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Missing Vessel: Court Summons CNS, Others
By Chika Amanze-Nwachuku, 12.08.2004
The Chief of Naval Staff (CNS) Vice Admiral Samuel Afolayan, and eight others have been asked to appear before a Federal High Court, Lagos, to defend themselves in a case of alleged breach of fundamental human rights brought against them by Rear Admiral Samuel Babatunde Kolawole. But at the court-martial, Afolayanâ??s name has been removed from among the list of defence witnesses to testify before the court on the matter, as trial enters the 42nd day. The applicant (Kolawole) and two of his colleagues, Rear Admirals Francis Agbiti and Anthonio Bob-Manuel are standing trial before a court martial over the unauthorised release of an illegal crude oil vessel, M.T. African Pride. Kolawole brought the application through his counsel, Mr Babatunde Fashanu (SAN), contending that the CNS did not first comply with the provisions of the Armed Forces Act before convening the general court martial. Cited as respondents in the action are: The Nigerian Navy, the CNS, Rear Admiral Joseph Ajayi and four others. The summoned persons were neither present nor were represented at yesterday's proceedings. Counsel to the applicant, informed the trial judge, Justice Abdullahi Mustapha that all the respondents were aware of the proceedings but refused to appear in court. The judge then asked the applicant's counsel to address the court and thereafter ordered that the respondents should appear in court on December 21 to state their own case. Moving the fundamental rights application, Fashanu argued that the Armed Forces Acts provides that when there is an allegation against a commissioned Naval officer, the Chief of Naval Staff should first of all report and investigate the allegation as a condition precedent to court martial proceedings. He said, the CNS has the power under the Armed Forces Act Cap A 20 laws of the federation 2004 to set up a court martial but that he (CNS) did not comply with the section of the same act which provides for investigation before convening the general court martial. The counsel contended that the convening order setting up the general court martial to try the applicant is a breach of his right to fair hearing because such a court has not been established and constituted in such a manner as to secure its independence and impartiality. Fashanu also noted that the decision of the court martial will be confirmed by the Nigerian Navy Board, which the CNS will be a statutory member, by virtue of the provisions of the Act. He pointed out that this makes the CNS the convener of the court martial, the prosecutor and the Judge and that such situation will constitute a breach of all the principles of natural justice and fair hearing. He therefore asked the court to stay proceedings of the court martial, declare the order convening the general court martial null and void and restrain the respondents from constituting any such until the CNS complies with the provisions of the Act. At the court martial, name was removed from the previous 5-man list yesterday in a submission by Colonel Bello Fadile (rtd), senior counsel to Bob-Manuel (1st accused), on the grounds that there was no longer any need to invite the CNS, since whatever he has to say can equally be said by another denfence witness. Fadile, speaking at the trial court room in the Officersâ?? Mess, 81st Division, Nigerian Army, Ikoyi, Lagos, sought to amend the witness list and also told the court of efforts he had made to get 1st defence witness, Commander T.O. Ikoli (former Command Intelligence Officer, Western Naval Command) to appear to testify before the court. However, when Ikoli was not readily available, Bob-Manuel was called to the witness box, and led in evidence by Fadile.. Testifying over a three-hour period before lunch break, and two hours after lunch, accused officer told the court how the missing vessel, MT African Pride was arrested in Forcados (Niger Delta area) by a patrol ship, NNS Nwamba and brought to Lagos, where it was anchored at the open bar rather than at the Commodoreâ??s pool because of the vesselâ??s size. He also recollected how a civilian, identified simply as Sola, had approached him to release the seized vessel, telling him in a text message that the Navy Chief â??seems to be willingâ?? to approve the move. Sola, in his three text message, which the accused officer read to the court, also allegedly attempted to persuade Bob-Manuel with varying sums of $15,000, later increased to $100,000, in a bid to release the ship. The former FOC, West also told the court of how former Minister of State for Defence, Dr. Olu Agunloye, approached him twice on phone the same day, a week after Solaâ??s alleged visit, on the issue of MT African Prideâ??s release. According to Bob-Manuel, Agunloye said the CNS asked him (Minister) to see the FOC-West and have a word with him since the vessel was in his custody. The accused officer however claimed he referred the minister to get authorised approval from the CNS, or go to the Presidency. He also spoke about a Board of Inquiry (BOI) convened by him to investigate the MT African Prideâ??s crude oil cargo, and the findings of the board. Consequently, according to him, Lt. Commander M. Abubakar, who was drafted to the vessel from NNS Beecroft as Officer In Charge (OIC) during the period the crude oil was allegedly evacuated, was sentenced to a one-year jail term and recommended for dimissal from naval service, on November 26 in Lagos. Other issues the FOC-West spoke on included visit of the Russian embassy officials to him concerning Russian nationals on board the arrested vessel and attempts to secure their release, and the signals on the shipâ??s release, which was sent to him by Agbiti (3rd accused officer). Matter was adjourned by panel president, Rear Admiral Joseph Ajayi, till 9.00 am this morning.
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