TACKLING PIRACY AND OTHER ILLEGAL ACTIVITIES IN NIGERIAN WATERS
Uchenna Jerome ORJI LL.B (Hons.), University of Nigeria; LL.M, University of Ibadan, Barrister and Solicitor of the Supreme Court of Nigeria
Nigeria has continued to attract international attention as a hot spot of maritime insecurity due to rising incidents of piracy and attacks against maritime assets. This article briefl y discuses the challenge of maritime insecurity in Nigerian waters and suggests some responses that will enhance a remediation of the problem.
Key words: national security; Nigeria; Gulf of Guinea; economic security; piracy; maritime security. 1. INTRODUCTION of piracy and acts of maritime insecurity in Africa [5] - coming after Somalia in Nigeria presently accounts for the Gulf of Aden, which has now gained a large volume of cargo and vessel international notoriety as one of the traffi c in the Gulf of Guinea and also hottest spots of piracy in the world [6]. in the West African Sub-region [1]. The United Nations Convention It is estimated that 96% of Nigeria’s on the Law of the Sea (UNCLOS) import cargoes are transported defi nes “piracy” as of any of the through maritime channels [2]. following acts: Nigeria is also a major producer and “(a) any illegal acts of violence or exporter of crude oil and natural gas detention, or any act of depredation, with a majority of oil and gas reserves committed for private ends by the crew located in the Niger River Delta and or the passengers of a private ship or offshore in the Bight of Benin, the Gulf a private aircraft, and directed: of Guinea and the Bight of Bonny [3]. (i) on the high seas, against Consequently, a large portion of the another ship or aircraft, or against infrastructure for the production and persons or property on board such transportation of oil and gas is located ship or aircraft; within the Nigerian maritime sector. This (ii) against a ship, aircraft, also underscores the strategic economic persons or property in a place outside importance of the maritime industry in the jurisdiction of any State; Nigeria. However, Nigeria has begun to (b) any act of voluntary attract constant international attention as participation in the operation of a ship a hot spot of maritime insecurity [4] due or of an aircraft with knowledge of facts to rising incidents of piracy and attacks making it a pirate ship or aircraft; against maritime assets in the oil and gas (c) any act inciting or of intentionally industry. Recent fi ndings indicate that facilitating an act described in sub- Nigeria records the second highest rate paragraph (a) or (b).” [7] However, the above defi nitions attacks reported in the Gulf of Guinea of the UNCLOS do not appear to between 2003 and 2007, 137 of the explicitly cover attacks against attacks took place in Nigerian waters. ships and maritime assets in In these attacks, it was also reported territorial or coastal waters. The that about 237 foreigners and dozens International Maritime Organization of Nigerians were kidnapped in sixty (IMO) attempts to provide a broad separate attempts [11]. Also between defi nition of “piracy” to include December 2005 and 2009, Nigeria acts of armed robbery against ships also recorded an enormous rise in or at sea which also encompasses piracy and other illegal activities attacks in territorial waters including in the form of oil infrastructure internal waters and on vessels in vandalism, kidnapping and militant port [8]. The International Maritime takeover of oil infrastructure located Bureau (IMB) also provides a broad in the costal areas of the Niger Delta defi nition of “piracy” as “an act of by militant groups. This state of affairs boarding or attempting to board caused some oil service companies any ship with the apparent intent to to withdraw from the country, while commit theft or any other crime and several multinational oil companies with the apparent intent or capability had to shut in production and declare to use force in the furtherance of that force majeure on oil shipments. act.”