CRIMINAL LIABILITY OF SEAFARERS IN THE NIGERIAN TERRITORIAL WATERS: CASE STUDY OF ILLEGAL OIL BUNKERING AND OIL THEFT CASES

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dc.contributor.authorMusa, Jerry Ombugadu
dc.date.accessioned2023-12-14T06:19:20Z
dc.date.available2023-12-14T06:19:20Z
dc.date.issued2018-10-10
dc.description.abstractStatistics show that shipping accounts for about 90% of international trade in goods. In view of the major role which maritime commerce and activities play in the global economy, it is the interest of governments (both of coastal and non-coastal states), ship owners and seafarers that the transportation of people and goods by sea should be facilitated as much as possible. Nigeria being endowed with a vast coastline and navigable inland waterways, strategically placed on the Atlantic coast of West Africa stands to reap bountiful reward from its maritime industry in promoting inter-regional and international trade if its maritime resources are properly harnessed. The territorial waters of Nigeria are the gateways to access the country land based markets and inland waterways which inhabit the ports and harbors. Thus, it is very important that the traffic on the territorial waters does not hamper progress of voyage, to cause unnecessary delays. Also, it is paramount that the territorial waters are also safe for travel, so seafarers can freely without fear or apprehension bring in passengers and goods, which in turn boost the economic activities of the country. This said, illegal oil bunkering tend to negate this objectives, it allows vessels without license to attend to bunker needs of sailing vessels on the territorial waters. This is dangerous, because, it will destroy the dynamics of the market forces of supply and demand that governs the valid license holders, meaning loss of revenue. There is also the threat of hijackers on such waters too. Oil theft also presents the challenge of vandalism. Once a state’s territorial waters are known for these notorious activities, it becomes difficult for trade to flow prosperously in that country and region at large. This study takes a critical look at the legal framework for the liability of seafarers in relation to the offences of illegal oil bunkering and oil theft particularly while they surf their vessels within the Nigerian territorial waters. It examines the effectiveness of the existing legal framework in dealing with illegal oil bunkering and oil theft in terms of litigation, prosecution and assessing the role of the administrative and enforcement agencies concern to ascertain whether it has been successful or has rather fallen short of its obvious expectations. The importance of Nigeria having a territorial sea that is safe, free from any form of criminal activities is also highlighted. This study will undertake the doctrinal approach of research, also employing the historical, effectiveness and competiveness techniques of research. The study will reveal that in the light of the existing legal regimes in place to combat the continuing prevalence of illegal oil bunkering and oil theft, there is a lack of sufficiency of effective surveillance and evidence gathering system to prosecute persons who are suspected or caught. Surveillance especially with modern technology beneath the territorial waters and pipelines is grossly insufficient. Most times the personnel and officers effecting arrest or searches destroy or render evidence of no legal worth where the seafarers and vessels searched or arrested were later prosecuted. This makes it no longer surprising that there are scarcity of cases on charges of illegal bunkering and oil theft duly completed, as most cases covering this subject matter are either abandoned for lack of evidence or dismissed for same reasons. The study draws a conclusion recommending among other things that, authorities concerned must employ the use of technology especially on the pipelines running beneath the territorial waters and on shore installations and the officers, personnel of the agencies involved in the processing and inspection of documents; searches, seizures and arrest, prosecuting must be given adequate training.en_US
dc.identifier.citationA LONG ESSAY SUBMITTED TO THE FACULTY OF, NASARAWA STATE UNIVERSITY, KEFFI, IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF MASTER OF LAWS LL.M DEGREE.en_US
dc.identifier.urihttps://keffi.nsuk.edu.ng/handle/20.500.14448/5240
dc.language.isoenen_US
dc.publisherDepartment of Public and International Law, Nasarawa State University, Keffien_US
dc.titleCRIMINAL LIABILITY OF SEAFARERS IN THE NIGERIAN TERRITORIAL WATERS: CASE STUDY OF ILLEGAL OIL BUNKERING AND OIL THEFT CASESen_US
dc.typeThesisen_US

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