PURSUIT AND ARREST OF SUSPECT VESSELS AT SEA: THOUGHTS ON THE EXTRA-JUDICIAL DESTRUCTION OF VESSELS ENGAGED IN OIL THEFT IN NIGERIA

Abstract

Crude oil theft has become one of the most heinous economic crimes committed against the Nigerian State. The heinousness of the crime lies in the fact that it robs the State of resources desperately needed for development. Recently, law enforcement agencies resorted to the practice of extra-judicially destroying vessels suspected to have been involved in the crime in Nigerian waters. They claim that the practice is intended to serve as deterrent. Using the doctrinal research methodology, this paper examines both municipal and international law governing the pursuit and arrest of vessels in enforcement of a coastal State’s maritime laws. It finds that there is no legal justification, whether under international law or under Nigerian municipal law, for the practice. The paper argues that however well-intended, the practice amounts to self-help by the State and portrays maritime law enforcement agencies in Nigeria as norm-disregarding institutions. The paper also examines the legal, economic and environmental consequences of destroying oil-laden vessels in Nigerian waters. It finds that the practice is not only criminal, but also robs Nigeria of revenue and pollutes the marine environment. The paper then makes prescriptions for conducting legitimate pursuit and arrest of suspect vessels in Nigerian waters.