[9] Aside from explicit acts of Consequently, Nigeria’s oil production piracy as defi ned above, other notable capacity fell from 2.9 millon barrels forms of illegal activities on Nigerian per day to about 1.7 and 2.1 million waters include: smuggling, armed barrels per day [12]. Reports also extortion of vessels, kidnapping, indicate that the Nigerian Trawler oil infrastructure vandalism, illegal Owners Association (NITOA) lost oil bunkering and crude oil theft. In over 60% of their entire fl eet to this regard, “Nigerian waters” refers piracy between 2006 and May 2010, to the territorial waters of Nigeria causing many fi shing companies to including every part of the open sea close operations and even relocate to within thirty nautical miles from the other countries [13]. Following the coast of Nigeria [10]. Federal Government’s declaration of an Amnesty programme for the Niger 2. PIRACY AND OTHER Delta militants in December 2009 ILLEGAL ACTIVITIES IN there appears to have been a reduction NIGERIAN WATERS - THE in the spate of attacks against maritime STATE OF THE PROBLEM assets in the oil and gas industry [14]. However, other forms of illegal To some extent, within the last activities such as smuggling, armed ten years, it appears that Nigerian robbery, armed extortion of vessels, waters have been characterized kidnapping of seafarers, illegal by the Hobessian law of the state oil bunkering and crude oil theft of nature - where life is nasty and appear to have continued unabated. brutish. A research published by the Between January and September United States Naval War College 2011, the Nigerian Maritime Security in 2010 indicates that, out of 178 Review reported over 31 attacks on international shipping assets within wage, as well as death and disability Nigerian waters- with most attacks compensation while within Nigerian concentrated in the Niger Delta, the waters [20]. The eventual result is Bakassi Peninsula and the Calabar that all these costs are transferred to River [15]. Also in the fi rst two months consumers in the form of high prices of 2012, the IMO reported 10 incidents for imported goods. of attacks against international shipping assets [16]. In September 2012, the 3. CHALLENGES AND IMB reported that about 37 foreign SOLUTIONS ships were attacked in Nigerian waters [17]. Additionally, the A major factor that is responsible International Energy Agency (EIA) for increased pirate attacks and also released a report in the month illegal activities on Nigerian waters of November 2012 which disclosed can be traced to underdevelopment that Nigeria loses about 7 billion US and poverty in the Niger Delta area. Dollars every year due to crude oil The failure of successive regimes to theft [18]. As a result of insecurity timely address underdevelopment, in Nigerian waters, Liberia, Norway poverty and environmental and the Panama Maritime Authority degradation in the Niger Delta have also raised their International enabled the emergence of several Shipping and Port Facility Security ethnic militant groups as self help (ISPS) Code Security levels from I to mechanisms for environmental and II for ships operating in the Nigerian political agitation and also for more a costal waters and ports [19]. Thus, equitable distribution of Nigeria’s oil acts of piracy and illegal activities revenues in favor of the oil producing on Nigerian waters pose grave areas. However, to a great extent, the challenges to national security and objectives of these militant groups economic stability and also constitute have been eroded by corruption and a hindrance to trade and investment greed. Militant groups now engage which is required for economic in organized criminal activities that growth in Nigeria. Due to maritime cause maritime insecurity such as insecurity, the transportation of goods pirate attacks, armed robbery, hostage through maritime channels is exposed taking, armed extortion of vessels, oil to higher risks which are also factored bunkering and oil theft [21]. These into shipping costs and marine groups easily recruit youths due to insurance premiums. For example, massive unemployment and the poor in April 2012, the International social economic situation in Nigeria. Bargaining Forum (a global labour It is noted that these militant groups federation for the transportation are usually backed by powerful industry representing 600,000 politicians, government offi cials seafaring members) designated the and members of the armed forces territorial waters of Nigeria as a high to engage in the theft of crude oil risk area due to pirate attacks. This [22]. Consequently, the government implies that seafarers have the right appears to lack the political will to to refuse to enter Nigerian waters and tackle acts of maritime insecurity are entitled to double their daily basic where such will affect the vested interests of these organized criminal the need for maritime security forces groups. Another major factor that to partner with coastal communities is responsible for piracy and