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Missing Vessel: Counsel’s Remark Angers Panel
By Abimbola Akosile and Oghenekevwe Laba, 12.11.2004
A seven-man military court-martial panel sitting over an on-going trial of three top Admirals in the Nigerian Navy, was yesterday advised to desist from taking over the prosecutor's job in the 44-day old matter. However, the panel had condemned the comment in the strongest terms and issued a stern warning to all counsel in the trial, to prevent future occurrence. Also, the National Maritime Authority (NMA) had insisted that it registered only one vessel under the name MT African Pride, though they revealed in open court that the ship has since been released from arrest. 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. Above-mentioned comment was made at the trial courtroom in Officers' Mess, 81st Division, Nigerian Army, Ikoyi, Lagos, by senior counsel to Kolawole, Rear-Admiral Lanre Amusu (rtd.), in his quest to tender some allegedly crucial but un-certified documents in court, which was objected to by prosecution counsel. Lt. Commander Chris Anushiem and refused by court. Amusu, who was leading Kolawole's 2nd defence witness, Rear-Admiral Samson Okee (Flag Officer Commanding, Naval Training Command - FOC-NAVTRAC) in evidence, sought to tender some signals concerning the dates Kolawole was appointed out of Western Naval Command (WNC), Lagos. Kolawole and the other two accused officers have since been transferred to NAVTRAC from their previous appointments. However, court reacted angrily to Amusu's comment, adjourned for five minutes to deliberate on the matter, and returned to deliver their decision to all counsel present. Opening the response, the panel's Judge-Advocate (JA), Colonel John Audu said, "court has observed that on many occasions, attempts have been made to directly ridicule this honorable court, and we have had to warn counsel on this. It does appear that rather than behaving as required by professional ethics, the situation is not improving". "Some of these misdemeanor is as a result of inexperience whereby green-horns are called to handle cases. In the process, a lot of faulty steps has occurred. I want to warn leading counsel that this court feels bad about the insulting language counsel has been using. I don't think senior counsel at the Bar have fallen into this inchoate errors", Audu lamented. "Court frowns seriously at the comment that the court is taking place of prosecution counsel. Steps should be taken on behalf of leading counsel to ensure that such conduct do not take place again. The court should not be pushed to the wall", he said. Ruling, panel President, Rear-Admiral Joseph Ajayi said, "JA has spoken court's mind on the points of law. At the beginning, we had promised to be fair and I do not think we have deviated. We will not accept it that counsel should be abusing the court. If we allow you to use this statement now, this is the last, last warning. Please take note. We are all gentlemen and should behave so". Amusu thereafter apologised to the court. "We have not in any way brought this court into disregard, disrepute and dis-respect. I want the court to take my unreserved apology. I did not intend to disparage this court, I was only doing my duty. I have held this court with the greatest respect and I will continue to do so", he said. Anushiem also apologised on behalf of prosecution. Concerning MT African Pride, a defence witness representing the National Maritime Authority (NMA) also told court that the body registered only one vessel under that name, and that the vessel has since been released from arrest. The witness, Miss Glory Uvere, NMA's Registrar of Ships, told the court that the vessel named MT African Pride is a motor tanker (which can carry liquid cargo) registered in April 5, 1995 to International Maritime Cargo Services (based in Lagos). Official number of the vessel was given as 376758, while the call sign was 5NYC. Uvere, in response to examination by Mr. Lekan Shofolahan, one of Kolawole's senior counsel and cross-examination by Anushiem, revealed that a vessel charterer, Ocean Handlers Limited wrote a letter to NMA sometime in May this year, asking the Authority to confirm to Nigerian Navy the status and relevant details of MT African Pride, in a bid to clear arising confusion caused by another vessel said to be bearing the same name, which was then under Navy arrest. She claimed this was done and NMA wrote to Navy, specifically Western Naval Command as dictated by Ocean Handlers, and also revealed that a vessel named MT African Pride had requested permission from NNS Pathfinder to berth at the Okrika jetty in Rivers State on April 30, this year. Claiming she did not visit or see the ship before registration, Uvere disclosed that the vessel's owners later called her to say their vessel has been released, though she could not tell court the current location of MT African Pride. An attempt by defence counsel to Kolawole to bring in the Deputy Chief Registrar (DCR), Federal High Court, Lagos, was frustrated yesterday as the panel refused to allow her give evidence on the grounds that the witness, Mrs. Rosemary Oghoghorie knows nothing about MT African Pride. The DCR , who lasted less than 10 minutes in the witness box, could only reveal that a two-count charge was brought before her to file, before an objection was raised by prosecution and she was asked to go by the panel president. It would be recalled that Kolawole had filed an application at the same Federal High Court last week, asking court to grant a stay of proceedings in the ongoing military court-martial because his fundamental human rights had been allegedly abused. Court had issued a summons on the Chief of Naval Staff and some other respondents on the matter, and fixed December 21 for hearing. Further hearing in the Kolawole matter was adjourned till Tuesday December 14, while all accused officers will face joint conspiracy trial on Monday, December 13. 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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