Nigeria and Switzerland have moved to deepen the bilateral relations between both countries as they mutually opted for an amicable resolution to a recent maritime dispute that transpired on Nigeria’s territorial waters.

Attorney General of the Federation and Minister of Justice, Abubakar Malami said on Friday, July 2, 2021, that Nigeria has exhibited good faith in the implementation of its part in the Memorandum of Understanding (MoU) with Switzerland by the unconditional release of vessel, MT SAN PADRE PIO to Switzerland.

He came up with this while handing over the said vessel to its captain, Shajedul Islam, and the Nigerian partners, Blue Sea Maritime Services Limited, on behalf of Switzerland, aboard the vessel on Friday, July 2, 2021, along the Bonny River near Onne, Rivers State.

Malami was represented by an official in the Ministry of Justice, Dr Francis Oni, who was accompanied by the Commander, Nigerian Navy Ship (NNS) Pathfinder, Commodore Abdullahi Ahmed, Dr Samuel Ojo of the Federal Ministry of Foreign Affairs, Abuja, and the Commanding Officer, Nigerian Navy Forward Operating Base (FOB), Bonny, Captain Rafiu Oladejo.

The vessel, MT SAN PADRE PIO, an oil and chemical tanker built in 2012 with International Maritime Organization (IMO) registration number: 9610339 and sailing under the flag of Switzerland, was arrested by the Nigerian Navy Forward Operating Base (FOB), Bonny, on January 23, 2018 alongside its captain, Shajedul Islam, and crew of 16 Ukrainian nationals while carrying out a ship to ship transfer of gas oil in the middle of the night.

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The Nigerian Navy said it arrested the vessel for illegal entry and transport of gas oil into Nigerian territorial waters without permit as its captain and crew failed to produce relevant documents certifying the vessels to operate within the Nigerian maritime space.

Speaking to Journalists aboard the MT SAN PADRE PIO shortly after the handover, Malami disclosed that the handover of the vessel was the culmination of a three year long process that involved the then Vice President and now President of Switzerland, Guy Parmelin, and Nigeria’s Vice President, Professor Yemi Osinbajo holding high level talks that resulted into the signing of an MoU between both countries on Thursday, May 20, 2021.

According the Attorney General and Minister of Justice, both countries resorted to amicably settling the matter through diplomatic channels when other options failed.

“MT San Padre Pio was caught transferring gas oil into another ship on Nigerian waters in the middle of the night without permission from relevant authorities. The MT SAN PADRE PIO and its crew members were charged to the Federal High Court sitting in Port Harcourt, Rivers State.”

“Unfortunately, the Swiss government, probably not understanding how the system of Nigeria works, instituted a court action. The Swiss government sought the prescription of provisional measures at the International Tribunal for the Law of the Sea (ITLOS) in Hamburg, Germany.”

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“Thereafter, the ITLOS made a provisional ruling requesting Switzerland to issue in favour of Nigeria, a bond of $14 million. The court also requested Switzerland to enter into an undertaking that is binding under international law, to produce the suspects whenever their presence was required by the court,” he said.

Malami further revealed that based on the ruling of the ITLOS, Nigeria was required to release the vessel, pending final determination of the tribunal, adding that the Federal Government later discharged and acquitted the sailors while some members of the crew stayed onboard to maintain the vessel.

Snag, however, was that in spite of Nigeria’s willingness to comply fully with the ruling of the ITLOS, Switzerland was unable to fulfil the conditions given by the tribunal, hence further detention of the ship.

“Subsequently, the then Vice President and now President of Switzerland, Guy Parmelin, and Nigeria Vice President Osinbajo entered into high level talks. Both vice presidents held talks for the two countries to amicably settle the matter through the diplomatic channel.”

“The talks culminated in the signing of a Memorandum of Understanding (MoU) on for the unconditional release of MT San Padre Pio to the Swiss government.”

“The MoU also stated that after its release, the vessel would depart Nigeria’s maritime space, while the Swiss government would proceed to withdraw the suit from the tribunal,” he explained.

Also speaking, the Commander, Nigerian Navy Ship (NNS) Pathfinder, Commodore Abdullahi Ahmed, clarified that in furtherance of its mandate to protect the nation’s maritime environment, the Nigerian Navy can arrest international vessels which enter Nigeria’s territorial waters without relevant permits.

Commodore Ahmed, who jointly signed the handover documents with others, said after the arrest of such vessels the defaulting ships were handed over to the appropriate agencies for investigation and possible prosecution.

“This is because illegal entry into any country’s maritime space without permission from relevant authorities is a very serious offence. So, the Nigerian Navy is on high alert to prevent illicit vessels from entering the nation’s waters to carry out illicit activities such as oil theft and illegal fishing, among others.”

He pointed out that the international waters could not be policed by one country alone, collaborations among maritime countries to keep the maritime environment safe and secured was necessary.