By Akintayo Balogun Esq.
The reports of the destruction of seized crude oil and the vessels conveying the crude illegally siphoned or explored from the Niger-Delta region of Nigeria by Joint Task Force and other security agencies in recent times have drawn comments, criticisms, and series of reactions as to the impropriety or otherwise of destroying these seized crude oil and vessels immediately upon arrest without any legal action or seeking any court order to carry out the destruction of the substance. It has been a practice of the Joint Task Force that immediately upon the impounding of crude oil and the vessels as well as arresting the culprits, they proceed to destroy the substance found with them.
In a recent interview, the Director, of Defence Media Operations, Major General Edward Buba, disclosed during the military’s biweekly press briefing in Abuja that the burning of the vessel was in line with the military’s Standard Operating Procedures on stolen crude oil. He stated thus, “There are Standard Operating Procedures concerning arrested vehicles, equipment, and vessels, among others, that are associated with oil theft. That procedure stipulates that such equipment, vehicle, or vessels should be destroyed instantly.” This position by the military has been met with much criticism and disaffection by the general public and particularly the National Assembly. The burning of the vessel drew criticisms from some quarters with the Nigerian House of Representatives cautioning the military and other security agencies to desist from burning vessels with stolen crude.
As much as the action/effort of the Joint Task Force and other security agencies is laudable and plausible in the fight against crude oil theft and other vices in the Niger Delta region of Nigeria, the destruction of crude oil and vessels seized by the security operatives is doing more damage than good to the country at large. There is absolutely no justifiable reason for the destruction of these substances and their carriers.
Allegation of cornering of stolen crude oil
Unfortunately, the immediate destruction of these seized substances and their carriers has raised more suspicion as to the honesty and sincerity with which the crude oil is being destroyed. There have been unconfirmed reports that not all the crude oil that is seized is being destroyed during the destruction exercise. A good portion of the crude oil is being reserved and then sold again by the arresting officers. However, a certain quantity is destroyed to cover up as an entire destruction of the stolen crude. While we may not be able to confirm the veracity of the above allegation, we must state categorically that the destruction of stolen crude oil does in any way help neither the Nigerian economy nor the environment that is at the receiving end of the resulting pollution.
Effects of the Destruction of crude oil and their conveying vessels
1. Severe Environmental Pollution: This is the first major disaster that follows the destruction of crude oil. When the so-called destruction is being carried out, so much pollution is done to the environment. There is air, water, and land pollution. The atmosphere is contaminated with hydrocarbon substances and other dangerous chemicals released into the atmosphere which is poisonous to humans, plants, and animals. There is also pollution on the ground surface where the burning/destruction takes place. The environmental damage is enormous. The Niger Delta region is already being severely affected by various activities such as gas flaring, oil spills, and other forms of pollution. Now adding the burning of seized oil vessels to the already bleeding environment is adding insult to injury. The burning/destruction of seized oil vessels is to all intent and purposes very wrong. The ecosystem in the Niger Delta region is already being heavily polluted by oil exploration. The destruction of this stolen only further deepens the destruction of the ecosystem in the region.
2. Safety of lives and property: It is reported that some of the destruction carried out by the Nigerian forces is done by bombing the vessel that had been seized from the oil thieves. Apart from the environmental hazards caused by the destruction, the act of bombing these vessels also causes a major security threat and psychological trauma to the inhabitants of the communities where the crude oil is being destroyed. The sound of bombing can send a community into serious panic.
3. Destruction of sources of livelihood: The destruction of crude oil-laden vessels also deprives the people of their sources of livelihood. When the chemical waste from burnt vessels and crude oil comes in contact with the environment and particularly the water, it kills and or contaminates the aquatic life and poisons the surrounding soil. Several fish farmers in the Niger Delta region have been rendered jobless following the severe contamination of the water bodies upon the destruction of seized vessels and crude oil.
