Dakuku Peterside
Dakuku Peterside
It is a scientific fact that water and oil do not mix, but in the complex
and complicated world of criminal enterprise, this natural law does
not apply. It is becoming evident that in Nigeria’s crude oil theft
industry , there is an inexplicable convergence of interest against
the interest of the country. This has gone on for too long , hurting
our economic calculations as a country.
A massive vessel, “MT Tura 11”, laden with 800 metric tonnes
(erroneously stated as 800,000 litres) of stolen crude oil, was
intercepted on Escravos Sea in Delta State by operatives of Tantita
Security Services Limited. They handed over the vessel to the
military Joint Task Force (JTF) Operation Delta Safe troops.
The JTF personnel allegedly set the bunkering vessel ablaze on
Warri River after the ship’s captain confessed that the ship was
laden with crude oil. Could the recent arrest and subsequent setting
ablaze of a vessel used for oil theft be a case of a complex web of
organised economic crime or failure of law enforcement? The facts
of this case are as intriguing as the entire landscape of oil theft,
maritime crime, and environmental degradation in the Niger Delta.
This operation has caused considerable unease among
stakeholders in the oil and gas industry, maritime space, law
enforcement and ecological conservation activists. It raises a lot of
fundamental questions with no answers in sight.
First, is the burning or destruction of vessels transporting stolen
crude oil the best approach to fighting the crime? This entails
destroying evidence that would aid investigation and prosecution.
The hasty destruction of the oil theft vessel raises questions about
due process in the fight against what may be considered a complex
economic crime against the state. In every crime investigation
system and process, the instant destruction of evidence leaves a
trail of further suspicion.
There are elements of concealment of a wider crime that a more
thorough and discreet investigation will reveal. This vessel had
been arrested severally in connection with crude oil theft and
released. We are unaware of any arrest and prosecution connected
with these previous incidents. The JTF had, in October 2022,
destroyed a vessel, MT Deima, allegedly carrying stolen crude.
Burning vessels used for crude oil theft is now a common practice
and a pattern of a deterrent.
The Defence Headquarters’ defence to this noxious practice is a
certain executive order given by former President Olusegun
Obasanjo in 2003. However, in 2019, facilitated by Nigerian
Maritime Administration and Safety Agency (NIMASA), Nigeria’s
National Assembly passed the Suppression of Piracy and Other
Maritime Offences Act (SPOMO Act), which provided the legal
framework to deal with this kind of issue, including provisions for
asset forfeiture and disposal of proceeds.
Second, will burning crude oil at sea not exacerbate the already
severe environmental degradation in the Niger Delta? Elementary
science has taught us that it will lead to air and marine pollution,
degraded mangroves, and oceans, and destroyed biodiversity and
vegetation.
In this instance, the burning of 800 MT of crude, if it took place, will
have far-reaching and long-lasting effects on the environment and
the communities dependent on it. The cleaning up of the
environment could take several weeks. While addressing the issue
of stolen crude should remain crucial, environmental protection
must remain a priority.
Third, on the issue of law enforcement, with multiple maritime
intelligence gathering technology available in the country, such as
Nigerian Navy’s “Falcon Eye”, NIMASA’s “C4i and NPA’s “C3i”, how
come none was able to detect a tanker vessel as big as MT Tura 11
or MT Deima? Does it not raise curiosity that it took a security
contractor rather than the Navy or other security agencies to
intercept and arrest the rogue vessel? Is this a case of conspiracy,
complicity or just abdication or dereliction of duty? When juxtaposed
with the allegation of Mujahid Asari Dokubo of a compromised
military, it calls for deep investigation, interrogation, and
introspection.
There are obvious vested interests, and things are unravelling. And
one wonders whether this operation has anything to do with the
N48 billion per annum pipeline surveillance and security contract. Is
there a “Wangerisation agenda” in the crude oil pipeline contract?
This incident provides an opportunity for a holistic review of our
approach to fighting oil theft in the country. The criminal violation in
oil theft has been a concern for years. This is despite the existence
and presence of the Navy in the suspected theatres. Getting to the
bottom of this criminal enterprise requires more than the arrest of
one errant vessel. It requires a thorough investigation to establish
the missing links between the arrested vessel and other activities in
the past. As we already know, oil theft is a major national economic
crisis that requires a deeper understanding and collaborative action
as a national priority.
