Navy Accuses Judiciary of Lowering Sentences for Convicted Pirates
Law and justice of Nigeria concept with a 3d render of a gavel on a wooden desktop and the Nigerian flag on background.
*Why we lowered sentences to 10 convicts, by Justice Faji
By Francis Ugwoke
Nigerian Navy has come out to speak against lowering of sentences for convicted pirates, saying this may not be the best for the war against piracy and armed robbery at sea.
The Navy made its view known during the recent maritime seminar for judges organised in Abuja by the Nigerian Shippers’ Council (NSC) in collaboration with the Nigerian Judicial Institute (NJI).
The Director, Legal Services, Nigerian Navy. Cdre J.A.S. Malafa, who raised the issue said the Navy has observed lowering of sentences on conviction of pirates by judges.
He said that while the “SPOMO Act provides for life imprisonment for the offence of piracy and fine, however, it has been observed from decided cases that judges of the Federal High Court instead of sentencing life imprisonment and fine in a guilty conviction applies discretion by reducing sentences or granting an option of fine.”
Malafa who was represented on the occasion by Commander O. B. Anyikwa, said, “If pirates find a way around the punishment such as option of fine, it will likely not achieve the desired deterrence effect to desist from acts of violence against ships at sea. Whilst the Act could prove useful in addressing piracy and armed robbery at sea, it is dependent on proper enforcement”.
Malafa recommended that the prosecution agencies could appeal the exercise of discretionary powers by the presiding judge in the award of sentence under the SPOMO Act.
He added, “Piracy and armed robbery at sea remain a menace to the globale conomy and not all the GoG states have the legal framework to prosecute the offences.
“ Nigeria SPOMO Act defines, criminalises and punishes the offences of piracy as well as armed robbery at sea however, since its enactment only 3 piracy case has been prosecuted under the Act”.
However, Justice Ayokunle Faji of the Federal High Court in Lagos, had on the occasion explained why the court gave lower sentences to 10 pirates who were convicted in 2021 for hijacking a Chinese fishing vessel , FV Hai Lu Feng II, in May 2020.
The 10 convicts were given 12 years imprisonment each and payment of N1million each as a fine.
Faji explained that the lower sentences were given because the convicts were not the principal convict as far as the matter was concerned.
By Francis Ugwoke
Nigerian Navy has come out to speak against lowering of sentences for convicted pirates, saying this may not be the best for the war against piracy and armed robbery at sea.
The Navy made its view known during the recent maritime seminar for judges organised in Abuja by the Nigerian Shippers’ Council (NSC) in collaboration with the Nigerian Judicial Institute (NJI).
The Director, Legal Services, Nigerian Navy. Cdre J.A.S. Malafa, who raised the issue said the Navy has observed lowering of sentences on conviction of pirates by judges.
He said that while the “SPOMO Act provides for life imprisonment for the offence of piracy and fine, however, it has been observed from decided cases that judges of the Federal High Court instead of sentencing life imprisonment and fine in a guilty conviction applies discretion by reducing sentences or granting an option of fine.”
Malafa who was represented on the occasion by Commander O. B. Anyikwa, said, “If pirates find a way around the punishment such as option of fine, it will likely not achieve the desired deterrence effect to desist from acts of violence against ships at sea. Whilst the Act could prove useful in addressing piracy and armed robbery at sea, it is dependent on proper enforcement”.
Malafa recommended that the prosecution agencies could appeal the exercise of discretionary powers by the presiding judge in the award of sentence under the SPOMO Act.
He added, “Piracy and armed robbery at sea remain a menace to the globale conomy and not all the GoG states have the legal framework to prosecute the offences.
“ Nigeria SPOMO Act defines, criminalises and punishes the offences of piracy as well as armed robbery at sea however, since its enactment only 3 piracy case has been prosecuted under the Act”.
However, Justice Ayokunle Faji of the Federal High Court in Lagos, had on the occasion explained why the court gave lower sentences to 10 pirates who were convicted in 2021 for hijacking a Chinese fishing vessel , FV Hai Lu Feng II, in May 2020.
The 10 convicts were given 12 years imprisonment each and payment of N1million each as a fine.
Faji explained that the lower sentences were given because the convicts were not the principal convict as far as the matter was concerned.
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