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Stakeholders admonish NDLEA to be diligent in handling drug cases on board vessels to avoid wrong prosecution

Funso OLOJO

The National Drug Law Enforcement Agency (NDLEA) has been advised to consider reviewing its stance when drugs are found on board ships, as shipowners in most drug bursts do not have any connection to the importation of the drugs.

This was canvassed in a paper presented by Mr. Suresh Prabhakar, Director, operations, Pacific Basin Shipping Limited, Hong Kong at a maritime security conference organised by Maritime Security Providers Association of Nigeria (MASPAN) and Alumni of Maritime Academy of Nigeria (AMANO) in Lagos on Thursday.

The event with the theme “Drugs &human smuggling/Trafficking: the evolving maritime security threats to ships and seafarers” had an array of maritime practitioners and security experts in attendance.

Mr Suresh in his presentation said that from February 2021 to July 2024, a troubling trend emerged in Lagos, Nigeria, as four bulk carriers laden with sugar from Santos, Brazil, became embroiled in drug-related incidents that have had far-reaching consequences for both the ship owners and the crew members.

Each of these ships was found to have significant quantities of cocaine on board, ranging from 18 to 43 kilograms, leading to prolonged detentions by the National Drug Law Enforcement Agency (NDLEA).

According to him, each ship faced four to six months of delays while investigations were carried out, only to be released after the owners posted substantial bonds ranging from $2 to $5 million.

He said that on average, ten crew members per ship were detained, and their bail was set at $40,000 per person, allowing them to stay in a hotel instead of a detention facility. However, this bail money, totaling $400,000 for ten crew members, did little to alleviate the psychological and emotional toll of their extended detention.

He maintained that the situation has been particularly dire for crew members on two of the ships, who were detained for approximately 20 months before being released after numerous court hearings. For the remaining two ships, the crew members are still detained in Lagos, with their court cases ongoing.

Shockingly, Mr Suresh said one crew has been in detention for 34 months, while the other has endured 13 months of confinement.

“The mental and physical scars such incidents leave on crew members and their families are immense,” a maritime industry insider commented. “Careers are often destroyed, leaving many families in severe financial and emotional distress.”

“The financial burden on ship owners is also significant. Beyond the bonds and legal costs, they must cover the crew’s salaries and the upkeep of their families during these extended detentions.

“The impact on the industry is profound, as owners are forced to reconsider trade routes to avoid the risk of similar incidents.

“Such cases adversely impact the ability of ship owners to engage in such trades,” the insider added. “Several owners and operators are now choosing alternative trade routes.”

Suresh stated that given the significant risks of drug smuggling on board ships and the challenges faced by crews and ship owners, there are growing calls for the NDLEA to reconsider its stance.

“It would be prudent for the NDLEA to adopt similar practical measures as in the USA, Europe, and Brazil.

” This would prevent unnecessary delays for ships and crews when drugs are found on board, as the consequences for them are very dire,” he said

Also speaking at the event, the Minister of Marine and Blue Economy, Adegboyega Oyetola noted that there has been a troubling increase in Maritime threats, particularly those related to drugs and human trafficking.

Represented by Mr Heaky Dimowo, a Director of Marine Environment Management at the Nigerian Maritime Administration and Safety Agency (NIMASA), the Minister stated that these activities are not merely criminal acts; they erode our social fabric, destabilize communities and challenge the law enforcement at sea.

“They pose a significant risk to the Maritime and Security of seafarers and vessels. Today we must confront the fact that our waters are increasingly viewed as a transit route to illicit activities.

“It is essential that we develop comprehensive strategies to address these evolving threats by leveraging technological innovations, enhancing our intelligence capabilities and fostering collaboration among critical stakeholders.

“Together, we can develop multifaceted responses that effectively combat these challenges”

In his welcome speech, the President of MASPAN-AMANO, Emmanuel Maiguwa described drug smuggling and human trafficking as transnational crimes that exploit both the points of origin and destination, and unfortunately, maritime transport provides the mobility needed to actualise these illicit crimes.

Maiguwa said that records from the United Nations Office on Drug and Crime (UNODC) have shown that West Africa is a transit region for narcotics mostly emanating from South America.

“With recent incidents involving merchant ships (excluding cases of drugs concealed in cargo containers) from South America to Nigeria rising to about four (4) within the last two (2) years, this maritime corridor proves to be providing mobility for this illicit activity.

“On the issue of human trafficking, records from Africa Risk Compliance (ARC) show a significant number of incidents where stowaways have been discovered on ships calling Nigerian ports. Take note that these are discovered cases only.

“While we may not present specific records linking stowaways to drug smuggling operations, it is of great concern that drug traffickers could potentially collaborate with stowaway networks.

“This partnership could lead to a coordinated effort to use stowaways as couriers, moving drugs from West Africa to Europe,” he said

Maiguwa said that both MASPAN and AMANO is in support of the fight against all forms of trafficking and smuggling, including Drugs and humans.

