Foreigners contest court’s power to try them

Fourteen foreigners charged with illegal dealing in petroleum products have challenged the Federal High Court’s jurisdiction to try them.

The Economic and Financial Crimes Commission (EFCC) on June 10 preferred a four-count charge of conspiracy, dealing in and storage of petroleum products without lawful authority against them.

They are three Russians- Arthur Pakhladzhian, Vasaliy Shkundich, Kretov Andrey; a Japanese, Sergio Abgarian; and three Ukrainians-Vitalis Biluos, Laguta Olesksiy and Chepikov Oleksan.

Others are seven Britons- Hilarion Teofilo Regipor Jr, Cadavis Gerardo, Baduria Benjamin, Naranjo Allian Antero Jr, Patro Christian, Alcayde Joel and Carantiquit Micheal Bryan.

Three vessels-MT Anukt Emerald, Monjasa DMCC, and Glencore Energy UK Ltd were charged along with them.

The commission said they committed the offence on February 27 by storing 1,500 metric tons of Automated Gas Oil (AGO) popularly known as diesel inside the MT Anuket Emerald’s Cargo tank.

They also stored 3,035 metric tons of Low Pour Fuel Oil (LPFO) in other tanks.

The offence contravenes Sections 4, 17, 19(6) of the Miscellaneous Offences Act and the Petroleum Act, Laws of the Federation.

Yesterday, their lawyer, Mr Babajide Koku (SAN), said the court lacked jurisdiction to try them because they were not carrying out any illegal activities within Nigeria’s territorial waters.

He said the accused were carrying out their activities within the Exclusive Economic Zone (EEZ).

Koku argued that they were charged under the Miscellaneous Offences Act, which has no effect within the EEZ where the accused were arrested.

“The Miscellaneous Offences Act under which the accused were charged doesn’t cover the jurisdiction in which the accused were arrested.

“These are foreign nationals, the Miscellaneous Offences Act cannot apply to them and does not apply within the EEZ because it is oustide the sovereignty of Nigeria,” Koku said.

The senior advocate urged the court to decline jurisdiction and strike out the suit, adding that the fiat of the Attorney-General of the Federation was not sought before the accused were brought to court.

He cited Sections 31 and 34 of the Territorial Waters Act, which state: “A Nigerian court cannot try a person who is not a citizen of Nigeria for an offence committed in an open sea, and the consent of the AGF must be provided before such trial could commence.”.

EFCC’s lawyer Mr Rotimi Oyedepo, urged the court to discontenance Koku’s arguments.

He said the accused had been arraigned and their plea taken, pointing out that if the court’s jurisdiction is being questioned at this stage, it should be considered along with the substantive suit.

Oyedepo said: “It is late for the accused after taken their plea to challenge the prosecutorial powers of the EFCC.”

The AGF, he said, does not have the monopoly of prosecuting such matters, adding that the EFCC is vested with the powers to prosecute any economic crime whether it occurs at sea or land.

Justice Ibrahim Buba reserved ruling till June 18.

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Foreigners contest court’s power to try them