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Panel Throws Out New Charge Against Bob-Manuel
• We found 98% water, 2% crude in African Pride –NNPC By Abimbola Akosile and Oghenekvwe Laba, 12.01.2004
An attempt by prosecution to file a new charge against one of three accused naval officers being tried for alleged involvement in unauthorised release of a seized crude-oil bunkering vessel, MT African Pride, yesterday failed when it was thrown out by the seven-man military panel. Also, in the defence, which began yesterday at the trial courtroom located at Officers' Mess of 81st Division of Nigerian Army, Ikoyi, Lagos, the panel was informed of how a test conducted on the missing vessel by consultants of the Nigerian National Petroleum Corporation (NNPC), revealed that 98 percent of the tank's contents was ordinary sea water, while the remaining 2 percent was actual crude oil. The officers on trial are Rear Admiral Anthonio Bob-Manuel, Deputy Commandant Armed Forces Command & Staff College, Jaji, Rear Admiral Francis Agbiti, Chief of Training & Operations, Nigerian Navy, and Rear Admiral Samuel Kolawole, Flag Officer Commanding (FOC) Western Naval Command. The new charge, which was read out to Bob-Manuel (1st accused), followed an earlier ruling delivered by the panel Wednesday last week, wherein the three accused were said to have a case to answer concerning the conspiracy count, with 14 other counts still to be determined. Bob-Manuel was also to answer for two other counts involving alleged conduct prejudicial to service discipline, and disobedience to particular orders, in this case the directive by Chief of Naval Staff that all arrested vessels, including MT African Pride, be handed over to the Nigeria Police Force. When lead prosecution counsel, Brigadier-General Idada Ikponmwen (rtd.), brought a new charge of negligence against Bob-Manuel, it was opposed by the defence. "There is a new charge, not amended. It is the right of the State, in this case the Nigerian Navy, to introduce a new charge. The court must do justice. We have the right to come out with a new charge, and we have done so", Ikponmwen said. Chief Bayo Ojo, SAN, current President, Nigeria Bar Association (NBA), lead counsel to Bob-Manuel, however, stated that the charge was over-reaching and that leave of court must be sought and obtained before a new charge can be read to the accused and his plea taken. The prolonged argument drew the intervention of the Panel President, Rear Admiral Joseph Ajayi and the Judge-Advocate, Colonel John Audu. While Audu, backed by Ajayi, ruled that the new charge be read (which was done), Bob-Manuel was prevented from taking a plea by another defence counsel, Colonel Bello Fadile (rtd.). Fadile said the charge was not clear on the issue of negligence causing the loss, that it has complied with constitutional provisions, and does not carry the signature of the convening authority (Chief of Naval Staff, Afolayan). Ajayi, who adjourned for 15 minutes to allow all parties, including the Judge-Advocate produce authorities backing up their submissions, later changed his decision on the issue. Audu, who agreed that prosecution can amend the charge at this stage while acting on behalf of convening authority, however, said Section 68(1)(a) of the Criminal Code, under which the new charge was brought, was faulty since it does not talk about negligence causing any loss. "The charge is in-elegantly framed and in my view, it should not be allowed", he said. Ajayi therefore ruled, "the charge is faulty and so the charge is thrown out. Prosecution should continue with the 2nd count". Prosecution then called witnesses to ascertain the veracity of the two other counts against Bob-Manuel and give evidence on the issue of prejudicial conduct to service discipline and dis-obedience to particular orders. Those called included Navy Captain George Alily, Commanding Officer (CO) NNS Beecroft, and Commodore Musa Ajadi, former Chief Staff Officer (CSO), Western Naval Command, and current Acting Flag Officer Commanding (FOC) Western Naval Command. Meanwhile, a civilian prosecution witness, Dr Oladipupo Ajiboye of the NNPC, narrated how a test carried out on the contents of the missing vessel revealed 98 per cent water. Ajiboye said that prior to the Naval authorities informing NNPC about the vessel, he and his colleagues had gone to Lagos to verify the contents of some of the intercepted vessels including MT Efiyo, Mt Capriton and MT Betalon. He, however, said his team could not visit MT African Pride on their first visit because it was not anchored at the high sea. "On the second visit, my colleagues boarded African Pride and took samples of the content, which was analysed to be crude oil. On the third visit, we sought and got approval of Associate Survey and Adjuster (ASA), an independent organ for testing and analysing the content of the vessel. Their findings revealed that the content was 98 percent water and 2 percent crude oil", he said. Ajiboye stated that the oil content contaminated was 6,499.2 cubic meter or 40,883.20 barrels of crude oil. He added that because the 2 percent crude was contaminated, it was sold for $24.86 per barrel, though he could not state the exact total cost. When asked to produce the record of transaction, Ajiboye said he could not, because it was not in his possession, but in NNPC office in Abuja. He also revealed that NNPC never submitted any report to the Navy since there was no request. One of the prosecution witnesses, O.S. Attam (a Naval Rating), who had earlier testified in the first count failed to appear in court to testify against Bob-Manuel in the other counts, even when called by prosecution to do so. His absence led to an adjournment of Bob-Manuel's defence till Friday, December 3, while Kolawole (2nd accused) is expected to begin his own defence today, and Agbiti, Thursday, December 2.
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