A few issues are for consideration. Should we not consider asset
forfeiture and disposal instead of burning, which is barbaric, crude,
unhealthy and toxic? Have we considered recovery and
repurposing the stolen crude for legitimate use? What level of
interagency collaboration do we have in the fight against crude oil
thieves? From the overall layout of the narrative, it is obvious
something is fishy.
Crude oil theft is a significant challenge in Nigeria, and tackling it
requires a systematic and bespoke approach involving various
stakeholders. We need to articulate some strategies to address this
economic malady. Recognising that addressing crude oil theft
requires a multi-faceted and sustained effort involving government
agencies, law enforcement, communities, and international partners
is crucial. Combining these strategies with continuous monitoring,
evaluation, and adaptation of approaches can significantly reduce
crude oil theft in Nigeria. Some of these strategies are in place now,
but their functionality could be better since they have not eradicated
the scourge of oil theft in Nigeria. Efficient and effective
implementation is a crucial success factor.
Activities such as enhancing security measures in oil-producing
regions are crucial. This includes increasing patrols, establishing
dedicated security forces, and deploying technology such as
surveillance systems and drones to monitor pipelines and oil
infrastructure. Cooperation between the Nigerian Navy,NIMASA,
the Nigerian Police, and other security agencies is essential to
combat oil theft effectively. Besides, engaging with local
communities in oil-producing regions is vital for addressing the root
causes of crude oil theft. It is essential to create awareness about
the negative impacts of oil theft on the environment, economy, and
local livelihoods. Encouraging community members to report
suspicious activities and offering alternative sources of income can
help reduce the incentive for involvement in oil theft.
Also, protecting pipelines from tampering and illegal tapping is
crucial. Implementing technologies like pipeline monitoring systems,
pressure sensors, and leak detection systems can help promptly
identify and respond to unauthorised activities. Regular inspections
and maintenance of pipelines are necessary to ensure their integrity
and reduce vulnerabilities.
Furthermore, strengthening legal frameworks and imposing stricter
penalties for oil theft can act as a deterrent. Enforcing existing laws
and regulations effectively, prosecuting perpetrators, and
confiscating assets obtained through illegal activities can help
combat oil theft. Also, enhancing governance and promoting
transparency in the oil sector is essential to tackle oil theft.
Implementing measures to curb corruption, improve revenue
management, and ensure accountability in the oil industry can help
reduce opportunities for theft and illegal activities.
Collaboration is key to effectively addressing crude oil theft in
Nigeria. Collaborating with international partners to address the
transnational nature of oil theft is crucial. Sharing intelligence, best
practices, and technical expertise can help Nigeria in its efforts to
combat oil theft. Cooperation with neighbouring countries to prevent
smuggling and illegally exporting stolen oil is also important.
Collaboration between oil companies operating in Nigeria and
relevant industry associations is essential. These entities can share
information and collaborate on security measures, technology
implementation, and best practices to protect oil infrastructure.
Cooperation can include exchanging information on suspicious
activities and joint initiatives to address oil theft.
Besides, collaboration with technology providers specialising in
pipeline security, surveillance systems, and monitoring technologies
can significantly enhance efforts to tackle crude oil theft.
Finally, collaborating with financial institutions can help track and
disrupt the financial networks associated with crude oil theft.
Sharing information on suspicious transactions, implementing
stricter financial controls, and working together to freeze and seize
assets obtained through illegal activities can undermine the
profitability of oil theft operations.
Establishing platforms for regular communication, coordination, and
information sharing among these collaborating entities is important.
It is important to reiterate that strategies and actions of the past
have not worked, and this new administration must desist from
following them. Now is the time for a new bold approach to tackling
the menace of crude theft. The systems that allow such impunity
are entrenched and will be difficult to uproot. This calls for a
deliberate intervention from Nigeria’s highest point of leadership.
The President must send a clear message that he will not accept
the stealing of even a drop of our crude oil, and those behind such
atrocity must stop or face the wrath of the law no matter how highly
placed they are. It is a national embarrassment for news of crude oil
theft to pervade the local and international space. Nigeria must
protect its resources at all costs.
