates’ attack must be proportionate to the offence committed by the convicts to serve as deterrence to others.
The convicts, who reside in Nigeria, are Frank Abaka, Jude Ebaragha, Shina Alolo, Joshua Iwiki, David Akinseye, Ahmed Toyin, Shobajo Saheed, Adekole Philip, Matthew Masi, and Bright Agbedeyi.
They were arraigned in July 2020 by the Office of the Attorney-General of the Federation (AGF) for hijacking the Chinese vessel in international waters off the coast of Cote D’Ivoire.
The convicts were brought to court on a four – count charge of involvement in piracy while the offence was contrary to the provisions of Section 3, 10 and 12 of the Suppression of Piracy and Other Maritime Offences (SPOMO) Act 2019.
When the charge was read to the convicts, they pleaded not guilty to the criminal offence. They were later remanded in the custody of the Nigerian Navy while the trial commenced.
In his reaction over the judgment, the lead prosecuting lawyer, Mr Labaran Magaji, stated that the verdict would send strong warning to other criminal elements that Nigeria has zero tolerance for maritime criminals.
He added that Nigerian institutions, including the Nigerian Navy, prosecuting agencies and security agencies are ready to counter criminal activities in the country.
But the defence lawyer was said to have promised to appeal the judgment.
• Verdict, victory for the entire Maritime Industry- NIMASA boss
Reacting to the landmark judgement, Director General of the Nigerian Maritime Administration and Safety Agency, NIMASA, Dr. Bashir Jamoh, said that history has been made, adding that a huge lacuna has been filled in the battle against maritime crimes in Nigeria and the entire Gulf of Guinea.
He said “ Today (Friday) history has been made, our industry has made a huge leap in the battle to rid our maritime domain of illegalities. We are not going to rest on our ours as we now have a tested legal instrument like the SPOMO ACT which is a major tool in Nigeria’s quest to end Piracy in the Gulf of Guinea.
“In the course of the trial, the government told the court that the defendants “while armed with weapons, committed an illegal act of violence against the crew on board FV Hai Lu Feng II belonging to Haina Fishing Company by putting them in fear in order to take control of the vessel.”
TheIdeal recalls that the Nigerian Navy (NN) rescued 18 crew members on board a Chinese vessel, FV HAILUFENG II from the 10 convicted pirates’ attack on May 15, 2020.
The SPOMO ACT, under which the convicts were tried, was signed into Law by President Muhammadu Buhari in 2019 while the legal framework represents a major stride in Nigeria’s quest in ensuring prosecution of criminals in the Nigerian maritime domain.
