Dr Adetunberu Oludotun has observed that the motion raised by Hon. Thomas Ereyitomi who cited a vessel, MT TURA II, International Maritime Organization (IMO), number 6620462 which got destroyed on Friday, 7th July, 2023, in the Escravos river in Warri South-West Local Government Area of Delta State is capable of weakening and demoralizing the security agencies.

Whereas, MT Tura II arrested by security operatives on 7th July , 2023, is the same as MT ALLI-RIZA BEY, which the NNS Cobra, on 28th July, 2013, apprehended while illegally transferring petroleum product suspected to be Automative Gas Oil, AGO, to some smaller boats offshore Escravos.

Hon. Ereyitomi claimed that the vessel MT TURA, an 800,000-tonne capacity vessel, was at the time of arrest and destruction, smuggled about 150,000 metric tonnes of stolen crude oil and claimed that the vessel was set ablaze by Nigeria security agencies and representatives of the NNPC Ltd.

You would recall that In October 2022, a vessel named MT DEIMA which was laden with 1500 metric tonnes of stolen crude oil, was also arrested and set ablaze in the Warri Escravos river.

Naturally, no one would have encouraged the destruction of the vessel or damage the ecosystem as canvassed by Hon. Ereyitomi, a member of the green chamber at the National Assembly but the motion raised on Tuesday, 18th July 2023 on the floor of the green chamber failed to address and articulate on the fact that this particular vessel has been seized once and got released through the manipulations of the political cabals in government and the judiciary.

The motion should have further requested for the full scale investigation on why the vessel in question changed it’s registration and identity as reported by the security agencies and how the seized vessel miraculously got disappeared when it was seized, and probably find out the procedural operating standard concerning arrested vessels associated with illegal oil bunkering from the military before concluding on his motion so that the good intention will not be misconstrued to be gagging the security agencies .

The Honourable member failed to equally provide an appropriate bill to suggest a way of enhancing our laws to curb crude oil theft by critically reviewing the gap in the existing laws but laid emphasis on intimidating the security agencies based on the damaged ecosystem more than the damage done on the economy of Nigeria State through crude oil smuggling of our collective patrimony.

It is a known fact that the immediate past administration have declared emergency on illegal oil bunkering and in an emergency situation, the rule of law is suspended but rule of engagement is sustained. The vessel was destroyed to discourage those investing in crude oil theft while human lives involved were carefully spared .

I am a trained Geologist and a Peace and Security Scholar with in-depth research work on Oil Pipeline Security in Nigeria and also, on Illegal Oil Bunkering and the Challenges of Maritime Security in Nigeria.

The research studies afforded me an opportunity to investigate the activities of the illegal oil bunkers on the High- Sea to enable me have a first hand research information and experience on monitoring, patrol and interrogate the process and implication on National Security and development in Nigeria.

At the end of my three weeks observation on the High-Sea (day and night), it was extensively revealed without any ambiguity that behind oil theft in Nigeria are some powerful political leaders, some serving and retired military generals, and other sister security agencies in collaboration with the communities, and multinational oil companies, others thrive on oil subsidy and oil swap businesses, fraudulently enriching themselves through the process. To a large extent, this explains the challenges being faced by the statutory agencies constitutionally saddled with the responsibilities of securing oil pipelines, oil theft, illegal oil bunkering and non functionality of refineries in Nigeria.

It is equally important to mention that many of the illegal oil bunkering activities are done in connivance with government workers.
It is a case of custodians of national treasures stealing the treasures they are paid to secure. It is the same people saddled with the responsibility or authorized to protect the interest of government that are collaborating with these oil thieves and their international conspirators.

The conclusion in my research work is that Nigeria oil theft is stealing by or aided by the legally recognized body in the polity.
There is no accurate metering on most of the oil terminals, no proper documentation of oil transactions.

It is suggested in the study that government should use oligopolistic influence by engaging multinational oil companies to work out an agreeable modality for installing meters at the wellheads, flow stations and export terminals with a view to ascertaining the quantity control of oil in the country.

It has also become imperative to urgently review the existing laws, identify the lacuna then make recommendation to fill the identified gaps in law.

As stated below, the Nigerian government has enacted several laws and regulations to combat oil bunkering and its associated crimes. Some of these laws are:

*The Petroleum Act of 1969, which vests the ownership and control of all petroleum resources in the federal government and prohibits any person from exploring, producing, refining, transporting, or storing petroleum without a license or permit from the Minister of Petroleum Resources.

• The Miscellaneous Offences Act of 1983, which prescribes a minimum sentence of 21 years imprisonment for anyone who damages or interferes with any oil pipeline, installation, or facility.

*The Economic and Financial Crimes Commission (EFCC) Act of 2004, which empowers the EFCC to investigate and prosecute offences relating to economic and financial crimes, including oil theft and money laundering.

*The Criminal Code Act of 2004, which defines oil bunkering as a felony and imposes a maximum penalty of life imprisonment for anyone who commits or attempts to commit the offence.

*The Pipeline and Product Marketing Company (PPMC) Anti-Vandalism Task Force Order of 2012, which authorizes the PPMC to establish a task force to protect its pipelines and products from vandalism and theft.

These laws are aimed at deterring and punishing oil bunkering activities and ensuring the protection of Nigeria’s oil assets and revenues. However, the enforcement of these laws faces many challenges, such as corruption, lack of coordination among security agencies, inadequate equipment and personnel, and complicity of some local communities and officials. Therefore, there is a need for more effective enforcement of these laws, as well as increasing public awareness and participation in the fight against oil bunkering in Nigeria.

Part of the recommendation of the research study published on 19th November, 2019 include a bill on Anti Bunkering Act “ABA” to accelerate investigation and prosecution of arrested illegal oil bunkers and to further strengthen the Judiciary as a way of mitigating illegal oil bunkering and oil theft and curb the economy loss of Nigeria State in the hands of the few while the Department will synergize through intelligence sharing , threat analysis and coordinate the activities of the Anti-bunkering Departments in all the security agencies such as Nigeria Army, Navy, Nigeria Police Force , Nigeria Security Civil Defence, Nigeria Maritime Security Agency, Nigeria Custom Services among others with the responsibility of minimizing the menace.

I hereby use this period to call on the National Assembly leadership to review the motion to further add value towards putting a permanent solution to the menace of crude oil theft rather than creating fears and intimidating the security agencies through motions that could demoralize the “already born again” security agencies and the NNPCL from past actions but with a view to perfectly correct the errors of existing laws and enforcement.

Asiwaju Oludotun Adetunberu (Ph.D. Peace and Security Studies).FiCSS, Dr-FiGPCM, PSCS, PCPC

Institute of Global Peace and Conflict Management
adetunberuoludotun1973@gmail.com, adetunberuoludotun@yahoo.com
07034198400, 08144441112.