Twenty years after his ordeal in the hands of the Nigerian Navy, former Chief of Training and Operations at the Navy headquarters, Rear Admiral Francis Agbiti, recounted how he was framed up by his subordinates and peers in the disappearance of a Russian oil tanker, MT African Pride, transporting 11,000 tonnes of crude oil in August 2004.
Agbiti, a native of Adoka in Benue State, was implicated in the missing popular vessel leading to his summary court martial by the Navy and his eventual victory at the Supreme Court.
At an event attended by friends, family, and eminent Nigerians, yesterday, the former naval officer commended foremost constitutional Lawyer, Chief Wole Olanipekun (SAN), for coming to his aide while appealing to the judiciary to make justice available to all who deserves it devoid of any considerations.
The ceremony also saw the unveiling of a book titled, “AGBITI: Admiral, Patriot and Gentleman, written by Fabian Owoicho.
The event was graced by prominent Nigerians, amongst whom are Olanikpeku, Chief Stephen Lawani; Gen G.O. Ejiga; Sen. Dino Melaye; Chief D.D Dodo (SAN); R/Adm Adaji; R/Adm Sulaiman Apochi; Sen. Shehu Sani; Chief Audu Ogbeh; Justice Ejembi Eko; Chief Owoicho Igoji and Sen. Uzor Orji Kalu.
Others are, Chief Agbo Madaki; Rt Hon. Micheal Audu; Rt Hon. Dave Iorhemba; Comrade Deji Adeyanji; Adm F. Bobai; Chief Audu Anuga (SAN); Hon Nelson Alapa; Soji Olowolafe (SAN); Reuben Atabo (SAN); Mr. Rawlings Agada, Deputy Clerk Of Senate (Admin); Chief Sylvester Ameh and Gen. Lawrence Onoja.
On October 8, 2003, MT African Pride, a standard oil tanker, was arrested by the Nigerian Navy Ship (NNS) NWAMBA under the command of a Captain, Joe Aikhomo, in the Western Naval Command of Nigeria Navy, off the entrance to the Forcados River in Delta state.
It was the largest ship ever arrested. All the crew were foreigners. At the time of arrest M.T. African Pride had 11, 300 MT of stolen crude oil cargo worth about N10 billion Naira at that time.
Military prosecutors then said Agbiti and another military commander, Rear Admiral Samuel Kolawole failed in their duty to protect Nigeria’s oil wealth and were responsible for the “simultaneous alteration, destruction and removal of documents” following the ship’s disappearance. The duo were demoted and dismissed from the Nigerian Navy.
But the case lasted to the Supreme court where Agbiti was acquitted of the alleged crimes.
Agbiti at the event revealed that “it was a son of the power that be, that was involved in that M.T. African Pride. But the innocent had been persecuted”
He said: ”What I will tell you, as Flag Officer Commander, I think, more than anyone else, I arrested more illegal ships involved in crude oil theft and the refund.
“And some other officers, like you heard the testimony of Rear Admiral Apochi. There are very many good officers pursuing the interest of a national wellbeing.
“And corruption, it has to be fought headlong. But I dare say that the current approach will not do us much good because it is being politicized. Those that are involved, they are the rich people. They are the politicians, not the military. The military is there to protect the national interest, to defend the national interest.
“And like I testified over there, it was the son of the power that be, that was involved in that M.T. African Pride. But the innocent had been persecuted. So corruption has to be stemmed from above and let it be sent to the classroom”.
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While appreciating Olanipekun for defending him, the Ex-naval officer advised that the judiciary must strive to become good, so that justice will be for all without partiality and without consideration of status of individuals.
He added: “So justice by itself is very good. If it is not justice, he could not have defended me down to Supreme Court for us to win. And what I need to state here, is that the Justice at the Appeal Court, told me that I had no ground of appeal, but God of justice, when he ran into trouble, he also sought for appeal, but he was told that he had no ground of appeal.
“So justice is from the throne of God. If you do injustice, God is angry with you. And if you do justice, God will be happy with you and he will bless you. So that is what it is about our justice system.
Olanipekun on his part said it took the grace of God and the strong judicial system in Nigeria at the time, for the retired Naval Officer to get justice at the Supreme Court.
“We are here today to celebrate the triumph of good over evil. They call it MT African Pride, that’s the name of the vessel. But the trial was African shame. It was a shame to even what we call the trials in the military, before the military tribunal. We saw it. We witnessed this, witnessed everything with our naked eyes.
“Inhumanity of man to man, injustice melted by fellow officers, to their superior or subordinates officers to their superior, and also his own colleagues, his peers within the military. They just wanted him out.
“The essence of this gathering today is also to plead with us in Nigeria or as Nigerians and also powers. That power is transient. They used power against this gentleman. I was there, I saw it all. The government of the day used power against him. They wanted to get rid of him by all means and at all cost.
The legal practitioner recalled how his client was threatened not to appeal to the Supreme Court, saying they promised “that they would get rid of him.”
“But we thank God, for the eminence, for the superiority of justice. Had there been no law, had there been no institution of the judiciary? It would have been worse than animals. You have read that book, the animal farm would have been worse than what happened in the animal farm.
“But thank God for the institution of the judiciary. Thank God for the men, for the characters that empanelled the Supreme Court, or the men that constituted that panel of the Supreme Court that adjudicated on his matter. It didn’t take them minutes. They were asking even the prosecuting counsel, will you oppose this appeal? They were referring him to pages of the records. Are you sure even the panel was properly constituted? Are you sure this evidence should have come in? Are you convinced even about the arraignment? Are you convinced about the way and manner they stood on the constitution of Nigeria even under the military enactments?
“And at the end of the day, Supreme Court came to the unanimous conclusion that everything done to him was a nullity. The Supreme Court didn’t go further to consider even the evidence, which, you know, there was no evidence at all. There was nothing. Everything was concocted.
“But then legally, Supreme Court said and agreed. Constitutionally, the Supreme Court agreed with us. It was a nullity. So it might be you, it might be me”, he said.
Olanipekun tasked Nigerian lawyers to continue to uphold the tenet of selflessness and humanitarian, urging those in power to rule with the fear of God.
He said, “The essence of what I said today is that we lawyers should be more appreciated by the society than what the society thinks about us. Lawyers are very sympathetic, they are very empathetic, they are humans. And also they appreciate the travails of their clients.
“But more often than not, people believe that lawyers are suckers, that they are always looking after money.
“The gentleman, the patriot, the officer mentioned it today that we did not appear for him because of money, but because we believed that he deserved justice.”
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