4. Loss of Economic earnings to the Federal Government of Nigeria: Destroying badges of crude that run into millions is equivalent to denying the nation and its people the revenue that can be derived from such large amounts of crude. This is a country in dire need of resources to rebuild the economy, build infrastructures, and to better the lives of the people. The country is in heavy debt, yet we are destroying the sources of enhancing our economy. The burnt vessels can be transformed into other uses like enhancing the work of seafarers in the country. Nothing stops the Federal Government from taking immediate possession of seized crude oil and with the backing of the court; the same is forfeited to the Federal Government. We must state that the fact the crude was stolen does not make the crude bad. The stolen crude is the same crude being explored by Shell and other exploration companies in the Niger Delta.
5. Absence of evidence to prosecute culprits: We stated earlier that culprits involved in stealing crude oil from the Niger Delta are being apprehended. Now what is the evidence that you have against them to prove their activities when all exhibits have been destroyed? As a legal practitioner defending persons being prosecuted for being in illegal possession of crude oil, I will demand the said substance to be tendered in court or any court order regarding their lawful and proper disposal. Failure to produce the evidence for which the accused persons are standing trial goes to the root of the charge. Having destroyed the crude oil found with these burglars, what evidence does the government have to tender against them at the court of law if they are charged in court? There were recent judgments of the Federal High Courts in Nigeria where persons accused of oil theft were let off the hook because the materials that would have formed the evidence to be used against the accused persons had been destroyed or were not brought to court. The vessels and crude oil ought to be preserved as exhibits to prosecute the owners of the vessel.
A typical example is the statement by the military high command which stated that it has discovered and destroyed no fewer than 23 illegal crude oil refineries and “arrested 60 suspected oil thieves in the last two weeks”. However, the entire badges of crude worth about N202, 788, 300.00, seized from the suspects were allegedly destroyed. What then do you do with the 60 suspected oil thieves in the custody? It will be futile to charge them in court or keep them in custody indefinitely when there is no evidence whatsoever against them.
All these and more are reasons why the Federal Government of Nigeria must put an immediate stop to the destruction of seized crude oil and the vessels conveying them and give a counter order to the Joint Task Force. The action of the Joint Task Force or any other security agencies involved in the destruction of seized crude oil is doing much more damage to the environment and the economy than solving it.
Solution to Disposal of stolen Crude Oil
There is just one way out in terms of a solution to the problem of disposing of stolen crude oil. All the government needs to do is to get a court order forfeiting the said crude oil to the government with proper documentation. Using the case of stolen funds for example, over the years in Nigeria, it has been the practice in the Nigerian courts that when funds obtained by fraudulent means are being recovered, the court usually makes orders that the monies be forfeited to the purse of the Federal government or the State government either temporally or permanently depending on the nature of the suit. This same rule should apply to stolen crude oil and the vessel used in conveying them that has been recovered. They should be forfeited to the Federal government which in turn can take them as the same crude oil it has been exporting or refining.
This is a more profitable way to handle oil theft for the government and the community where these products are being stolen from. This to me serves a better form of deterrence to oil burglars than destroying the substances. It would be more painful for oil burglars to see government benefit 100% from their malevolent labour than for both parties to lose out completely. What the government needs to do once substances of this nature are being seized, they should obtain a court order seeking the leave of the court to temporarily or permanently forfeit the seized crude oil to the Federal Government. This should however be done with proper documentation and profiling as well as pictorial evidence which could serve as evidence in court if the existence of the substance needs to be tendered in court.
Conclusion
The concept of destroying crude oil seized from oil burglars is hasty, unwise, wasteful, unnecessary, and a very bad decision by the officers of government both economically, environmentally, psychologically, and in every wise to the members of the community and even Nigeria at large. The suggestion that it would serve as a deterrent to others who are involved in oil theft goes to no issue and is a very shallow argument. Oil theft has been for decades in Nigeria and destroying stolen crude oil has never changed or stopped the practice. For the sake of the communities where these explorations have taken place, the act of destroying crude oil seized from oil thieves should be stopped as a matter of urgency. The revenue that the nation should have generated vide the said crude oil is being thrown away for just nothing. Nigeria is in serious debt and has spent the last eight years living on borrowed funds from every borrowable source. While this is the situation, Nigeria is carelessly throwing away the bath water and the baby. This ought not to be.
Akintayo Balogun Esq., LL.B (Hons), BL, LL.M, is a legal practitioner in private practice, based in Abuja, FCT. A prolific writer, public affairs analyst, and commentator on national issues. akinson6@gmail.com
