The Economic Effect of Piracy in Nigeria: An Overview of theFishing Industry

By

Kalu Kingsley Anele*

Abstract

The fishing industry plays a crucial role in the economic

development of Nigeria. Aside from providing revenue for the

government, the fishing sector also provides employment for the

teeming population in the coastal states in Nigeria, as well as

being a rich source of food for the country. Thus, the challenges

posed by piracy to the fishing industry, as well as other

economic activities in Nigeria, must be reduced to the barest

minimum in other to continue to benefit from this natural

resource. With the aid of data, pictograms, conventions, United

Nations Security Council resolutions, soft laws and opinions of

writers, this paper examines piracy and its effects on the

fishing industry in Nigeria. The paper further interrogates the

causes, consequences and challenges in combating piracy in

Nigeria with a view to proffering countermeasures to this

maritime crime. The paper concludes by reiterating the fact that

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Nigeria must domesticate and implement relevant international

instruments on maritime security and other related conventions,

and make use of the instrumentality of regional cooperation in

combating piracy in other to protect the fishing industry in the

country.

Keywords [Piracy, Fishing Industry, Nigeria Maritime Zones, Oil

and Gas Sector, IMB, UNSCRs]

I. Introduction

Figure 1: Map of Nigeria (Culled from “Nigeria-The CIA Factbook”)1

1*Research Fellow, Nigerian Institute of Advanced Legal Studies (NIALS),Lagos, Nigeria.) See “Nigeria-The CIA Factbook,” <https://search.yahoo.com/search?p=map+of+nigeria&fr=dss_yset_chr> accessed 10 February 2015.

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Geographically, Nigeria is a coastal state with coastline of

approximately 853 kilometers (km). It stretches from the Western

border with the Republic of Benin to the Eastern border with

Cameroon. In 1978, Nigeria established an exclusive economic zone

(EEZ) which is adjacent to the territorial waters extending 200

nautical miles (nm) from the baseline. The surface area of the

continental shelf is 46, 300km while the EEZ covers area of 210,

900km; and within these areas, Nigeria exercises sovereign rights

for the purposes of exploring, exploiting, conserving and

managing the natural resources in the area.2 The Nigerian2) See art. 56 (1) (a) of the Law of the Sea Convention, 1982, hereafterreferred to as the “LOSC.” See also Nenibarni Zabbey, “The Challenges ofSustainable Shrimp Fisheries in Nigeria,” keynote address presented at a 2-daynational workshop on Catch Data Transparency and Bycatch Reduction, organisedby the Centre for Environment, Human Rights and Development (CEHRD), with

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coastline is occupied by 8 states (Lagos, Ogun, Ondo, Bayelsa,

Rivers, Delta, Akwa Ibom and Cross Rivers) out of the 36 states

in the country (See Figure 1 above). Nigeria’s coastal area is

endowed with numerous living and non-living resources. The most

important living resource in Nigeria’s waters is the fish. There

are many species of fish available in Nigeria’s coastal area, and

they include shellfish, shrimps- predominantly members of the

family penaeidae,3 tilapia, catfish and carp, particularly, the

African catfish Clarias gariepinus, which is the most farmed in the

country.4 Nigeria contributes significantly to the ‘wild-caught

shrimps’ from the tropics.5 For most countries in the Gulf of

Guinea region,6 fisheries may relatively be a small part of the

support from the World Conservation Union (IUCN), Amsterdam, The Netherlands,held at the conference room of Sissi Hotel, 46 Oromenike Street, D/Line, PortHarcourt, Rivers State, Nigeria, p. 3<www.cehrd.org/files/SUSTAINABLE_SHRIMP_ FISH ERIES_IN ...> accessed 7February 2015, citing World Resources Institute. 3) N. Zabbey, ibid, citing C.O. Dulin-Green & J.G. Tobor.4) O,A. Adedeji & R.C. Okocha, ‘Constraints to Aquaculture Development inNigeria and Way Forward,” (2011) Journal of Applied Sciences Research, Vol. 7,No. 7, p. 1134.5) Shrimps are highly relished and priced delicacy on the world cuisine. SeeN. Zabbey (n. 2).6) The Gulf of Guinea region is defined here as the part of the Atlantic OceanSouthwest of Africa which encompasses over a dozen countries from West andCentral Africa, namely: Angola, Benin, Cameroon, Central African Republic,Côte d’Ivoire, Democratic Republic of Congo, Equatorial Guinea, Gabon, Gambia,Ghana, Guinea, Guinea-Bissau, Liberia, Nigeria, Republic of Congo, São Toméand Príncipe, Senegal, Sierra Leone and Togo. Freedom C. Onuoha, “Piracy andMaritime Security in the Gulf of Guinea: Nigeria as a Microcosm” Al Jazeera

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economy in terms of its share in gross domestic production (GDP).

However, it is an important source of income and food for

impoverished rural communities. For instance, in Nigeria, Guinea

and Congo, more than 70 percent of the population lives in abject

poverty which makes any form of employment and food production in

the fishing sector very important.7 Consequent upon that, the

fishing industry is an integral part of the economic development

of these countries.

Owing to its extensive coastline and tropical climate,

Nigeria has the potential to develop a diversified ecology for a

range of commercially viable varieties of fish. The economic

potentials of fishing are many, in view of the fact that it

generates both secondary and tertiary enterprises. Therefore,

more efficient methods of inland cultivation and coastal

trolling, executed in an export oriented environment, can

engender rapid growth of sundry industries. Fishing industry has

the capability of driving considerable enterprise development,

transforming rural economies and generating direct and indirect

Centre for Studies, 2012, p. 3.7) J.W. Reuchlin, “The Economic Impacts of Piracy on the Commercial ShippingIndustry,” DMPP Research Paper, 2012, pp. 23-24.

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employment opportunities in the process.8 The importance of the

fishery sector is evident in the economic development of Nigeria

as it contributes 4 percent of the GDP.9 In their opinion,

Adedeji and Okocha state that the “fisheries sector accounts for

about 2% of national G.D.P, 40% of the animal protein intake and

a substantial proportion of employment, especially in the rural

areas; the sector is a principal source of livelihood for over

three million people in Nigeria.”10

The enterprise potential of the fishing industry is

significant due to the nature of the business. Fishing relies

extensively on small and middle scale ancillary industries like

canning, net making and boat building, simultaneously supporting

an additional base of activities in storage, processing and

marketing. The net scope for employment generation, business

development, poverty eradication and revenue generation through8) Peter Osalor, “Fishing and Nigeria’s 2020 Goals for EntrepreneurialRevolution,” Vanguard, 3 January, 2011<http://www.vanguardngr.com/2011/01/fishing-and-nigeria%E2%80%99s-2020-goals-for-entrepreneurial-revolution/> accessed 7February 2015. 9) “Re-Positioning the Fisheries Sector,” a speech delivered by the HonourableMinister of Agriculture and Rural Development, Dr Akinwumi Adeshina on the25th of February, 2014<http://www.fmard.gov.ng/news_inside/96> accessed 6December 2014. 10) O,A. Adedeji & R.C. Okocha (n. 4) p. 1133.

