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I Arrested Fake MT African Pride –Witness
By Abimbola Akosile and Oghenekevwe Laba, 12.09.2004
Missing Vessel
Commanding Officer, NNS Nwamba, Navy Captain Joe Aikhomu, yesterday told a military court martial conducting the trial of three top Admirals in the Nigerian Navy, that oil bunkering vessel, MT African Pride arrested on October 8, 2003, was ‘fake’. The vessel which disappeared from Navy custody and for which three Admirals are facing trial is registered as MT Jade, though the name MT African Pride was painted on its bow. The three officers on trial for alleged involvement in the disappearance of the vessel, 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. Speaking at the trial courtroom in Officers’ Mess, 81st Division, Nigerian Army, Ikoyi, Lagos, Aikhomu, first defence witness for Kolawole, led in evidence by Rear-Admiral Lanre Amusu, said there was another vessel known as MT African Pride, even although the Navy arrested only one ship bearing that name. Following exchange ensued: Amusu: How many MT African Pride were arrested by the Navy? Witness: One Amusu: Is the arrested vessel the one that has been generally referred to as MT African Pride? Witness: No Amusu: Which one did you arrest? Witness: The fake one Amusu: Where is MT African Pride? Witness: I wouldn’t know. The ship I arrested and brought to Lagos is being referred to as the missing ship. Aikhomu said the documents he collected from the vessel while at sea showed MT Jade on every page, adding that the vessel’s crew disclosed that there had been name change. “The name on the outside is MT African Pride, but the documents are reading MT Jade. By documents, she is MT Jade, by visual observation, she is MT African Pride”, he said, adding that the signal he sent to the FOC-West concerning the vessel bore the name, MT African Pride. Aikhomu, who told the court about various signals sent to and from his ship to NNS Beecroft (Naval Base) and between FOC-West to NNS Beecroft, also revealed that a test was carried out on the arrested vessel’s cargo, the result of which eventually turned out to be crude oil. Admitting that there was crude oil on board the vessel, which the log-book disclosed to be 11,300 tonnes, Aikhomu insisted that the cargo was intact when the ship was brought to and anchored in Lagos. He said because of its size, the vessel was anchored at the outside bar rather than at the Commodore’s pool. He said he was directed by the FOC-West to hand over the vessel to NNS Beecroft, which took care of its security. However, lead prosecution counsel, Brig.-Gen. Idada Ikponmwen, asked the court martial to restrain the House of Representatives Committee on Navy from continuing with the public hearing on the missing vessel. He said the investigation being carried out by the National Assembly Committee was subjudice, and that the court should be wary of accepting press publications on the matter. Ikponmwen also objected to an application by defense counsel, Colonel Bello Fadile (rtd.) to admit a Nigerian Tribune newspaper publication of September 13, 2004, wherein the Inspector-General of Police, Mr. Tafa Balogun, had presented a report to the House of Representatives Committee on the missing ship, MT African Pride. “The fact is that National Assembly has been carrying out investigation on a matter that is subjudice. A military court is a military court and any comments on a matter that is before the court is strictly contemptuous. While it is true that defense has laid a foundation for the exhibit, it is counter-productive to give approval to this exhibit”, he said. “Court should be wary of the danger of involving press publications in the matter, and should avoid such. The law is clear that when a matter is before the court, all comments should be held in check so as not to be subjudice. Someone should have called the National Assembly to order. Even if it is not, the court should not approve of what is going on there. I have spoken in utmost good faith and done my duty to the court,” he added. Responding, Fadile said, “House Committee on Navy has the right of oversight, as empowered by the Constitution. Proceedings are in no way held in contempt of the court. This court has the power of punishment, National Assembly can only make recommendations or pass laws. “Questions of contempt should not arise. The Committee started sitting before the Navy did anything. We should not do anything to present an image that the military is a sacred cow. The National Assembly is right, this court is right”, he added. Panel’s Judge-Advocate, Colonel John Audu, said, “court should disregard in its entirety the issue concerning the National Assembly. Issues before National Assembly are not judicial issues. Issues here can be subjudice. At the National Assembly, it is not. Newspaper extract was properly tendered. Admissibility is one thing, weight of evidence tendered is another thing. Counsel should have addressed this issue at the final closing stages, and not to distract the court”. The exhibit was admitted and questions asked on it from the 1st defence witness, Bob-Manuel himself. Closing his testimony, the accused officer told the court, “I have spoken the truth and I am aware only the truth can set me free. These are very honourable men and they lay the premium on truth. I expect them to set me free”. Three more witnesses testified in the Kolawole defence. These included Commodore P.S. Adeniyi, Director of Administra-tion and Logistics, Defence Intelligence Agency (DIA), who spoke on the matter of security detail on board all arrested vessels. Second defence witness, Rear-Admiral Abdulrazak Adesokan, Navy Secretary, also stated the role he played concerning the report of a Board of Inquiry (BoI) Kolawole set up on the missing ship. Last witness, Commander Michael Ebe, Staff Officer 1, Operations, Headquarters, Western Naval Command, also told the court of his role concerning taking of minutes of Ops meetings held by the FOCs, and his failure to submit a draft to either Bob-Manuel or Kolawole during their tenure as FOC-West. Panel members questioned Ebe on the practice of not showing any draft of meetings to FOCs, and advised him to change it. Further hearing in the matter was adjourned till 12.00noon on Friday, December 10. Proceed-ings ended around 3.45pm. Panel members included Rear Admirals Joseph Ajayi (President), Amos Adedeji (member), Christopher Ehamo (member ), Anthony Oni (spare member), Colonel John Audu (Judge-Advocate), Air Vice-Marshal Samuel Odesola (member), and Major General Patrick Akpa (member).
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