What is MT HEROIC IDUN?

• MT HEROIC IDUN is a very Large Crude Carrier (VLCC) with length-336m, width-60m, draught-11m, displacement-299995MT and IMO Number 98580.  It was built in 2020 and is currently sailing under the flag of Marshall Islands.

• The vessel is reportedly owned by Hunter Tankers AS, domiciled in Scandinavia, Norway, but operated by Trafigura Maritime Logistics situated in the Netherland.

Why is MT HEROIC IDUN in the news? 

• The vessel had arrived Akpo Oil Field Safe Anchorage Area operated by Total Energies for crude loading operations in the night of 7 August 2022. Based on intelligence intercept, the vessel was interrogated by the Nigerian Navy and later observed to be without appropriate authorization to operate and load in Nigeria as she was unable to provide her loading clearances, specifically the NNPC Ltd crude loading clearance and also the naval security clearance to operate in the Nigerian Maritime Space.

• In an apparent intent for crude loading at the export terminal, MT HEROIC IDUN was observed through electronic monitoring systems making apparent preparations for loading by proceeding into the Oil field 5nm Maritime Guard Zone and onto the approaches to the Single Buoy Mooring (SBM) without authorization, a zone which only Ships that are deemed cleared can enter. This act was considered to be a precursor preparations which is a known procedure for loading and thus an act considered illegal because she lacked the requisite clearances for loading crude oil on 8 August 2022.

• Based on this, the vessel was stopped from her action by Nigerian Navy Ship (NNS) GONGOLA which was on routine patrol shortly after midnight 8 August 2022. The vessel was thereafter directed to proceed to Bonny Anchorage for not having appropriate documentation for crude oil operations in Nigeria pending clarifications from relevant authorities as well as availability of documents.

• Thereafter, the Ship defied all lawful instructions including the threat of use of minimum force. Having realized the magnitude of her perceived intent, further exacerbated by the lack of appropriate documentation in the face of interrogations by the NN, the VLCC subsequently resisted arrest when ordered to stop her engines by NNS GONGOLA and the supertanker escaped towards the Nigeria – Sao Tome Joint Development Zone Area.

• It must be pointed out that at the time it was intercepted, the vessel was in ballast condition (empty) and had not lifted any crude oil from the oilfield. This was because she was compelled by the NNS GONGOLA to abort her intended mission of illegally lifting crude. Nonetheless, this was a clear violation of Nigerian maritime space by entry without authorization. She was also suspected for illicit activities around a Nigerian oil infrastructure and within Nigerian EEZ as such stands accused of breaking the sovereign laws of Nigeria at sea in many ways (see below).

• The vessel, following its initial encounter with Nigerian law enforcement authorities, subsequently sailed out of Nigeria’s waters deliberately towards the Nigeria-Sao Tome & Principe Joint Development Zone and into the Equatorial Guinea EEZ, seeking to flee while defying all lawful instructions.  

• The Captain of MT HEROIC IDUN defiantly contrary to usual norms for Ships/Aircraft to conform to lawful instructions in a sovereign country, informed the NN Ship through radio audio communication that he was told by the ship’s agents and owners to resist arrest and NOT obey any directives from the Nigerian authorities under any condition. This act was considered a brazen display of defiance by a foreign merchant ship against the Law Enforcement Authorities of Nigeria and thus, constituted an act of violation on Nigerian sovereign maritime space.

• In a bid to be mischievous while justifying its reasons for escape under hot pursuit, the VLCC reported her encounter with NNS GONGOLA as a sea robbery/pirate attack on various international maritime security watch radio channels/platforms which was no doubt a false international piracy alarm of being under attack by a pirate ship. This is despite the fact that the same ship MT HEROIC IDUN had earlier communicated and interacted with NNS GONGOLA for over 30 minutes before turning around in a mischievous manner to refer to an NN Ship as a ‘pirate vessel’. This brazen act was considered as an apparent display of deliberate blackmail against the Maritime Law Enforcement Authorities of Nigeria and thus a National and International laws acceded by Nigeria.

This misleading false alarm by the MT HEROIC IDUN crew on the sea robbery/pirate attack was also refuted by the Regional Centre for Maritime Security for West Africa, Abidjan, ‘on 9 August 2022. This was premised upon, the Regional Centre (CRESMAO) receipt of a report from the Multinational Maritime Coordination Centre (MMCC) Zone E at Port Novo on an attempted boarding of a tanker between 10 to 15 nautical miles (nm) of Akpo oil field in Nigeria as it was confirmed to be a subsisting naval operation and not pirate attack as earlier claimed by the crew of MT HEROIC IDUN and hence, the cancellation of the piracy alert index number.

• Based on this situation, the Nigerian authorities immediately contacted the neighboring Equatorial Guinea Navy (EGN), through the collaborative exchange on information and intelligence sharing agreements as well as protocols. To this end, the Vessel was subsequently intercepted and detained by the Equatorial Guinea Navy on 10th August 2022 at the behest of the Nigerian Navy.

Why didn’t Nigeria arrest MT HEROIC IDUN at the time it was intercepted?

• Nigeria indeed intercepted the vessel at mid-night while carrying-out interrogations through radio communications. The NNS GONGOLA subsequently made frantic efforts to arrest the ship through various means including the application of hot pursuit and the threat of the use of minimum force but these were to no avail as the ship fled into another sovereign country at full speed.

• Based on this, there was no need for the Nigerian Navy to continue the hot pursuit of the fleeing ship, or forcefully attempt to arrest it, considering the fact that she had crossed the Nigerian-Sao Tome International Maritime boundary. This necessitated the activation of collaborative regional arrangements known as the Yaounde Security Architecture that could be depended on to ensure that the ship was apprehended and held accountable. This is what was successfully done. Credit should go to the ‘Yaoundé Architecture’, as it is known, for enabling this seamless security cooperation and collaboration.