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these allied activities make fishing essentially relevant to

Nigeria’s quest for inclusive economic growth.11 Thus, the

expansion of fishing sector in Nigeria engenders the following

activities: aquaculture which provides opportunities for optimal

land use, allowing areas unsuitable for crops to be developed

into economically productive ponds and fisheries. Further, it

leads to focused expansion of artisanal and small scale fishing

that can help quicken the turn-around of rural economies by

generating jobs and engendering entrepreneurial activity. It is

trite that in underdeveloped areas and among rural communities,

sustainable fish farming can help improve both nutritional and

living standard. More importantly, Nigeria’s highly diversified

tropical ecology makes fishing in brackish and fresh waters

almost a zero opportunity cost endeavour with broad growth

potential.12

In spite of the great potentials of fish farming in Nigeria,

the country is still unable to fully tap from the economic

benefits of this resource. This is reflected in the country’s

11)P. Osalor (n. 8). 12) Ibid.

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inability to bridge the gap in the short fall between total

domestic fish production and the total domestic demand. In

Nigeria, total domestic fish production is far less than the

total domestic demand. According to Nigerian Trawler Owners

Association (NITOA), it is estimated that Nigeria, with a

population of about 174 million people, requires about 2.1million

metric tonnes (mt) of fish while domestic production amounted to

740,000 mt.13 Fish importation makes up the balance of 1.4 mt.14

Importation is thus often used to bridge the fish supply demand

gap. Zango-Daura observes that Nigeria requires about 1.5 million

tonnes of fish annually to meet Food and Agricultural

Organisation’s (FAO) recommended minimum fish consumption rate of

12.5 kilograms (kg) per head yearly to satisfy basic protein

needs.15

While illegal unregulated and unreported (IUU) fishing

contributes to the low domestic fish production,16 piracy in

13) “NITOA Cautions FG on Fish Import Ban,” Ships & Ports<http://shipsandports.com.ng/nitoa-cautions-fg-on-fish-import-ban/> accessed12 February 2015.14) Ibid. 15) O,A. Adedeji & R.C. Okocha (n. 4) p. 1134, citing Zango-Daura. 16) Charles Ukeje & Wullson M. Ela, African Approaches to Maritime Security- The Gulf ofGuinea (Fredrich-Ebert-Stifung: Abuja 2013) pp. 21-22.

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Nigeria’s territorial waters significantly affects the fishing

industry in the country. Despite the attempt by Nigerian

government to secure its maritime zones, piracy has continued to

thrive, posing a serious challenge to fisheries, especially to

research and scientific initiatives, to fish population and the

size of fish stocks, to fisheries management and at-sea

observations, to fishing practices, to the economic viability of

fishing enterprises, to livelihoods and food security, to revenue

to the government and to other allied industries. Aside from

Nigeria, piracy has similar “…impact on countries like the

Seychelles, which relies on the fishing industry for up to 40% of

its earnings.”17

The incidence and effect of piracy on the fishing industry

was aptly illustrated by the event that took place early in 2008,

when the fishing industry in one of the coastal states in

Nigeria, Akwa Ibom, was paralysed in a wave of extortion and boat

17) Rashid Sumaila, “Piracy and its Challenges to the Fisheries Sector,” beinga paper presented during a workshop organised by the European Bureau forConservation and Development (EBCD), held at Constance Ephelia Resort Mahe,Republic of Seychelles, 28-29 February, 2012 <http://www.ebcd.org/pdf/en/162-REPORT_FINAL_The_Impacts_of_Piracy_on_Fisheries_in_the_Indian_Ocean.pdf>accessed 6 December 2014.

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hijack executed by pirates. The attacks forced trawlers to go on

an indefinite strike, bringing the local economy to a standstill

and causing huge loss of revenue to the state. While this

particular situation was eventually resolved, security remains

just one of the several intractable challenges restraining the

expansion of Nigerian fishing industry.18 These pirate attacks

also have humanitarian effect as fishermen are injured or killed

in the process of hijacking their trawlers.19 For example, in

2003, there were 107 attacks on fishing trawlers, while in

January 2008 alone, 50 attacks took place, and over 64 attacks

were recorded in October 2008;20 in the process, some fishermen

would have been either injured or killed. Presently, the

incessant piratical attacks and hijack of trawlers, which are

eventually used by pirates as mother ships for further attacks,

have tremendous effect on the fishing industry in Nigeria.

18) O,A. Adedeji & R.C. Okocha (n. 4).19) “Pirates Paralyze Nigeria’s Fishing Industry,” Maritime Terrorism ResearchCenter, 14 February, 2008<http://www.maritimeterrorism.com/2008/02/14/pirates-paralyze-nigerias-fishing-industry/> accessed 7 February 2015.20) Freedom C. Onuoha & Habiba I. Hassan, “National Security Implications ofSea Piracy in Nigeria’s Territorial Waters,” (2009) The Nigerian ArmyQuarterly, p. 10<https://www.academia.edu/894152/National_Security_Implications_of_Sea_Piracy_in_Nigerias_Territorial_Waters > accessed 30 July 2014.

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Against this backdrop, this paper argues that due to the

importance of fishing in the economic development of Nigeria,

efforts should be made to suppress piracy in the territorial

waters of the country. More importantly, Nigerian government

should domesticate and implement relevant international

instruments on maritime security and other related conventions,

engage in regional cooperation in combating piracy and secure its

maritime zones by deploying security and regulatory agencies to

police and monitor activities in its maritime areas with state of

the art facilities. In view of this, the paper is divided into

six parts. Part I is the introduction in which the background

analysis of the fishing industry vis a vis the maritime zones of

Nigeria is streamlined. Part II is the contextual background,

which discusses piracy and the economy of Nigeria with a view to

identifying the effects of the crime on the economic development

of Nigeria generally. Further, the fishing industry is also

discussed in Part II to elaborate on the activities and economic

importance of the industry, particularly in piracy prone waters.

Part III looks at some of the causes and consequences of piracy

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in Nigeria and other countries, particularly as it affects the

fishing industry. Challenges in the suppression of piracy in

Nigeria are contained in Part IV, while the countermeasures to

piracy in Nigeria are the focus of Part V. The paper ends with a

conclusion in Part VI, which maintains that piracy in Nigeria

must be curbed through a multi-dimensional approach in other to

encourage entrepreneurial activities in the fishing industry.

II. Conceptual Background

1. Piracy and Economic Development of Nigeria

Table 1: The Number of Global Piratical Attacks (Table created by

the Author) (See IMB Piracy Report for 2014)21

Countri

es

200

9

201

02011 2012 2013 2014

Nigeria 29 19 10 27 31 1821) See ICC International Maritime Bureau, “Piracy and Armed Robbery againstShips: Report for the Period 1 January-31 December, 2014,” January, 2015, p.5, hereafter referred to as “IMB Piracy Report for 2014.”

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Somalia 80 139 160 49 7 3

Indones

ia15 40 46 81 106 100

Banglad

esh18 23 10 11 12 21

Columbi

a5 3 4 5 7 2

Nigeria, with a population of over 174 million, is one of

the world’s largest producers and exporters of crude oil. The

country is also endowed with huge volume of gas.22 Nigeria’s oil

sector provides more than 40 percent of the GDP, 95 percent of

the country’s total exports and about 80 percent of budgetary

revenues that all tiers of government heavily depend on.23

Despite the billions of dollars generated from oil exploration,

the Niger Delta, where oil and gas are explored, has mainly

22 Salisu O. Usman, “The Opacity and Conduit of Corruption in the Nigeria OilSector: Beyond the Rhetoric of the Anti-Corruption Crusade,” (2010) Journal ofSustainable Development in Africa, Vol. 13, No. 2, p. 295.23 For a breakdown of the impact of oil sector on Nigeria’s budget, see“Nigeria’s 2014 Budget: Tax and Economic Analysis,” January, 2014<http://pwcnigeria.typepad.com/files/nigerias-2014-budget---tax-and-economic-analyses.pdf?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original> accessed 30 December 2014.

