The 26 crew members of the 2020-built VLCC Heroic Idun, sailing under the Marshall Islands flag, are currently being detained in Nigeria and facing absurd charges. They have been held for nearly three months in Nigeria, and before that, they were detained for nearly three months without charge in Equatorial Guinea. They were denied consular access or legal representation and were treated in a way that disregards basic human rights and international law. The CEO of Norwegian insurer Gard called the situation "outrageous."
The VLCC tanker, Heroic Idun, was approached by an unknown vessel on August 7, 2022 as it approached the deepwater Akpo oilfield operated by TotalEnergies 200 km from Port Harcourt. The intercepting boat, claiming to be from the Nigerian Navy, demanded that the tanker stop and allow personnel to board, it did not have its AIS switched on. The tanker was at the location to load crude oil, which was legitimately purchased by its charterer, BP, from TotalEnergies.
The master suspected a pirate attack and left Nigerian waters at full speed. The Nigerian Navy claims it was a legitimate inspection, accusing the tanker of raising a false piracy alarm, but failed to explain the lack of AIS on the intercepting boat and why it did not notify the tanker's agent or terminal managers. The Navy stated that it is not a crime for vessels to enter Nigerian waters without clearance.
Heroic Idun, was arrested by the navy of Equatorial Guinea for alleged illegal entry and detained for three months. The Norwegian owners paid a $2 million fine as a promise for release of the vessel and crew by the local authorities. However, the Equatorial Guinea government broke the deal and instead cut a deal with Nigeria, pocketing the money and not releasing the vessel and crew. The country is known for corruption and money laundering by the President's son, who is also the Vice President since 2016.
Nigerian Navy officials have been making misleading statements and deflecting blame for an oil tanker incident, while also facing criticism for past incidents such as the FPSO Trinity Spirit explosion and corruption involving bribes and stolen oil revenues. The lack of accountability and involvement of Nigerian Army and Navy personnel in the theft of oil in the Niger Delta has also been highlighted.
The International Chamber of Shipping (ICS) has called for the release of the detained crew members from the Heroic Idun tanker, stating that the detention is unacceptable and must be resolved as soon as possible. In contrast, a Nigerian Navy spokesman has alleged that there are international media campaigns being planned and executed by the vessel's owners/agents to falsely accuse the Nigerian government of human rights violations.
The Nigerian state's dysfunction is on display in the ongoing case of the detained crew of the Heroic Idun tanker, as they are charged with falsely accusing a Nigerian Navy vessel of piracy and the state's inability to transfer them to court on time. Officials have also made contradictory statements, with Nigerian Navy spokespeople accusing the crew of guilt and the Foreign Ministry spokesman claiming Nigeria is a responsible member of the international community. The case has been deferred until February due to the absence of defendants in court and the crew remain detained on the ship.
The case of the detained crew of the Heroic Idun tanker is being used as a political tool, with various interests within the Nigerian Navy seeking to save face and the government appearing to crack down on oil theft. There are also political incentives for the government to use the crew as a scapegoat for other crimes. Social media comments reflect the general sentiment that leniency towards the crew would be seen as corruption or complicity. This is because, under Nigerian political logic, the release of the crew would be seen as a result of accepting bribes and being a part of a conspiracy.
The Heroic Idun tanker, managed by a reputable company and chartered by BP, was detained by the Nigerian Navy while at a TotalEnergies' offshore terminal in the Gulf of Guinea, despite not carrying any cargo. The accusations of smuggling crude or stealing oil are baseless. The real oil theft in Nigeria is happening in the Niger Delta where criminal gangs sabotage and loot pipelines and storage facilities while authorities turn a blind eye and take a share of the proceeds. The continued detention of the crew on false charges makes Nigeria look ridiculous and instead, the government should focus on cracking down on corruption within its own ranks and not scapegoating foreign seafarers who had legitimate fears of pirate attacks.
It's a high time for these to make it for the maritime,for the invincible & unsung heroes - seafarers;India, as the world's most populous country and a nuclear power with aspirations to join the UN Security Council, should take a stronger stance in protecting its estimated 240,000 commercial seafarers. Private shipowners and the Ministry of External Affairs should push for diplomatic efforts to assist the 16 detained Indian citizens. Indian citizens should also take action by reminding the government of its duty to assist citizens abroad, using social media and contacting their representatives. Despite past controversies, India should work with other countries such as Sri Lanka, Poland, and the Philippines to protect the rights of seafarers.
As a shipowner with a Marshall Islands-flagged vessel, raise concerns with International Registries, the private business that manages the registry. Contact the company and its president, William Gallagher, to inquire about efforts to release the seized vessel and its crew. Suggest that the flag state increase diplomatic efforts. Ask Gallagher about his and the company's actions to resolve the crisis.
Nigerians should not downplay the injustice of the Heroic Idun case by saying "caution is needed from both sides." The tanker was empty and not stealing crude, and it is not appropriate for Nigerian officials to use foreign nationals as hostages in domestic power games. Instead, Nigerians should focus on holding corrupt navy officers, government officials, and politicians accountable and working towards a better government. President Buhari has been a poor leader and the Heroic Idun detention is a symptom of a broken state. Nigerians should use their vote wisely in the upcoming 2023 elections to bring about change.
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