• Equatorial Guinea is a friendly neighbouring country, located like Nigeria in the Gulf of Guinea (GoG). The country belongs to GoG Maritime Zone D along with Gabon, Sao Tome and Principe as well as Cameroon, while Nigeria belongs to Zone E along with Benin, Togo and Niger.

• Both Nigeria and Equatorial Guinea are signatories to the Code of Conduct concerning the Repression of Piracy, Armed Robbery against Ships and Illicit Maritime Activity in West and Central Africa of 2013 commonly referred to as the ‘Yaounde Code of Conduct’.

• The Code is backed by appropriate UN Security Council Resolutions and provides the platform for information sharing as well as coordination amongst signatories. This includes handover of vessels or persons suspected to have committed offences in each other’s States.

What has so far happened in Equatorial Guinea since MT HEROIC IDUN was arrested?

• After arresting the vessel, and investigating the circumstances of its entry into the country, Equatorial Guinea imposed a sizable fine on her, for persistently sailing through the country’s EEZ without the Equatorial Guinean authorization. The company managing the vessel has since confirmed the payment of the fine. This is considered to be a similar offence of violation of the Nigerian Maritime Space where the Ship is expected to be interrogated.

• In line with the diplomatic collaborations and arrangements between the Nigerian and Equatorial Guinea Governments, MT HEROIC IDUN has being handed over to the Nigerian Government through the Nigerian Embassy officials at Malabo as confirmed by a November 6, 2022 tweet from the Vice President of Equatorial Guinea https://twitter.com/teonguema/status/1589386631232245761.

• The handover was carried out in Equatorial Guinea on November 6, 2022. It is now expected that the Vessel will return to Nigeria, for further investigations and possible prosecution by the Nigerian Government.

What Offences can MT HEROIC IDUN be charged for in Nigeria?

• Entering the restricted zone around an Oilfield without authorization and thus violating the Nigeria’s EEZ regulations.

• Illegally attempting to load crude oil from Nigeria without appropriate documentation, which is tantamount to economic sabotage and likely instrument for export theft.

• Falsely accusing a Nigerian Navy Ship of piracy on international maritime reporting channels/platforms. It should be noted that she had communicated with the Nigerian Navy Ship, and there was therefore no ambiguity about the identity of the Ship and thus, violating some sections of the SPOMO act 2019.

• Violating all lawful instructions at sea from Maritime Law Authorities as well as Nigeria’s Miscellaneous Act and other associated national and international laws as ascribed to by Nigeria.

What are the implications of the False piracy claim made by the MT HEROIC IDUN against Nigeria?

• The action of MT HEROIC IDUN has without doubt undermined the sovereign right to interrogate all ships/aircraft operating within Nigeria. The defiance of the VLCC (MT HEROIC IDUN) has also unarguably undermined the Law Enforcement Authorities of Nigeria. Similarly, the false alarm is a contravention of Nigeria’s SPOMO Act of 2019. It has also undermined the ongoing Anti-Crude Oil Theft/Anti-piracy efforts of Nigeria which is capable of denting the international image of the country in the world piracy index. It is on record that Nigeria has not recorded a pirate attack within her maritime environment over the last one year
  (since 2021). Note that Nigeria was also struck off the list of piracy prone countries by the International Maritime Bureau in March 2022.

• The false claim can equally impact negatively on insurance premium fees for vessels coming into the country. This would ultimately affect prices of goods imported into the country and by extension the lives of ordinary Nigerians.

• The false alarm was an act of blackmail against the Nigerian Maritime Law Enforcement Authorities.

So, what are the next steps?

• Having been handed over to Nigeria through the Nigerian Embassy in Malabo, Equatorial Guinea, on 6 November 2022, the MT HEROIC IDUN will now be brought back to Nigeria for further interrogations in order to clear any misconceptions about its involvement in export crude oil theft around a Nigerian Oil Installation and within Nigerian EEZ.

• Therefore, in the interest of Nigeria’s national security, everything necessary must be done to successfully return MT HEROIC IDUN from Equatorial Guinea to Nigeria in order for the owners, Hunter Tankers AS to answer any charges brought against the vessel or otherwise clear her name. This would indeed send a strong message to any collaborators involved in crude oil theft in Nigeria, and the international community at large.

• If the vessel is found NOT culpable by law, it will be released to continue with its normal operations. If found guilty of breaking the laws of Nigeria, the appropriate sanctions will be enforced, to send a strong message of deterrence to would be offenders and organized oil criminal export syndicates.

• It is important for the Nigerian Government to sustain its anti-crude oil theft efforts/operations, both at small and large scale levels for the prosperity of Nigeria as well as national security objectives.

• Nigeria is aware of international media campaigns being planned, sponsored and executed by the vessel’s crew, owners/agents in a bid to muddy the waters by making false claims of human right violations against the Nigerian Government. This is inspite of the fact the Ship illegally came to Nigeria to load crude and never raised such allegations.

• It is thus, necessary to resist any pressure from internal or international collaborators in the matters of crude oil theft or any matters allied. The Government of the citizens of the sailors onboard the vessel – India, Sri Lanka, Philippines, Poland – would do exactly the same.

• It is imperative to bring to fore that Nigeria has followed due process in its handling of this entire incident, and will continue to abide by the principles of due process as well as ensure fair and transparent investigations. 

• Importantly, the international community should be rest assured that Nigeria would ensure humane treatment of all crew in line with international best practices.