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Missing Vessel: Afolayan May Appear Before Panel
By Abimbola Akosile and Oghenekevwe Laba, 12.04.2004
The hunter may soon become the hunted in the on-going trial of three Admirals over missing vessel. Yesterday, the defence counsel informed the seven-man military court martial panel that the convener of the trial, Vice Admiral Samuel Afolayan, who is also the Chief of Naval Staff, would be invited along with two other admiral to appear as witnesses. The three officers on trial for alleged involvement in the disappearance of an oil bunkering vessel, MT African Pride, 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 disclosure was made by Colonel Bello Fadile (rtd.), senior counsel to Bob-Manuel (1st accused) at the close of prosecution's case in his client's matter. Fadile, speaking at the trial courtroom in the Officers' Mess, 81st Division, Nigerian Army, Ikoyi, Lagos, appealed for more time to enable them study the case, wherein the panel had admitted an amendment to a previously thrown-out charge on negligence leading to ship's loss. Fadile claimed the defence team would have opened their defence of the original three previous counts, but that more time would be needed to enable them prepare effectively, in view of the new 4th count charge. The counsel, who urged court to adjourn the matter till Tuesday, December 7, further told the court his team has decided to call five witnesses to appear before the court. These are: Afolayan, Rear Admiral S. Okee, (FOC) Flag Officer Commanding, Naval Training & Command (NAVTRAC), Navy Captains O. Medani, Commanding Officer (CO), NNS Ambe, H.O. Ngonadi, CO, NNS Offiom, and Commodore T.O. Ikoli, former Commanding Intelligence Officer (CIO), Western Naval Command, and presently Executive Officer, NNS Ayam. Obviously surprised, panel president, Rear-Admiral Joseph Ajayi, adjourned the 1st accused's case, and based on reminders from other panel members, sought to clarify Afolayan's invitation before the trial. The following dialogue then ensued: Ajayi: Do you want the CNS to appear here? Fadile: Yes. Ajayi: Really? Fadile: Yes. Ajayi: All right, we (panel members) will discuss on that. During the second successive trial involving Kolawole, prosecution called only one witness, a civilian, Engineer Alexander Peters, a marine engineering consultant, to testify as a professional on the estimated value of MT African Pride. Peters, who claimed to be a surveying consultant to NNPC with 24 years of practice, told the court that the missing vessel, as at the time of its disappearance, would be valued at $2.2million, or N380 million. Giving the lost vessel's description as a modern tanker with a dead-weight of 16,000 tonnes and length of 98 metres, Peters however said the value may have changed if the ship had undergone any change since its disappearance. He also revealed that he had boarded the vessel several times, a point which defence team, lead by Mr. Babatunde Fashanu, SAN, took him up on. In the cross-examination, led by Rear-Admiral Olanrewaju Amusu (rtd.), it was revealed that Peters never boarded the oil-bunkering vessel, despite his claim to the contrary. Peters told court under cross-examination that MT African Pride was never registered on Lloyd's Register (international directory of shipping vessels), and had four previous names (which he could not readily recall). Amusu also revealed that there are three ships bearing the name 'African Pride' presently in Nigerian waters, and sought to prove that Peters, who claimed to have boarded the missing vessel last two years ago, did not know the value of the relevant MT African Pride; though Peters insisted he knew it. Lead prosecution counsel, Brigadier-General Idada Ikponmwen (rtd.), sought court's leave to amend the 6th count against Kolawole, wherein the value of the ship (now put at $2.2m) was to be added at the last paragraph. This had generated another round of argument, with the court eventually ruling in favour of prosecution and adding the said words. The new charge was thereafter read to the accused officer, who pleaded not guilty to it. Fashanu urged court to allow his team some time to also prepare for their defence, since they did not expect the prosecution to close their case at the time they did. Ajayi, panel president, then adjourned defence in the matter till 9.00am Wednesday, December 8, and asked that defence provide a list of their own witnesses. Among those to be called by Kolawole's defence team are Rear Admiral A. Adesokan of Naval Secretariat, Naval Headquarters, Abuja, Rear-Admiral U. Okee (also called by Bob-Manuel's defence team), Commodore P.S. Adeniyi, DAL, Naval Hqs, Captain J.O Aikhomu, Commanding Officer (CO) NNS Nwamba, Commodore I.E. Usman, CO Naval Fleet, NHqs, Commodore M.E. Ebe, Staff Officer 1, Operations, Headquarters, Western Naval Command (WNC). Others include Lt. Commander M.C. Abubakar, NNS Beecroft, and the Registrar, Federal High Court, Lagos. Incidentally, Abubakar was recently court-martialed, jailed for one year and recommended for dismissal from the Navy for his alleged role in the evacuation of the crude in MT African Pride's, estimated at $70million. In the last matter of the day, involving Agbiti, Idada announced a closure of the case without calling any new witness. However, defence counsel in the matter informed the court of his team intention to file a no-case submission at the next adjourned date, which if adopted may not require provision of a defence-witnesses' list. Ajayi, who adjourned the 3rd accused matter till 9.00am on Thursday, December 9, ordered the counsel to furnish the court with a list of witnesses to be called, regardless of the outcome on the no-case submission. Further hearing in the trial was thereafter adjourned till 9.00am, Tuesday, when Bob-Manuel would start his defence.
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