“We are mainly focused on addressing responses to these crimes as they occur within the maritime corridor.

“We aim to ensure that perpetrators of these crimes are apprehended and fully punished of the law without subjecting the innocent to unnecessary difficulties that are counterproductive to the growth of shipping”

“The cost burden of a stowaway incident can vary based on discovery location, the distance the ship has sailed to, the number of the stowaways, the off-hire period to offload, and many other factors. In cases where the ship has reached a foreign destination, repatriation expenses can easily cost hundreds of thousands of US dollars, depending on the time taken to process and return and the stowaways.

“Should Nigeria be fully recognised as a destination with such difficulties in handling cases of drugs found on ships and poor port-ship access control, the shipping industry is expected to always respond to defend and protect itself with measures.

“An example is the War Risk Insurance premium, which is a response to risks such as piracy,” Maiguwa said

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NIMASA pledges to priotise safety of dockworkers

Funso OLOJO

The Nigerian Maritime Administration and Safety Agency (NIMASA) today declared that the safety of dockworkers in their workplace is a right and not a privilege, and urged employers of labor to renew their commitment to improved workplace safety for the Nigerian dockworker.

The Agency’s Director General, Dr. Dayo Mobereola, who made the declaration in Lagos during the 2024 Day of the Dockworker commemoration event, stated that efficiency in the workplace can only be guaranteed when the safety of dockworkers is assured.

Mobereola, whose address was delivered by the Agency’s Executive Director of Maritime Labour and Cabotage Services, Mr. Jibril Abba, assured stakeholders that under his leadership, the Agency will endeavor to create an environment that enables maritime labor to function according to international best practices.

In his words “NIMASA is committed to supporting you with the tools, resources, and training necessary to enhance efficiency.

“By working smarter, we not only boost our productivity but also ensure the sustainability and competitiveness of our maritime industry on the global stage.

Mr. Abba also announced the launch of the Reviewed Minimum Standard for Dock Labour Industry booklet at the event, stating that, “It is very instructive that we have concluded, as part of the activities of this great day, to launch a document that encapsulates our commitment as an Agency to ensuring that Nigerian dockworkers are treated fairly by the terminal operators and stevedoring companies.”

He added that, “This document codifies the implementation of approved conditions of service and collective bargaining agreements on minimum standards.”

The President General of the Maritime Workers Union of Nigeria (MWUN), Comrade Adewale Adeyanju, used the occasion to advocate for employers at the port terminals to provide insurance policies for dockworkers and their families.

MWUN also called on the Nigerian Maritime Administration and Safety Agency (NIMASA) to focus on regulating and compelling terminal operators to ensure that the health and welfare of dockworkers are prioritized.

Adeyanju noted that the inherent risks associated with cargo handling and their unique operations must be considered in line with their well-being.

In his words “As a union, we strongly urge the terminal operators to prioritize the safety and wellbeing of dockworkers by providing adequate Personal Protective Equipment.

” We further advocate for employers to provide group life insurance coverage to all dockworkers, recognizing the inherent risks associated with cargo handling and their unique operations”.

On his part, the Managing Director of the Nigerian Ports Authority (NPA), Dr. Abubakar Dantsoho, noted that the dock labour industry is a force to be reckoned with.

In his paper presentation, delivered by the General Manager of Marine and Operations, NPA, Dr. Charles Okaga, Dantsoho called on other government agencies to support dockworkers in capacity building for effective port terminal operations.

In her address, Chairperson of the Seaports Terminal Operators Association of Nigeria (STOAN), Princess Vicky Haastrup, described dockworkers as unsung heroes but commended NIMASA for recognizing their contributions.

Headlines

Exclusive: The real reason why Effedua resigned as Rector, MAN, Oron

Funso Olojo

On November 13th, 2024, Commodore(rtd) Duja Effedua, tendered his letter of resignation as the Rector of Maritime Academy of Nigeria(MAN), Oron, to the Minister of Marine and Blue Economy, Adegboyega Oyetola, in a dramatic way that left maritime stakeholders dumbfounded.

They were shocked at Effedua’ s sudden resignation because of several reasons.

Firstly, Effedua still has over one year in his 8 – year tenure .

He was first appointed by the former President Mohammad Buhari in 2017 and subsequently reappointed for a second term in office in September, 2021.

Also, Effedua had run an impactful and effective administration as he repositioned the Nigeria’s apex maritime training institution which he patterned along the international maritime organization(IMO) model for maritime training institutions.

He has also cleaned the institution of its age- long rot, boosted the morale of staff through impressive welfare packages and thrust the institution into the global recognition.

More intriguing was the fact that Effedua was then just appointed by the Minister as a member of the high- powered ministerial committee to drive Nigeria’s reelection bid for the IMO category C seat.

Why then will a government appointee, despite his high performance and efficient service, resign when he still has over a year to complete his tenure, a decision alien to the culture of sit- tight syndrome of government appointees who dig in their feet even against overwhelming allegations of incompetence.

However, our reporter has stumbled on the real reason why the high- performing Rector signed.

