US embassy cable - 04ABUJA1998

C O N F I D E N T I A L ABUJA 001998 
 
SIPDIS 
 
E.O. 12958: DECL: 11/23/2014 
TAGS: PREL, PGOV, MCAP, KCOR, NI 
SUBJECT: EMBASSY OFFICER BARRED FROM "PUBLIC" COURT MARTIAL 
 
REF: IIR 6 871 0002 05 
 
Classified By: PolCouns James Maxstadt for Reasons 1.4 B and D. 
 
1.  (C) Summary:  The court martial continues of three 
Nigerian Rear Admirals allegedly involved in the 
disappearance from naval custody of the tanker MT African 
Pride, which had been seized with a cargo of stolen crude 
oil.  The GON has said the court martial proceeding is open 
to the public, but naval officers prevented Embassy PolMilOff 
from attending the first session November 9 even though they 
let press reporters attend freely.  The National Assembly's 
House of Representatives is also investigating the MT African 
Pride scandal, a bellwether of GON attempts to staunch 
corruption and the billion-plus USD oil theft industry.  End 
Summary. 
 
2.  (U) PolMilOff attempted to observe the public November 9 
court martial proceedings of three senior Nigerian naval 
officers: 
 
Rear Admiral Antonio Bob-Manuel, former Deputy Commandant of 
the Command and Staff College, Jaji; 
 
Rear Admiral Francis Agbiti, Chief of Training and 
Operations, Nigerian Navy; and 
 
Rear Admiral Samuel Kolawole, former Flag Officer Commanding, 
Western Naval Command. 
 
3.  (C) They are accused of several offenses ranging from 
incompetence to bribery in a case centered on the oil theft 
industry in Nigeria, an billion-plus USD illicit industry 
referred to in Nigeria as "bunkering."  On October 8, 2003, 
the Nigerian Navy patrol craft NNS Nwamba arrested the MT 
African Pride and crew on suspicion of illegal oil bunkering. 
 The ship was loaded with approximately 15000 DWT of crude 
oil and the crew was composed of Russians, Romanians, Poles, 
and a few Nigerians.  On January 24, 2004, President Obasanjo 
reportedly instructed that the ship be turned over to police 
custody.  The crew was detained on shore, "for their 
protection" and also for prosecution. 
 
4.  (C) On August 4, 2004, the MT African Pride crew returned 
to the ship, weighed anchor and left port.  The ship 
disappeared.  The navy claims it had turned the ship over to 
the police, but cannot provide any record of transfer.  The 
police claim they never received the ship.  On October 4, the 
three admirals were relieved of their duties and on October 
27, the court martial convened.  Naval officers encountered 
at the court martial said they expect the proceeding to last 
for several months.  The court martial has been billed as an 
open event due to the high level of public interest, and the 
House of Representatives is conducting a investigation that 
will include public hearings. 
 
5.  (C) PolMilOff sought to enter the first hearing on 
November 9.  He identified himself as an Embassy Officer, and 
for 45 minutes a variety of Navy officers, up to the rank of 
Commander, informed him that while the proceedings were open, 
that did not apply to diplomats.  The military officers did 
inform PolMilOff that several news reporters had been allowed 
to enter the proceedings. 
 
6.  (C) Admiral Kolawole asked the Federal High Court in 
Lagos to stop the Military Tribunal proceedings on procedural 
grounds, but the High Court refused on November 25.  Embassy 
observer missed the first hearing before the House of 
Representatives Navy Committee November 23, where former 
Minister of Defense (Navy) Dr. Olu Agunlye reportedly told 
the committee that he had been approached to help secure 
release of the MT African Pride, but had given up when Adm. 
Bob-Manuel told him the ship was legally impounded. 
CAMPBELL