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encountered the negative effects of oil exploitation. With over

50 years of oil exploitation, vast stretches of the region have

poor water quality; there is pollution, disruption and

degradation of farmlands and fish ponds, destruction of wildlife

and biodiversity, loss of fertile soil and generally, there is an

absence of infrastructural development. Moreover, there has been

no provision of adequate compensation or a planned mitigation

policy for the areas affected.24 Pollution as a result of oil

exploration affects not only fishing in the Niger Delta area; but

also leads to the emergence of piracy in the area due to poverty

and unemployment. Regrettably, as a result of piracy, Nigeria

loses about US$8 billion annually.25

Further, a cursory look at the table above (Table 1) shows

that, in Nigeria, piracy has continued to increase from 2011 to

2013. However, the spate of pirate attacks seems to have reduced

in 2014. Unfortunately, a comparative analysis of pirate attacks

24 Olubayo Oluduro, “Oil Exploitation and Human Rights Violations in Nigeria’sOil Producing Communities,” (2012) Africa Focus, Vol. 25, No. 2, p. 160<http://www.brookings.edu/~/media/research/files/reports/2012/1/priorities%20foresight%20africa/01_snapshot_nigeria_adeoti> accessed 11 September 2014.25) Kalu K. Anele & Yun-Cheol Lee, “A Study on Strengthening Control ofMaritime Piracy in Nigeria’s Territorial Waters,” (2014) Maritime Law Review,Vol. 26, No. 2, p. 25.

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shows that presently, aside from Indonesia and Bangladesh,

Nigeria has the highest number of attacks, even surpassing

Somalia (See Table 1). Nigeria therefore has the highest number

of pirate attacks in Africa. More so, from IMB Report for 2014,

pirate attacks in Nigeria are the most violent and could lead to

the death of crewmembers and fishermen.26 More importantly, a

thorough look at Figure 2 below buttresses the fact that piracy

in Nigeria takes place essentially within the territorial waters,

ports and sometimes in the internal waters of the country. In

other words, piracy drastically affects all legitimate activities

in these maritime zones, particularly fishing.27

Since 2011, crude oil production in Nigeria averaged close

to 2.13 million bbl/d, up from 2.05 million bbl/d in the previous

year. The recent increase in production is due to the expansion

of existing fields and new production from deepwater fields. The

government took measures to attract investment to deepwater

26) IMB Piracy Report for 2014, pp. 20-21. See also “Piracy and Acts of ArmedRobbery of Ships April 2014,” Suritec Monthly Piracy Report, p. 10 hereafterreferred to as “Suretic Monthly Piracy Report” and Donna Nincic, “MaritimePiracy in Africa: The Humanitarian Dimension,” (2009) African Security Review,Vol. 18, No. 3, p. 7.27) See arts. 2 & 56 of LOSC.

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acreage in the 1990s to boost production capacity and diversify

the location of the country’s oil fields. The latest major

deepwater field to come on-stream was Total’s Usan field, which

began producing over 100,000 bbl/d to 180,000 bbl/d in 2012.28

Piracy affects investments in deepsea oil exploration in the

country’s maritime zones. Pirate attacks are also extended to

vessels engaged in support services to the deepsea oil platforms

in the territorial waters of Nigeria.

Nigeria, just like most African countries, depends on

importation of finished goods from the developed countries in

Europe, Asia and North America. On the other hand, African

countries export raw materials to these developed countries,

which makes maritime transportation a very important means of

conducting international trade. Thus, the significant dependence

of African countries on international trade makes maritime

transport a crucial factor in Africa’s economic development,

particularly in Nigeria. It is trite that shipping “provides a

gateway to international markets for Africa’s exports; port28) U.S. Energy Information Administration (EIA) “Nigeria” Full Report, lastupdated 30 December, 2013<http://www.eia.gov/countries/analysisbriefs/Nigeria/nigeria.pdf> accessed 11February 2015.

16

facilities play an important trade facilitation role to

landlocked countries; fishing and tourism are important sources

of income and employment to littoral and island economies…”29

Consequent upon that, there are a lot of activities in Nigeria

ports which allow the country to earn revenue for the country.

These sources of revenue are threatened by the activities of

pirates in Nigeria’s territorial waters.

As a corollary to the above, Africa has seen a surge in the

installation of intercontinental submarine cables and pipes that

aim to improve the region’s connectivity. This has created new

business opportunities like provision of data services and mobile

telephone services which facilitate faster data transfer. This is

illustrated by SEACOM’s submarine cable which is a fiber optic

cable providing high capacity bandwidth to Southern Africa, East

Africa, Europe, and South Asia, and it went into commercial

operation in July 2009 despite enhanced pirate acts on the route

taken by its cable-laying ships.30 Evidently, piracy affects the

29) Kennedy K. Mbekeani & Mthuli Ncube, “Economic Impact of Maritime Piracy,”AFDB, Africa Economic Brief, Vol. 2, Iss. 10, 14 July, 2011, p. 2. 30) Ibid, p. 3.

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laying of submarine cables and pipes in territorial waters and

the high sea.

In view of the above position, the definition of piracy by

the International Maritime Bureau (IMB), which is for statistical

purposes, is used in this paper. IMB defines piracy as “an act of

boarding or attempting to board any ship with the intent to

commit theft or any other crime and with the intent or capability

to use force in furtherance of the act.”31 This is supported by

Figure 2 below, which clearly depicts the maritime zones in which

piracy occurs in Nigeria. But it is important to note that under

international law, piracy means act of violence, depredation,

among others, on a ship by another ship on the high sea for

private ends.32 Due to the limitations inherent in this

definition,33 the International Maritime Organisation (IMO), on

its part, refers act of piracy in territorial waters of a coastal

31) See ICC IMB, “Piracy and Armed Robbery against Ships, Annual Report, 1January-31 December, 2009,” January, 2010, p. 3. 32) Art. 101 of the LOSC. 33) For the limitations of the definition of piracy under the LOSC, seegenerally, Beckman Robert & Palakrihman Sanjay, “Regional Cooperation toCombat Piracy and International Maritime Crimes: The Importance ofRatification and Implementation of Global Conventions,” conference on thepractices of the UNCLOS and the resolution of South China sea disputes,National Taiwan Normal University, 3-5 September, 2012, p. 5.

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state as armed robbery against a ship.34 Evidently, United

Nations Security Council (UNSC), through its resolutions,35

adopted the IMO definition of piracy and extended the fight

against Somali pirates to the country’s territorial waters, which

has been implemented by different joint naval forces and navies

of some countries resulting in the reduction in the number of

pirate acts in the Indian Ocean and Gulf of Aden. It is important

to note that such concerted effort to combat piracy should be

extended to Nigeria.36

Figure 2: Gulf of Guinea Piracy Map37

34) International Maritime Organisation hereafter referred to as “IMO.” Seepara. 2.2 of the Code of Practice for the Investigation of the Crimes ofPiracy and Armed Robbery against Ships, IMO Assembly Resolution A. 1025 (26),adopted 18 December 2009. See also article 1, para. 4 (a) of the Code ofConduct Concerning the Repression of Piracy, Armed Robbery against Ships, andIllicit Maritime Activity in West and Central Africa, 25 June, 2013 andarticle 1 of the Regional Cooperation Agreement on Combating Piracy and ArmedRobbery against Ships in Asia (ReCAAP), 11 November, 2004, 2398 U.N.T.S.,which adopt the IMO definition of piracy. 35) See generally the UNSC Resolution 1851, S/RES/1851, 16 December, 2008; andthe UNSC Resolution 1897, S/RES/1897, 30 November, 2009. 36) Note that the UNSC resolution takes precedent over any provision of aconvention. See art. 103 of the UN Charter, 1945. 37) See Piracy Map 2013 <http://www.permanan.org/piracy-map-2013/ > accessed31 January 2015.

