Nwabueze gives terms for role in trial of Russians
By Ibe Uwaleke
RENOWNED constitutional lawyer, Prof. Ben Nwabueze (SAN) expected to give expert opinion in the ongoing trial of 13 Russians on charges of oil bunkering may not attend the proceedings at a Federal High Court in Lagos today.
Nwabueze has said he could only attend the session as an amicus curiae (a friend of the court) and not as a "witness" in the case.
He said for that to happen, the party inviting him must obtain the leave of court to compel him to appear.
Following his terms, counsel to the Russians, Chief Emefo Etudor, yesterday filed a motion on notice, seeking for an order to invite Nwabueze on his terms to address the court on issues of the jurisdiction as raised in support of the defence of the Russians.
In a nine-paragraph affidavit in support of the motion and sworn to by one John Amah, a lawyer in Etudor's chambers, he said that his principal asked Nwabueze to come to court as the last witness of the defence to give expert opinion in respect of the subject matter.
Pursuant to this request, Nwabueze has prepared and dispatched a brief.
According to the deponent, the professor said that he had studied all relevant authorities on the subject requested and came to the conclusion that opinion of experts was not relevant on international laws or constitutional laws or municipal laws, but only on foreign laws, customary laws and ancient laws.
Based on this, he said Nwabueze told him that he would only give his opinion as amicus curiae with leave of court, which it has inherent jurisdiction to grant.
Etudor is likely to move the motion today and if granted by Justice Gloria Okeke, Nwabueze will appear at the next adjourned date.
The expert brief he is called to give will examine:
- whether at common law, the territorial jurisdiction of the court extends beyond Nigeria;
- whether the territorial jurisdiction of the court is extended by the Territorial Waters Act Cap 428, Laws of the Federation 1990 (as amended) beyond Nigeria's territory to the territorial waters as delimited by the Act; and
- whether the offence charged took place within Nigeria's territorial waters as so delimited;
- whether the territorial jurisdiction of the court is extended by the Exclusive Economic Zone Act, Cap 116 beyond Nigeria's territory to the exclusive economic zone as delimited by the Act, and whether the offences charged are offences made punishable under any of the provisions of the Act;
- whether the court has jurisdiction over the persons of the accused (personal is distinct from territorial jurisdiction), the accused persons being citizens, not of Nigeria, but of a foreign country, who were outside Nigeria's territory and outside its territorial waters at the time of the offence, and
- whether the court has jurisdiction over a foreign ship, M.T. African Pride, which was in anchor outside Nigeria's internal waters and outside its territorial waters at the time it was boarded and arrested by NNS Nwamba.
This evidence when given is to close the case for defence, which Etudor sought to buttress his case.
The Russians were arrested on October 8, last year at Forcados allegedly lifting over 11,300 metric tonnes of crude oil valued at N345 million.
