How the legal system thwarts the war on piracy and maritime crime —Navy
The Nigerian Navy has spoken out against reducing sentences for convicted pirates, saying it may not be the best solution for the war against piracy and armed robbery at sea.
The Navy made its views known at the recent Maritime Seminar for Judges organized in Abuja by the Nigerian Shippers’ Council (NSC) in conjunction with the Nigerian Judicial Institute (NJI).
The Director of Legal Services of the Nigerian Navy, Cdre J.A.S. Malafa, who raised the issue, said the navy has observed a reduction in sentences when pirates are convicted by judges.
According to the Cdre. Malafa, “the SPOMO law provides for life imprisonment for the offense of piracy and a fine. However, it has been observed from adjudicated cases that Federal High Court Judges, instead of sentencing life imprisonment and a fine upon conviction, apply their discretion in reducing sentences or granting a fine option. »
Malafa, who was represented on the occasion by Commander O.B. Anyikwa, said: "If the pirates find a way around the penalty such as the option of a fine, it will probably only reach not have the desired deterrent effect to refrain from acts of violence against ships at sea.
“While the law can prove useful in combating piracy and armed robbery at sea, it depends on proper enforcement.”
READ ALSO IN NIGERIAN TRIBUNE
Malafa recommended that prosecuting agencies be able to appeal the presiding judge's exercise of discretionary powers in sentencing under the SPOMO Act.
He added: "Piracy and armed robbery at sea remain a threat to the global economy and not all GoG states have the legal framework to prosecute the offences.
“Nigeria’s SPOMO Act defines, criminalizes and punishes the offenses of piracy as well as armed robbery at sea. However, since its enactment, only three cases of piracy have been prosecuted under the law.”< /p>
However, Judge Ayokunle Faji of the Federal High Court in Lagos, had on occasion explained why the court handed down lighter sentences against 10 pirates convicted in 2021 of hijacking a Chinese fishing vessel, the FV Hai Lu Feng II, in May. 2020.
The 10 convicts were sentenced to 12 years imprisonment each and a fine of N1 million each.
Faji explained that the lower sentences were given because the convicts were not the main convicts as far as the case is concerned.
The Nigerian Navy has spoken out against reducing sentences for convicted pirates, saying it may not be the best solution for the war against piracy and armed robbery at sea.
The Navy made its views known at the recent Maritime Seminar for Judges organized in Abuja by the Nigerian Shippers’ Council (NSC) in conjunction with the Nigerian Judicial Institute (NJI).
The Director of Legal Services of the Nigerian Navy, Cdre J.A.S. Malafa, who raised the issue, said the navy has observed a reduction in sentences when pirates are convicted by judges.
According to the Cdre. Malafa, “the SPOMO law provides for life imprisonment for the offense of piracy and a fine. However, it has been observed from adjudicated cases that Federal High Court Judges, instead of sentencing life imprisonment and a fine upon conviction, apply their discretion in reducing sentences or granting a fine option. »
Malafa, who was represented on the occasion by Commander O.B. Anyikwa, said: "If the pirates find a way around the penalty such as the option of a fine, it will probably only reach not have the desired deterrent effect to refrain from acts of violence against ships at sea.
“While the law can prove useful in combating piracy and armed robbery at sea, it depends on proper enforcement.”
READ ALSO IN NIGERIAN TRIBUNE
Malafa recommended that prosecuting agencies be able to appeal the presiding judge's exercise of discretionary powers in sentencing under the SPOMO Act.
He added: "Piracy and armed robbery at sea remain a threat to the global economy and not all GoG states have the legal framework to prosecute the offences.
“Nigeria’s SPOMO Act defines, criminalizes and punishes the offenses of piracy as well as armed robbery at sea. However, since its enactment, only three cases of piracy have been prosecuted under the law.”< /p>
However, Judge Ayokunle Faji of the Federal High Court in Lagos, had on occasion explained why the court handed down lighter sentences against 10 pirates convicted in 2021 of hijacking a Chinese fishing vessel, the FV Hai Lu Feng II, in May. 2020.
The 10 convicts were sentenced to 12 years imprisonment each and a fine of N1 million each.
Faji explained that the lower sentences were given because the convicts were not the main convicts as far as the case is concerned.
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