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2. The Fishing Industry in Nigeria

The Nigeria’s maritime zones are plagued with almost daily

attacks by pirates and armed robbers on shrimp trawling vessels,

leading to killings and maiming of crew members, abduction of key

officers and demand for huge ransom for their release, seizure of

vessels for days leading to loss of fishing days, and the removal

of fishing/communication equipment and catches. These attacks

have exposed the inadequacies of the security agencies and

regulatory institutions; and if unchecked, it may lead to the

complete collapse of the fishing industry.38 A total of 271

reported cases of attacks on vessels operating in the Nigeria’s

territorial waters occurred between February 2009 and September,

2013.39 The socio-economic impact is huge, as it has led to a

38) “Re-Positioning the Fisheries Sector,” (n. 9).39) Ibid.

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drastic reduction in the number of fishing fleet from about 230

vessels to only 119 vessels, with only ten companies in operation

in recent years.40 Figure 3 below shows the maritime zones, aside

from international waters, in which Nigeria has sovereign right

over the living resources, especially fish.

As a corollary to the above, fishing was the second-largest

industry in Nigeria next to oil41 and over the years, the

aggregation of environmental damage from oil spills and maritime

piracy has reduced the country’s fishing economy. The combined

effects of spills from vandalised pipelines and obsolete

infrastructure and the frequent attacks on fishing vessels has

caused many trawlers to become idle. Consequent upon that,

seafood prices in Nigeria have skyrocketed due to the scarcity of

fish, putting an important protein source out of reach for many

ordinary Nigerians. In addition to that, the billions of dollars

lost by the fishing industry has put tens of thousands of40) Ibid. 41) Godfrey Bivbere, “Fish Poaching, Piracy Draining Nigeria’s ForeignExchange-Ex-NITOA Boss,” Vanguard, 9 February, 2015<http://www.vanguardngr.com/2015/02/fish-poaching-piracy-draining-nigerias-foreign-exchange-ex-nitoa-boss/> accessed 10 February 2015. Now, the portsare considered the second highest revenue earners for the economy after oiland gas in Nigeria. See Gregory A Nwakunor, “Eastern Port Operation as WastingAssets,” The Guardian, 14 July, 2013, p. 26.

21

Nigerians out of work, adding strain to an already bleak

employment picture where alternative livelihoods are not readily

available.42

Aside from Nigeria, piracy affects the fishing industry in

other coastal states. It has been reported that Taiwan’s fishing

fleet has been scared off by the threat of piracy, leading to 66

vessels equipped to fish bigeye tuna ceasing operation out of 141

vessels.43 In 2009, Prime Minister Al Mohammed Mujawar announced

that the Yemeni fishing industry had lost US$150 million due to

piracy and armed robbery against vessels.44 The fishing sector

is one of the main pillars of Seychelles economy, accounting for

90 percent of export and for over 20 percent of exports in

Madagascar.45 “In Seychelles, tourism and fisheries together

account for 65 percent of Gross Domestic Product (GDP) and

42) Bryan Abell, “Nigeria Versus Somali Piracy: Eight Differences You Need toKnow,” gCaptain, 18 November, 2013, <http://gcaptain.com/nigerian-versus-somali-piracy-eight-differences-you-need-to-know/> accessed 9February 2015. 43) “The Economic Cost of Maritime Piracy,” One Earth Future Working Paper,December, 2010, p. 22. 44) Ibid, p. 21. 45) United Nations Conference on Trade and Development, Maritime Piracy, An Overviewof Trends, Costs and Trade-Related Implications (Part I, United Nations, New York andGeneva, 2014) p. 32.

22

provide employment for 36 percent of the country’s workforce.”46

Piracy reduces the country’s GDP by 4 percent every year.47

Figure 348: Maritime Zones

III. Causes and Effects of Piracy on the Fishing Industry in Nigeria

1. Causes of Piracy in Nigeria and other Countries(1) Underdevelopment of the Oil Producing Communities

One of the major causes of piracy is the underdevelopment of the

coastal areas. Against this backdrop, the Niger Delta youths in

the South-South Nigeria have been very restive due to complete

46) Ibid. 47 ) “The Economic Cost of Maritime Piracy,” (n. 43) p. 21.48) Culled from Anamika A. Twyman-Ghoshal, “Contemporary Piracy Research inCriminology: A Review Essay with Directions for Future Research,” (2014)International Journal of Comparative and Applied Criminal Justice, Vol. 38,No. 3, p. 284<http://www.tandfonline.com/doi/pdf/10.1080/01924036.2013.821079 > accessed 25 October 2014.

23

neglect of the region by each successive government. There is

overwhelming infrastructural neglect in the coastal communities,

coupled with the devastation of the environment as a result of

activities of oil exploration in the area. Despite the fact that

about 95 percent of Nigeria’s revenue comes from the region, it

has been subjected to all forms of infrastructural decadence.

This has been made worse by environmental pollution, like oil

spillage, which destroys the agricultural potentials of the

coastal areas, including fishing and farming.49

(2) Environmental Degradation of the Oil Producing Communities

Due to the activities of oil and gas exploration, the environment

of the host communities is severely destroyed. As a result of

this, the ecosystem is devastated. According to a Shell

sponsored report,50 due to decades of oil and gas exploration in

the Niger Delta area, the environmental stress has increased and

livelihoods have been impacted by a combination of these factors,

as well as lingering residues of pollutants. This situation has49)K.K. Anele & Y. Lee (n. 25) p. 30.50) IUCN Niger-Delta Panel, Sustainable Remediation and Rehabilitation of Biodiversity andHabitats of Oil Spill Sites in the Niger delta: Main Report including Recommendations for the Future AReport by the Independent IUCN-Niger-Delta Panel (IUCN-NDP) to Shell PetroleumDevelopment Company of Nigeria (SPDC), (Switzerland: Gland, 2013) p. 11.

24

not provided a conducive environment for the recovery and return

of biodiversity. The pollution of the environment adversely

affects fishing and farming, thereby aggravating poverty and

unemployment which culminates to increased restiveness among the

youth of the Niger Delta region,51 creating an enabling

environment for piracy and other maritime crimes to thrive.

(3) Existence of Organised Crime

Piracy in Latin American countries occurs where shipping routes

coincide with routes used for trafficking in illegal commodities,

particularly drugs, illegally extracted raw materials, human and

arms. This affects the maritime border between Colombia and

Venezuela, Haiti and Jamaica, among others. Well-established

smuggling routes run through these areas, and are used in

exporting cocaine to the United States and Europe. The

intermediaries of the cocaine trade possess speedboats and heavy

weaponry, creating an incentive to utilise the equipment for

other purposes, like piracy.52 In the Gulf of Guinea, there are51) Ibid. See generally, United Nations Environment Programme (UNEP),Environmental Assessment of Ogoniland (Nairobi: UNEP, 2011). 52) Daniel Brombacher & Gunther Maihold, “Maritime Security in Latin America”in Stefan Mair (ed.) Piracy and Maritime Security: Regional Characteristics and Political, Military,Legal and Economic Implications (Berlin: Stiftung Wissenchaft & Politik 2011) pp. 53-54.