illegal in securing Nigerian waters. The activities on Nigerian waters is that government will also have to improve the Nigerian Navy lacks the capacity funding and capacity building in to provide an effective and credible maritime security forces such as the deterrent for such acts. It is noted Navy, Air force, Customs and Marine that this lack of capacity is linked Police rather than contracting out to lack of planned and preventive the provision of maritime security maintenance, lack of equipments services to private security fi rms and spare parts, lack of adequate [25]. There is also the need to training (such as coxswain and implement effi cient radar coverage seamanship skills), lack of fuel, poor systems for Nigerian waters, as well maintenance of weapon systems and as technological systems such as poor supply of ammunition [23]. Community Vessel Traffi c Monitoring This state of affairs has also been Information Systems, Integrated linked to the overwhelming neglect Maritime Surveillance Systems with of maritime security forces in terms satellite communications solutions of funding and personnel strength and Automatic Identifi cation Systems when compared to land-based forces. for vessels, in order to enhance For example, a research published vessel monitoring, as well as the in 2010 revealed that the Nigerian early detection and prevention of Army has about 62,000 soldiers, pirate activity. It is imperative that while the Nigerian Navy has about Nigeria and other states in the Gulf 8,000 soldiers [24]. Another notable of Guinea consider establishing a factor is that the law enforcement viable multilateral naval security and justice systems are very weak framework to tackle the rising trend in Nigeria as there has not been any of piracy in the Gulf of Guinea. There remarkable effort to investigate or is also a need for law enforcement prosecute individuals suspected of authorities to investigate and taking part in or sponsoring acts of prosecute individuals suspected of piracy and other illegal activities taking part in or sponsoring piracy on Nigerian waters. This appears to and maritime criminality in Nigeria, have encouraged organized criminal as this will serve a deterrent. Finally, groups to continue their activities given that corruption has been with impunity. the bane of Nigeria, effectively Tackling piracy and illegal tackling piracy and illegal activities activities in Nigerian waters will in Nigerian waters will also require require the creation of employment the effective enforcement of anti opportunities and the improvement corruption laws and a high level of of social and economic conditions in patriotism from all stakeholders. the country especially in the Niger There is no doubt that piracy and Delta area. This measure will reduce maritime criminality have a great the continuous drift of youths into potential to cause enormous harm piracy and maritime criminality as a to national and economic security means to earn a living. There is also in Nigeria. This very fact underlies the need for the government to work International and Security Affairs: Berlin, towards addressing these issues with March 2011), p.5. [9] See International Chamber of a sense of urgency. Commerce, Piracy and Armed Robbery against Ships: Annual Report, 1 January– NOTES & REFERENCES 31 December 2006 (London: International Maritime Bureau, 2007), p. 3. [1] See Kennedy K. Mbekeani and [10] See section 1 (1) of the Nigerian Mthuli Ncube, “Economic Impact of Territorial Waters (1967). Maritime Piracy”, Africa Economic Brief, [11] See Arild Nodland, “Guns, Oil, (14 July, 2011) Vol. 2, Issue 10, p.7. and “Cake” Maritime Security in the Gulf [2] See Chioma Yingigba Jaja, ‘Freight of Guinea”, in Bruce A. Elleman, Andrew Traffi c at Nigerian Seaports: Problems and Forbes, and David Rosenberg, (Eds) Piracy Prospects’, Medwell Journals (2011) Vol. 6 and Maritime Crime Historical and Modern (4) pp. 250-258. Case Studies (Naval War College Press: [3] See Energy Information Newport, Rhode Island, USA, 2010),p.196. Administration (EIA), Country Analysis [12] See Energy Information Briefs – Nigeria (August, 2011). Administration (EIA), Country Analysis [4] See Adjoa Anyimadu, Maritime Briefs – Nigeria (August, 2011). Security in the Gulf of Guinea: Lessons [13] See Nigerian Ships and Ports Learned from the Indian Ocean (Chatham Communications Company, How NITOA House: London, July, 2013), p.4. Lost over 60% of Trawlers to Piracy in Four [5] See, F. Korthals Altes, et al, Years, (2010) available at