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Collaboration, Cooperation, Good Governance great strategy against piracy in GoG—Igbokwe

Mike Igbokwe, SAN

Renowned Maritime Lawyer, Mike
Igbokwe, a Senior Advocate of Nigeria, is confident that the Global Maritime Security
Conference(#GMSC2019) held in Nigeria recently will be a ‘game-changer’, considering key
take-aways, particularly the resolution for collaboration among States within
the Gulf of Guinea(GoG) to tackle the threat of piracy.
Sharing his thoughts on the
significance of the conference and expectations from discourses held, Igbokwe
said the conference, which had about 4000 participants in attendance including
navies of countries globally, would put Nigeria in the fore front, even in the
comity of nations, and as far as its commitment to the International Maritime
Organisation (IMO) regulations and treaties and international conventions is
concerned. According to Igbokwe, it is significant that “IMO will begin to see
Nigeria as a very serious member that is interested in fighting piracy and
armed robbery at sea. Not only because it has already updated its law, but
because it has already agreed to host a conference of this nature where all the
navies of different countries are gathered to exchange ideas for solutions to the problem of piracy. With about 4000 participants in
attendance, they would go away with new ideas, new impressions and with a lot
of sensitisation that would help them to know what to do in their relevant
countries and also with a view to fighting this menace.”

Igbokwe speaks on several issues
including the need for good governance to improve the economic situation of
citizens in the GoG States.

What are
your views of the GMSC 2019, and how can conference support the fight against
piracy in the Gulf of Guinea?
This conference is a very good step
in the direction in helping the suppression and combating of piracy, armed
robbery at sea and unlawful acts, not just in 
Nigeria, not just in the Gulf of Guinea States, but world-wide. I say
so, because piracy is a trans-national or cross-border crime. And as such, it
is not a crime that one nation or country can successfully fight alone, because
the pirates operate on the high seas or outside the territorial seas, the armed
robbers at sea or unlawful actors operate in the internal or territorial waters
of the state or the tail ace. These are international crimes or criminals. They
may be based onshore in some country and go to the waters of another country to
operate.
And because the jurisdiction of
countries or their courts is limited to their territorial waters, unless you
have laws that will enable the prosecutors and the courts to be able to
prosecute and try offenders within their countries, in the courts of their
countries, despite the fact that these offences were committed on the high seas
or perhaps they ran away, you have issues.

How has statute
been able to support the fight against piracy thus far?
Recently, President Muhammadu Buhari
signed the Suppression of Piracy and other Maritime Offences Act in June 2019,
and this will back the appropriate prosecution of those arrested and found
wanting. I happen to have been an actor in the area of getting Nigeria to have
a legal framework for the suppression of piracy and other maritime crimes in
the sense that about 11 years ago at a conference organised by the Federal
Government. The International Conference Concerning Maritime Security as it
called, was organised by the Federal Ministry of Transport in collaboration
with NIMASA and IMO in 2008 at the Sheraton Hotel. Issues concerning piracy and
other maritime crimes were thrown up for discussion. At the end of the
conference, there was a communique.
One of the key points of the
communique at the time was that Nigeria should have a stand-alone legislation
to fight these crimes. And NIMASA took the bulls by the horns by appointing me
as a maritime consultant to drive the process of having a stand-alone
legislation. Based on the technical assistant programme of the IMO, NIMASA was
able to get one of IMO’s consultants, Mr. Blanco, with whom we reviewed all the
Nigerian Laws and we discovered that there was no law; Criminal Code, Penal
Code that was up to date in Nigeria to fight these crimes. We were having
situations where those who committed these offences who were arrested by the
navy, some of them were given to the EFCC and sometimes they were charged under
economic and financial crimes, not piracy. Sometimes, they were released
because we didn’t have the laws, until now that we have updated our laws.
Nigeria has signed the two Suppression of Unlawful Acts Against Shipping and
Ships Conventions; that of 1988 and 2005, and also signed the 1988 protocol.
The only thing Nigeria has not signed is the 2005 protocol to the SUA
Convention, but she has also domesticated it because Section 12 of the 1999 Constitution
says that for any treaty that Nigeria is a party to , to become enforceable in
our law courts , the treaty must first be enacted into our local law by the
National Assembly. And that has been done now.





The role of
collaboration among the GoG States?
For this to work efficiently,
especially in the Gulf of Guinea States, and because piracy is a trans-national
thing, it is important that there is collaboration and cooperation among the
Gulf of Guinea States. Not only ensuring that they updated their laws, but also
in having joint task-forces to fight it jointly, in exchanges of information,
results of investigations and extradition of offenders that run away. I was
surprised to know that despite the Yaounde Treaty, Cameroon has not signed any
of the SUA Conventions. I now asked myself “If it hasn’t ratified it and has
not domesticated it, how can it actually update its slot and be in a position
to prosecute this law?” The danger is that, you will now have a situation where
some of these offenders will run to Cameroon, operate from there and Nigeria
and run there and they cannot be prosecuted as a result of the fact that their
laws are not updated, unless of course if Cameroon agrees to extradite them to
Nigeria.

What exactly
should external support be about, if need be?
Secondly, the super powers; let there
be a situation where the capacity to enforce or the regulations and also the
laws to curb this menace of piracy be led by Africans or Gulf of Guinea States
Forces, but supported by the super powers to avoid suspicion of erosion of
independence. I agree it should be led by Africans. I agree it should be led by
the Gulf of Guinea States. But, I also want to say that because funding is
critical, the Africans should get that support. It is needed for instance, in
acquisition of the necessary weapons and the patrol boats that the navies of
these countries require. Funds are also important for training, technology,
technical assistance, but many of them don’t have these. The super powers that
have interest in this region should be able to support them in those areas to
build the capacity and supplement and complement what they don’t have. I know
today that the US is a major funder of countries such as Israel, Saudi Arabia,
Afghanistan, and Syria. Why? Because they have interest there. How about in
rebuilding Iraq? They have interest there. So, why does the US not also go
further and support the Gulf of Guinea States in building the needed capacity,
because of the fact that they have interest in the areas as a result of the
oil? That needs to be explored, because we cannot do it alone, because of
funding.

Looking
inward to review some things that need to be done better?
There is need to fight piracy from
the perspective of poverty, unemployment, welfare. The fact that these things
are absent in this Gulf of Guinea States, is driving their citizens to those
crimes because of the need to survive. So, if we have good governance in the
Gulf of Guinea States and they actually give their people things that will make
them not to go into crimes of any sort, including these kinds of crimes, it
will reduce. There can definitely be a reduction of these crimes, because they are
being perpetrated by human beings, and many of them get into the crime because
of the need to survive as a result of unemployment and poverty. Am not saying
that is a justification, but if we treat that and prevent it from happening, we
will not need to be providing cure for this. 

Igbokwe  wraps up his thoughts with confidence that strategic collaboration and good governance are sure actions to achieve the goal against the threat of piracy in the GoG. 

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