25

also smuggling routes for arms and ammunitions, narcotics, among

other things, to Europe and North America.53

(4) Poverty and Unemployment

In addition to lack of infrastructural development of the oil

producing areas, 70 percent of Nigerians live below the poverty

line amid abundant natural resources.54 Aside from poverty, the

teeming youths from the oil producing areas are unemployed which

exposes them to criminal activities like piracy. This situation

is similar in many other African countries particularly in the

Gulf of Guinea where the youths in a well-coordinated scheme get

involved in piracy as a means of survival. Poverty and

unemployment which have given fillip to piracy is a common

53) For information on the smuggling of narcotics into Europe, Council of the European Union, “EU Strategy on the Gulf of Guinea,” Foreign Affairs Council Meeting, Brussels, 17 March, 2014, p. 2.54) For more details on the poverty and unemployment level in Nigeria, seeAlexander Ekemenah, “Unemployment in Nigeria: Task before Jonathan’sAdministration,” BusinessWorld, 2-9 September, 2013, pp. 32-33. According to the2014 Human Development Report, Nigeria is ranked 152 out of 187 countriesdespite its huge human and natural resources. See the United NationsDevelopment Programme (UNDP), Sustaining Human Progress: Reducing Vulnerabilities andBuilding Resilience- Human Development Report 2014 (New York: UNDP, 2014) p. 162.

26

feature in Indonesia.55 Thus, poverty and unemployment lead to

piracy.

2. Effects of Piracy on the Fishing Industry in Nigeria and other Countries

(1) Humanitarian Effects

Pirate attacks on fishing trawlers lead to humanitarian

consequences when pirates shoot, maim and kill crew members.

This situation is aptly demonstrated by an incident that occurred

on the 23 April, 2014, when armed robbers attacked fishing boats

on the Ibeno waterways in Akwa Ibom state, Nigeria. The engine of

the boat, nets and fish were stolen, while one of the fishermen

was shot.56 Lending credence to the spate of piracy attacks on

fishermen, NITOA stated that it lost 4 crewmembers after 144

55) Chris E. Mbah, “Politics and Illusion of Peace: The Dynamics andChallenges of Security in Africa in 21st Century-A Classical Case of Nigeria”2011 <http://www.culturaldiplomacy.org/academy/content/pdf/participant-papers/2012-01-eaac/Politics_and_the_Illusion_of_Peace_-_Chris_Ekene_Mbah.pdf>accessed 11 February 2015. The causes of piracy in Asia include rampantunemployment, rising poverty, and slow economic growth which impede statesfrom financing anti-piracy efforts, but these economic hardships only raiseincentives for individuals to join piracy gangs. Following the Asian financialcollapse, many turned to crime to acquire money, food, or cigarettes. Someships carry enough food to feed an entire village, while others carry oil orother cargo that can be resold for tremendous profits. See Jennifer C.Bulkeley, “Regional Cooperation on Maritime Piracy: A Prelude to GreaterMultilateralism in Asia?,” (2003) Journal of Public and International Affairs,Vol. 14, p. 3. Piracy in the Strait of Malacca has been linked to poverty andill-equipped security agency. See Patrick Winn, “The World has a New PiracyHotspot,” Global Post, 27 March, 2014.56) Suritec Monthly Piracy Report, p. 10.

27

piratical attacks on trawlers in 2012.57 Nincic has observed that

pirate attacks on fishing vessel have resulted in the killing of

fishermen.58 Aside from fishermen, pirates also hijack oil

tankers, while crewmembers are injured and kidnapped in the

process in Nigerian waters.59 In more than one instance since

2011, the Somali pirates have assaulted fishermen and fishing

vessels of Sri Lankan origin and on one occasion killed two

fishermen.60 The attack on a fishing trawler, Sherry Fishing Dhow, by

Somali pirates on the Indian Ocean, in which extreme violence was

used against the crew, by firing at them using AK 47 rifle and a

pistol, and subsequently taking control of the trawler,

endangered the lives of the crew members.61

(2) Economic Effect

57) “How Pirates Operate on Nigeria Waters-Fishing Trawlers Owners” ShippingPosition, 7 March, 2013 <http://shippingposition.com.ng/article/how-pirates-operate-nigerian-waters-fishing-trawler-owners> accessed 12 February 2015. 58) D. Nincic (n. 26) p. 7.59) IMB Piracy Report for 2014, p. 26.60) Daya Dharmapriya, “Countering Maritime Piracy: A South Asian Perspective”Regional Counter-Piracy Workshop, Colombo, Sri Lanka, 27-28 September, 2012<http://oceansbeyondpiracy.org/sites/default/files/dharmapriyas_paper_formatted.pdf> accessed 11 February 2015. 61) See the case of Republic v Abdirahaman Isse Mohamud & Ors Misc. CriminalApplication No. 72 of 2011, p. 2.

28

Piracy also imposes significant costs on the Nigeria’s important

local fishing economy. Fishing was the second highest non-oil

export industry in the country, and pirate attacks on fishing

trawlers have reached the point that many fishing boat captains

refuse to sail. The attacks range from minor harassment to theft

of fish cargoes, engines and other material on board and

extortion. It is important to note that pirate attacks worldwide

are considered to be vastly under-reported, and Nigeria is no

exception, particularly when it comes to attacks on fishing

vessels. The Nigerian Maritime Security Task Force on Acts of

Illegality in Nigerian Waters (IAMSTAF) reported at least 293

documented sea robberies and pirate attacks between 2003 and 2008

on the country’s fishing vessels alone.62 From available data,

NITOA lost a whopping some of N118.5 billion between 2003-2011.63

Figures released by NITOA showed that members lost N5bn in 2003,

N6bn in 2004, N7.5bn in 2005, N12bn in 2006, N13 in 2007, N15bn

in 2008, N17bn in 2009, N20bn in 2010 and N23bn in 2011.64

62) D. Nincic, (n. 26) pp. 7-8.63) Francis Ezem, “Trawler Owners Lose N119bn to Piracy in Eight Years,”National Mirror, 24 December, 2012 <http://nationalmirroronline.net/new/trawler-owners-lose-n119bn-to-piracy-in-eight-years/> accessed 12 February 2015. 64) Ibid.

29

(3) Health Effect

In addition to the impact on Nigeria’s export economy, seafood

prices have skyrocketed due to the scarcity of fish caused by

fewer fishing vessels being willing to put to sea. Prices have

more than doubled and even quadrupled in some places, placing

this important protein source out of the reach of most of the

average citizens.65 This situation is also peculiar to other Gulf

of Guinea countries. For example, fish stocks are an important

source of protein for the region. Angolan annual per capita food

supply from fish and fishery products over the period 2002–2007

was 14kg per person – above the sub-Saharan average of 8kg –

which is fairly typical of regional coastal nations. The poorest

40 percent of the regional population depend on fish as a crucial

component of their diet.66 Piracy jeopardises the nutritional

value derived from the fishing industry, and this culminates to

other health challenges like malnutrition, obesity, diabetes,

among others.

(4) Socio-Political Effect

65) D. Nincic, (n. 26) p. 8. 66) “Maritime Security in the Gulf of Guinea,” Report of the conference heldat Chatham House, London, 6 December, 2012, March, 2013, p. 3.

