LAGOS—AS the trial of 13 Russians who are facing a two count charge of carrying 11,300 metric tones of crude oil out of the country, valued at over N345 million without lawful authority continues before a Federal High Court sitting in Lagos today, Eminent lawyer, Professor Ben Nwabueze (SAN) has said that the Nigerian authorities do not have the jurisdiction to arrest the said Russians and their vessel, ‘MT Africa Pride last year.
He also contended that the Federal High court sitting in Lagos does not have the jurisdiction to entertain the charge brought against the accused persons, as the offence which they (Russians) were alleged to have committed was not committed within Nigeria’s territorial waters.
Prof Nwabueze, who is to give evidence before the court as amicus curiae (friend of the court) at the resumed hearing of the matter with the leave of the court said “the accused persons in the present case are all non-citizens of Nigeria as indicated in their statements to the police (proof or evidence) and are not under the protection of Nigeria government and own no reciprocal duty of obedience to its criminal laws and are being tried for offences that took place in a foreign territory, i.e outside Nigeria’s territory which ends at low-water mark”.
“At common law, according to the principle laid down in the case of Papyammi Vs Russian steam Navigation and Trading Company (The Laconia), (1863), 2 Moo P.C. (N.S) 161, the court has no jurisdiction over them. However, the Territorial Waters Act now subject foreigners, i.e non-citizens of Nigeria to the jurisdiction of Nigeria courts for an offence that took place outside Nigeria’s territory, i.e in a foreign territory, provided the place where the offence took place is within Nigeria’s territorial waters, i.e 12 nautical miles from low-water mark”.
Further he argued that “as the offences charged in this case took place some 18 nautical miles outside Nigeria’s territorial waters, the court has clearly no personal jurisdiction to try the charges against the accused persons, and it lacks territorial jurisdiction in the matter. All what is said above assumes again that territorial Water Act is constitutionally valid; if it is not; then the position remains as at common law; in either case, at common law as under the Act, the court has no jurisdiction”.
According to him, “In particular, the decision in RVs. Keyn and RVs De Mattos supra, apply. If M/T Africa Pride is a foreign ship, it cannot be subjected to the criminal jurisdiction of Nigeria courts for an offence that took place outside Nigeria’s territorial waters, at a place about 18 nautical miles outside her territorial waters”.
Meanwhile, the court will also hear the application by counsel to the Russians, Chief Emefo Etudo, in which he is seeking the leave of the court to invite Prof Nwabueze to appear in court to give evidence as amicus curiae. He averred in a nine paragraph affidavit in support of the application that the only way Prof Nwabueze can appear to give evidence is by the leave of the court and is urging the court to grant same.
