CRUDE oil carrier, MT Heroic Idun, and its crew, have asked Federal High Court, Abuja, to stop Federal Government from “illegally” executing their “extraordinary rendition” from Equatorial Guinea to Nigeria.
The applicants averred there was no extradition treaty between both countries, therefore, any alleged attempt to pressure the country to remove them to Nigeria would be illegal and infringe their rights under Nigerian and international law.
They described as false, the Navy’s claim that MT Heroic Idun attempted to illegally load crude oil from Akpo Terminal in Nigeria.
They noted that the Navy admitted in a statement on August 19, that it found no crude oil on MT Heroic Idun.
They alleged the vessel and crew were unlawfully arrested by Equatorial Guinea Navy under pressure from Nigerian Navy.
MT Heroic Idun, with 26 persons onboard, comprising 16 Indians, eight Sri Lankans, a Pole and a Filipino, was arrested on August 22, by Equatorial Guinea Navy shortly after the vessel left Nigeria.
Fearing their unlawful removal from Equatorial Guinea to Nigeria on Nigerian Navy’s request, the 26 applicants and the vessel filed a fundamental rights enforcement suit: FHC/ABJ/C8/2058/2022, through their counsel Babajide Koku.
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The Federal Government, federal attorney-general and Navy are respondents.
The applicants averred in an affidavit that on July 18, the charterers of the vessel requested a Letter of Comfort from the owners for loading at Akpo Terminal with laycan (dates for loading) of August 17 and 18.
On August 4, the charterers/sub-charterers instructed the vessel to proceed to the terminal and following that, to Ceiba Marine Terminal to load crude oil and then to Rotterdam in Holland to discharge, following which laycan was fixed or narrowed to August 6.
They averred that the sub-charterers, BP, likely failed to inform the Terminal of this change and/or to ensure that the correct paperwork was in place.
They said the vessel master was concerned that if he arrived at Akpo Terminal early he would be in the country’s high-risk piracy zone, thus he obtained permission to stay around 200 miles offshore waiting for final confirmation of the load port laycan and that these instructions were confirmed on August 4.