30

As of March 2008, over 170 fishing trawlers were idle because

fishing boats were afraid to put to sea, threatening

approximately 50 000 jobs. The consequence of this is that

Nigeria stands to lose up to US$600 million in export earnings

due to piracy threats to its fisheries.67 More so, many fishing

companies are relocating to other countries, while others are

closing down completely as a result of piracy in the territorial

waters of Nigeria.68 It is evident, therefore, that the

disruption of fishing activity due to piracy portends grave

danger to the socio-political and economic development of Nigeria

and other Gulf of Guinea countries.69 In Seychelles, for

instance, the fishing industry, as well as tourism, provides

employment for 36 percent of the country’s workforce,70 and

piracy adversely affects this.

67) D. Nincic (n. 26) p.8. 68) O. U. Jerome, “How has the Nigerian Maritime Industry Performed in theLast 50 Years?” Ships and Ports Weekly, January, 2011, p. 4<https://www.academia.edu/1037968/How_has_the_Nigerian_Maritime_Industry_performed_in_the_Last_50_years> accessed 6 December 2014. 69) United Nations Conference on Trade and Development (n. 45) p. 31. 70) Ibid, p. 32.

31

IV. Major Challenges in Combating Piracy in Nigeria

1. Lack of Political Will by Nigerian Government

The greatest challenge in the fight against piracy in Nigeria is

the lack of political will on the part of government to implement

and enforce the numerous policies, legislations, and

international instruments that ensure the security and safety of

maritime transportation. Despite the fact that piracy adversely

affects the main source of revenue to the country,71 government

has continued to drag its feet in implementing and enforcing

legislations to curb piracy. For example, government has also

failed to prosecute and punish corrupt individuals in the oil

sector indicted in several reports by the various investigative

committees on the activities in the oil sector.72

2. Inadequate Legal Framework71) The main source of revenue in Nigeria is Oil and Gas. Piracy also affectsother sources of revenue in Nigeria like the ports and other relatedactivities and fishing. 72) See generally, House of Representatives Report of the Ad-Hoc Committee“To Verify and Determine the Actual Subsidy Requirements and Monitor theImplementation of the Subsidy Regime in Nigeria” Resolution No. (HR.1/2012),18 April, 2012. Nigeria Extractive Industries Transparency Initiative (NEITI),“NEITI’s 2012 EITI Report in Compliance with Requirement 21 (c) of the EITIRules, 2011 Edition”. “Report of the Petroleum Revenue Special Task Force”Federal Ministry of Petroleum Resources, Abuja, August, 2012.

32

There is no doubt about the fact that criminalising piracy in

accordance with the provisions of the LOSC73 and the various

UNSCRs74 is the first step towards suppressing global piracy.

However, Nigeria has not complied with these provisions;

therefore, there may not be an extant domestic law on piracy in

the country. More so, some of the related conventions like the

Maritime Labour Convention (MLC) 2006, which provides for the

protection of the rights and improved working environment for

seafarers has not been domesticated according to the requirement

of the Constitution of Nigeria75.

3. Inefficient and Compromised Regulatory and Security Institutions

Aside from being ill-equipped, ill-motivated and ill-trained, the

regulatory institutions and security agencies have compromised

their functions and are involved in illegal activities with

vessels traversing through Nigerian waters. This has been aptly

demonstrated by the rancour and misunderstanding between the

73) Art. 105 of the LOSC. 74) See para. 17 of the UNSC Resolution 2125, S/RES/2125, 18 November, 2013;para. 2 (a) of the UNSC Resolution 2018, S/RES/2018, 31 October 2011; andpara. 2 of the UNSC Resolution 1918, SC/9913, 27 April 2010.75) S. 12 of the 1999 Constitution of Nigeria states that a convention ortreaty can only be enforceable in Nigeria after being domesticated by theNational Assembly of Nigeria.

33

Nigerian Navy and the Nigerian Military Police over who guards

the vessels in Nigerian waters.76

4. Corruption

Corruption is the bane of insecurity in the maritime sector as

well as the oil industry in Nigeria. Most government officials

are so corrupt that they compromise their responsibilities,

thereby allowing the pirates to get away with their crimes. Most

of the government officials, for a piece of the loot, leak

information about vessels and their cargos, making them potential

target for piracy.77 Accordingly, it has been observed that “the

most single canker worm that has eaten deep into the fabrics of

our society is corruption. This has so deep-rooted and pervaded

the nation that it has now appeared to have become a permanent

characteristic of the Nigerian polity. It has become completely

76) Dirk Steffen, “Troubled Waters? The Use of Nigerian Navy and Police inPrivate Maritime Security Roles,” The International Relations and Security Network, 18July, 2014 <http://www.isn.ethz.ch/Digital-Library/Articles/Detail/?id=181585>accessed 6 December 2014. 77) There have been claims by oil and energy tankers that insider informationis allowing pirates to target their ships. Barry H. Dubner & Ritvik Raturi,“On the Economics of International Sea Piracy-A Case of History RepeatingItself,” (2012) Michigan State International Law Review, Vol. 20, No. 3, p.748.

34

institutionalized, … it is now a norm and no longer an

eccentric.”78

5. Absence of Regional Cooperation

The spate of piracy in Nigeria’s territorial waters has continued

unabated due to the absence of regional cooperation among Gulf of

Guinea countries. This could be linked to maritime boundary

disputes between the various countries, particularly, the Bakassi

incidence between Nigeria and Cameroon. Such disputes lead to

distrust and suspicion among the countries in the Gulf of Guinea.

Thus, information sharing, joint military training and exercises

and financial assistance are denied due to the inability of the

countries to cooperate in suppressing piracy.

V. Countermeasures for Combating Piracy in Nigeria

1. Use of State of the Art Facilities

It is the duty of government, aside from adequate motivation,

training and remuneration, to adequately equip the regulatory and

security agencies in the fight against piracy in the country.

78) H.A. Ajie & O.E. Wokekoro, “The Impact of Corruption on SustainableEconomic Growth and Development in Nigeria,” (2012) International Journal ofEconomic Development Research and Investment, Vol. 3, No. 1, p. 91.

35

Thus, Nigeria government must make sure that it complies with the

SOLAS 1974 and ISPS Code by insisting that vessels calling at its

ports have the Automatic Identification System (AIS), Long-Range

Identification and Tracking System (LRITS), Vessel Monitoring

Systems (VMS), Vessel Detection System (VDS), Vessel Traffic

Services (VTS).79

2. Domestication of International Instruments on Maritime

Security

The fight against piracy will be rendered redundant if there are

no international instruments on maritime security to implement.

Thus, it behooves on the Nigerian government, through the

National Assembly, to domesticate relevant international

instruments on maritime security. It is therefore important to

criminalise piracy which will give the needed impetus for capture

and prosecution of pirates in Nigeria. In other words, the LOSC,

Convention for the Suppression of Unlawful Act against the Safety

79) Herbert Anyiam, “The Legalities of Gulf of Guinea Maritime Crime withSuggested Solutions,” Maritime Security Review, 21 July, 2014<http://www.marsecreview.com/2014/07/gulf-of-guinea-crime-piracy/> accessed 6 December 2014.

36

of Maritime Navigation (SUA Convention) 2002 and the MLC 2006

should be domesticated forthwith.