Even though, the retired Commodore attributed his sudden decision to “personal reasons” but sources close to the former Rector whispered to our reporter that Effedua resigned because of his opposition to the controversial Nigeria Coast guard bill currently before the National Assembly.

It was alleged that the ministry of Marine and Blue Economy is hell- bent to have the bill sail through the national Assembly.

Even though, it could not be independently confirmed yet why the ministry has such high interest in the passage of the bill( other than the proposed body will domicile under it), despite the overwhelming opposition of the maritime stakeholders, it was however gathered that the Ministry instructed all the heads of the agencies in the industry, to support and buy-in to the ministry’s crusade of getting the bill scale through the national Assembly.

It was gathered that prior to the Public hearing of the bill at the National Assembly which held on December 9th, 2024, the ministry has convened a meeting in November with all the heads of the maritime agencies which include the Nigerian Maritime Administration and Safety Agency(NIMASA), Nigerian Ports Authority ( NPA), National Inland Waterways Authority( NIWA), Nigerian Shippers’ Council and Maritime Academy of Nigeria(MAN), Oron.

At the meeting, the heads of these agencies had allegedly been mandated to support the passage of the bill.

It was further learnt that though most of these heads of the agencies have their reservations against the bill because of its potential to create bad blood among other agencies such as NIWA and NIMASA and create over lapping functions with the Nigerian Navy, but they lacked the will power to voice their opposition for fear of reprisal action from the ministry.

It was further alleged that NIMASA was particularly uneasy with the bill as it is being speculated that the agency may fund the NCG if the bill eventually trasmutes into an Act.

So all of the heads of these agencies alleged swallowed their opposition and grudgingly accepted to support the crusade.

However, sources close to the meeting claimed that it was only Duja Effedua, who allegedly voiced our his opposition to the bill, giving his reasons why the proposed legislation may not be in the best interest of the Nation.

As a Naval officer, though retired, he explained the implications of having another body in the maritime space which may spark off unhealthy rivalry with the Nigerian Navy.

Knowing the consequences of his act of bravery, the ex- Naval officer was said to have later tendered his letter of resignation to the ministry of Marine and Blue Economy.

Though he said his decision was personal, but Effedua alluded to what may befall him if he fails to throw in the towel.

” It is best to leave when the ovation is loudest, not when they ask you to leave” he has told reporters who were pestering him for his reasond shortly after his resignation.

Headlines

Opposition mounts against Nigeria Coast guard bill

— as Navy, lawmakers, maritime lawyers shoot down the bill.

Funso OLOJO

Concerned maritime experts and other stakeholders have mounted a groundswell of opposition against the Nigeria Coast guard bill currently before the National Assembly.

The bill seeks to establish a military service which is a branch of the Armed Forces of Nigeria to ensure maritime safety and which will domicile under the ministry of Marine and Blue Economy.

At the public hearing held at the Library of the National Assembly complex on December 7th, 2024, the introduction of the bill met stiff opposition from majority of speakers at the event.

Despite the attempt of the Minister of Marine and Blue Economy, Adegboyega Oyetola, to deodorize the bill, stakeholders picked holes in the proposed legislation.

In his presentation, Oyetola acknowledged the roles of the Nigerian Navy in safeguarding the Nigerian waters but believed that the establishment of the Nigeria Coast guard will complement these roles.

“The state of boat accidents on Nigerian inland waterways is also a justification for the need to strengthen our maritime safety and enforcement of our maritime laws and regulations in inland waterways” the minister submitted.

But majority of the speakers at the public hearing disagreed with the minister.

The Chief of Naval staff represented by Olusegun Ferreira, said the proposed creation of Nigeria coast guard will lead to duplication of functions on the Navy.

According to the Chief of Naval staff, Nigeria is currently enmeshed in a challenge of myriad of overlapping and duplication of functions of government agencies and the establishment of Nigeria coast guard will only compound the problem.

Adams Oshiomole, a Senator representing Edo North, asked what the proposed body will do differently from what Navy is presently doing.

Philip Agbese, a member of the house of representatives retorted” the bill on coast guard should return to where it has come from”

Emeka Akabogu, a maritime lawyer, gave the position of the Nigeria Maritime Bar Association on the bill.

According to him, the bill is not in the best interest of the country.

Stakeholders were unanimous in their submissions that creating Nigeria Coast guard negates the efforts of President Bola Ahmed Tinubu to reduce the costs of governance in the country.

However, the Chairman, Senate committee on Marine and Transport, Wasiu Eshilokun , who is also the sponsor of the bill, said the public hearing was held to eliminate over lapping functions in the bill.

However, sources claimed that the ministry of Marine and Blue Economy is pushing hard to ensure the bill scales through despite the overwhelming opposition from the industry stakeholders.

It was learnt that the Ministry’s position, which was described as selfish, was predicated on the fact the the proposed Coast guard will be domiciled in the ministry while it may be funded by the Nigerian Maritime Administration and Safety Agency(NIMASA).