3. Stronger Regional Cooperation

There is no gain saying the fact that regional cooperation is

vital in suppressing piracy. The existing regional, as well as

global cooperation should be fostered through information sharing

which is central in the suppression of piracy.80 Beyond

information sharing, regional cooperation in the area of exchange

of personnel, equipment, training, funding and increased maritime

domain awareness should be encouraged. The importance of regional

cooperation in taming the tide of piracy is aptly exemplified by

the progress achieved in Asia under the ReCAAP regime.81

4. Use of Support Legislations

It is essential that piracy is criminalised in Nigeria so that

arrested pirates are tried in the country. More so, the use of80) For details of information sharing in the fight against piracy, seegenerally Yaron Gottlieb, “Combating maritime Piracy: Inter-DisciplinaryCooperation and Information Sharing,” <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2325279> accessed 11September 2014. See also “Regional MaritimeAwareness Information Sharing: An Imperative in the Gulf of Guinea Region,”paper presented for the Chief of the Naval Staff Ghana, by Commodore StephenKwaku Dabo, The Guardian, 31 July, 2013, pp. 19/59. 81) See generally, Miha Hribernik, “Countering Maritime Piracy and Robbery inSoutheast Asia: The Role of the ReCAAP Agreement,” (2013) European Institutefor Asian Studies, Briefing Paper and ReCAAP/ISC, “Piracy and Armed Robberyagainst Ships in Asia,” Annual Report, January-December 2013.

37

support legislations could assist in firmly prosecuting pirates

as well as their sponsors. It is common knowledge that piracy

involves money laundering and other financial crimes, terrorism

and organised crime. As a consequence, related legislations

should be deployed in prosecuting pirates and their cohorts. In

this regard, the Economic and Financial Crime Commission

(Establishment) Act, 2004, the Terrorism (Prevention) (Amendment)

Act, 2013, and Money Laundering (Prohibition) (Amendment) Act,

2012, can be used to effectively suppress piracy in Nigeria. It

has been observed that using these support legislations helps in

the “investigation and prosecution of the relatively small number

of individuals who provide the leadership and financial

management of piracy…” and this serves “…both a strategically

effective and cost-effective means of supplementing…” 82 the

fight against piracy.

5. Regulations by the Minister

82) “Report of the Secretary-General on the Modalities for the Establishmentof Specialized Somali Anti-Piracy Courts,” United Nations Security Council,U.N. Doc. S/2011/360, 15 June 2011, p. 35.

38

Under the Sea Fisheries Act,83 the Minister84 can make regulations

to further the interest of sea fishing in Nigeria. Against this

backdrop, regulations that will secure the activities of

fishermen and protect them from pirate attacks should be made by

the Minister. This may include deploying security and regulatory

agencies to effectively monitor and police Nigeria’s territorial

waters with a view to nip in the bud acts of piracy against

fishing trawlers.

6. Political Will by Government

The importance of exercising the political will to suppress

piracy cannot be overemphasised. This can be done in many ways,

like prosecuting corrupt government officials in the maritime

sector and the oil and gas industry, motivating the regulatory

and security agencies by providing adequate funds for their

training, procurement of equipment, enhanced remuneration, and

other fringe benefits. Further, it is the government that will

criminalise piracy, participate in regional activities geared

83) See s. 14 (1) (a) of the Sea Fisheries Act, Cap. S.4, Laws of theFederation of Nigeria, 2004. 84) Note that the fishing subsector is under the Ministry of Agriculture inNigeria.

39

toward suppressing piracy in the Gulf of Guinea region and more

importantly, make the development of the oil producing

communities a priority, which will reduce poverty and

unemployment. Therefore, it is important that Nigerian government

should have the political will to decisively tackle piracy in its

territorial waters.

VI. Conclusion

The fishing industry plays a vital role in the economic

development of Nigeria. The economic importance of fishing will

be jeorpadised if the spate of piracy attacks in the waters of

Nigeria is not curbed. Such challenges also trickle down to other

allied industries like boat building, net making, among others.

Government should be able to overcome corruption, lack of funds

and other challenges in its fight against piracy by exhibiting

the political will to tackle the crime decisively. It is the

position of this paper that a multi-dimensional approach is,

indeed, needed to suppress piracy in Nigeria. In view of that,

criminalising piracy becomes the first step towards curbing

40

piracy in the country. This can be done by domesticating relevant

international instruments on maritime security and other related

conventions by the National Assembly of Nigeria. Regional

cooperation is another way of curbing piracy which Nigeria can

utilise to suppress the crime on its waters. The lingering

problem of poverty, unemployment and environmental degradation of

the oil producing area should be adequately taken care of and

corrupt government officials and individuals must be prosecuted

by government. Finally, it will take the political will of

government to implement all these recommendations and

comprehensively put a stop to the menace of piracy, which

ultimately will go a long way in improving activities in the

fishing industry in Nigeria.

References

Charles Ukeje & Wullson M. Ela, African Approaches to Maritime Security-The Gulf of Guinea (Fredrich-Ebert-Stifung: Abuja 2013) pp. 21-22.

United Nations Development Programme (UNDP), Sustaining HumanProgress: Reducing Vulnerabilities and Building Resilience- Human Development Report2014 (New York: UNDP, 2014) p. 162.

United Nations Environment Programme (UNEP), Environmental Assessmentof Ogoniland (Nairobi: UNEP, 2011).

41

United Nations Conference on Trade and Development, Maritime Piracy,An Overview of Trends, Costs and Trade-Related Implications (Part I, UnitedNations, New York and Geneva, 2014) p. 32.

IUCN Niger-Delta Panel, Sustainable Remediation and Rehabilitation ofBiodiversity and Habitats of Oil Spill Sites in the Niger delta: Main Report includingRecommendations for the Future A Report by the Independent IUCN-Niger-Delta Panel (IUCN-NDP) to Shell Petroleum Development Company ofNigeria (SPDC), (Switzerland: Gland, 2013) p. 11.

Daniel Brombacher & Gunther Maihold, “Maritime Security in LatinAmerica” in Stefan Mair (ed.) Piracy and Maritime Security: RegionalCharacteristics and Political, Military, Legal and Economic Implications (Berlin:Stiftung Wissenchaft & Politik 2011) pp. 53-54.

Kalu K. Anele & Yun-Cheol Lee, “A Study on Strengthening Controlof Maritime Piracy in Nigeria’s Territorial waters,” (2014)Maritime law Review, Vol. 26, No. 2, p. 25.

Barry H. Dubner & Ritvik Raturi, “On the Economics ofInternational Sea Piracy-A Case of History Repeating Itself,”(2012) Michigan State International Law Review, Vol. 20, No. 3,p. 748.

Salisu O. Usman, “The Opacity and Conduit of Corruption in theNigeria oil Sector: Beyond the Rhetoric of the Anti-CorruptionCrusade,” (2010) Journal of Sustainable Development in Africa,Vol. 13, No. 2, p. 295.

H.A. Ajie & O.E. Wokekoro, “The Impact of Corruption onSustainable Economic Growth and Development in Nigeria,” (2012)International Journal of Economic Development Research andInvestment, Vol. 3, No. 1, p. 91.

Jennifer C. Bulkeley, “Regional Cooperation on Maritime Piracy: APrelude to Greater Multilateralism in Asia?,” (2003) Journal ofPublic and International Affairs, Vol. 14, p. 3.

42

O,A. Adedeji & R.C. Okocha, ‘Constraints to AquacultureDevelopment in Nigeria and Way Forward,” (2011) Journal ofApplied Sciences Research, Vol. 7, No. 7, p. 1134.

Donna Nincic, “Maritime Piracy in Africa: The HumanitarianDimension,” (2009) African Security Review, Vol. 18, No. 3, p. 7.

Freedom C. Onuoha, “Piracy and Maritime Security in the Gulf ofGuinea: Nigeria as a Microcosm” Al Jazeera Centre for Studies,2012, p. 3.

Miha Hribernik, “Countering Maritime Piracy and Robbery inSoutheast Asia: The Role of the ReCAAP Agreement,” (2013)European Institute for Asian Studies, Briefing Paper.

J.W. Reuchlin, “The Economic Impacts of Piracy on the CommercialShipping Industry,” DMPP Research Paper, 2012, pp. 23-24.

“The Economic Cost of Maritime Piracy,” One Earth Future WorkingPaper, December, 2010, p. 22. Kennedy K. Mbekeani & Mthuli Ncube, “Economic Impact of MaritimePiracy,” AFDB, Africa Economic Briel, Vol. 2, Iss. 10, 14 July,2011, p. 2.

Beckman Robert & Palakrihman Sanjay, “Regional Cooperation tocombat Piracy and international Maritime Crimes: The Importanceof Ratification and Implementation of global Conventions,”Conference on the Practices of the UNCLOS and the Resolution ofSouth China Sea Disputes, National Taiwan Normal University, 3-5September, 2012, p. 5.

Alexander Ekemenah, “Unemployment in Nigeria: Task beforeJonathan’s Administration,” BusinessWorld, 2-9 September, 2013, pp.32-33.

Gregory A Nwakunor, “Eastern Port Operation as Wasting Assets,”The Guardian, 14 July, 2013, p. 26.

43

“Regional Maritime Awareness Information Sharing: An Imperativein the Gulf of Guinea Region,” paper presented for the Chief ofthe Naval Staff Ghana, by Commodore Stephen Kwaku Dabo, TheGuardian, 31 July, 2013, pp. 19/59.

Patrick Winn, “The World has a New Piracy Hotspot,” Global Post, 27March, 2014.

“Maritime Security in the Gulf of Guinea,” Report of theconference held at Chatham House, London, 6 December, 2012,March, 2013, p. 3.

Republic v Abdirahaman Isse Mohamud & Ors Misc. Criminal Application No.72 of 2011, p. 2.

The 1999 Constitution of the Federal Republic of Nigeria.

Fisheries Act, Cap. S.4, Laws of the Federation of Nigeria, 2004.

Economic and Financial Crime Commission (Establishment) Act,2004.

Terrorism (Prevention) (Amendment) Act, 2013.

Money Laundering (Prohibition) (Amendment) Act, 2012.

House of Representatives Report of the Ad-Hoc Committee “ToVerify and Determine the Actual Subsidy Requirements and Monitorthe Implementation of the Subsidy Regime in Nigeria” ResolutionNo. (HR.1/2012), 18 April, 2012.

Nigeria Extractive Industries Transparency Initiative (NEITI),“NEITI’s 2012 EITI Report in Compliance with Requirement 21 (c)of the EITI Rules, 2011 Edition”.

“Report of the Petroleum Revenue Special Task Force” FederalMinistry of Petroleum Resources, Abuja, August, 2012.

44

The UN Charter, 1945

The Law of the Sea Convention, 1982.

The UNSC Resolution 2125, S/RES/2125, 18 November, 2013.

The UNSC Resolution 2018, S/RES/2018, 31 October 2011.

The UNSC Resolution 1918, SC/9913, 27 April 2010.

The UNSC Resolution 1851, S/RES/1851, 16 December, 2008.

The UNSC Resolution 1897, S/RES/1897, 30 November, 2009.

“Report of the Secretary-General on the Modalities for theEstablishment of Specialized Somali Anti-Piracy Courts,” UnitedNations Security Council, U.N. Doc. S/2011/360, 15 June 2011, p.35.

Council of the European Union, “EU Strategy on the Gulf ofGuinea,” Foreign Affairs Council Meeting, Brussels, 17 March,2014, p. 2.

The Code of Practice for the Investigation of the Crimes ofPiracy and Armed Robbery against Ships, IMO Assembly ResolutionA. 1025 (26), adopted 18 December 2009.

The Code of Conduct Concerning the Repression of Piracy, ArmedRobbery against Ships, and Illicit Maritime Activity in West andCentral Africa, 25 June, 2013.

The Regional Cooperation Agreement on Combating Piracy and ArmedRobbery against Ships in Asia (ReCAAP), 11 November, 2004, 2398U.N.T.S., which adopt the IMO definition.

ICC IMB, “Piracy and Armed Robbery against Ships, Annual Report,1 January-31 December, 2009,” January, 2010, p. 3.

45

ICC International Maritime Bureau, “Piracy and Armed Robberyagainst Ships: Report for the Period 1 January-31 December,2014,” January, 2015.

ReCAAP/ISC, “Piracy and Armed Robbery against Ships in Asia,”Annual Report, January-December 2013.

“Piracy and Acts of Armed Robbery of Ships April 2014,” SuritecMonthly Piracy Report

Dirk Steffen, “Troubled Waters? The Use of Nigerian Navy andPolice in Private Maritime Security Roles,” The International Relationsand Security Network, 18 July, 2014 <http://www.isn.ethz.ch/Digital-Library/Articles/Detail/?id=181585> accessed 6 December 2014.

Herbert Anyiam, “The Legalities of Gulf of Guinea Maritime Crimewith Suggested Solutions,” Maritime Security Review, 21 July, 2014<http://www.marsecreview.com/2014/07/gulf-of-guinea-crime-piracy/> accessed 6 December 2014.

Yaron Gottlieb, “Combating maritime Piracy: Inter-DisciplinaryCooperation and Information Sharing,”<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2325279>accessed 11September 2014.

“Nigeria-The CIA Factbook,” <https://search.yahoo.com/search?p=map+of+nigeria&fr=dss_yset_chr> accessed 10 February 2015.

O. U. Jerome, “How has the Nigerian Maritime Industry Performedin the Last 50 Years?” Ships and Ports Weekly, January, 2011, p. 4<https://www.academia.edu/1037968/How_has_the_Nigerian_Maritime_Industry_performed_in_the_Last_50_years> accessed 6 December 2014.

Daya Dharmapriya, “Countering Maritime Piracy: A South AsianPerspective” Regional Counter-Piracy Workshop, Colombo, SriLanka, 27-28 September, 2012<http://oceansbeyondpiracy.org/sites/default/files/dharmapriyas_paper_formatted.pdf> accessed 11 February 2015.

46

Nenibarni Zabbey, “The Challenges of Sustainable Shrimp Fisheriesin Nigeria,” keynote address presented at a 2-day nationalworkshop on Catch data transparency and bycatch reduction,organized by the Centre for Environment, Human Rights andDevelopment (CEHRD), with support from the World ConservationUnion (IUCN), Amsterdam, The Netherlands, holding at theconference room of Sissi Hotel, 46 Oromenike Street, D/Line, PortHarcourt, Rivers State, Nigeria, p. 3<www.cehrd.org/files/SUSTAINABLE_SHRIMP_ FISH ERIES_IN ...> accessed7 February 2015.

Chris E. Mbah, “Politics and Illusion of Peace: The Dynamics andChallenges of Security in Africa in 21st Century-A Classical Caseof Nigeria” 2011<http://www.culturaldiplomacy.org/academy/content/pdf/participant-papers/2012-01-eaac/Politics_and_the_Illusion_of_Peace_-_Chris_Ekene_Mbah.pdf> accessed 11 February 2015.

Peter Osalor, “Fishing and Nigeria’s 2020 Goals forEntrepreneurial Revolution,” Vanguard, 3 January, 2011<http://www.vanguardngr.com/2011/01/fishing-and-nigeria%E2%80%99s-2020-goals-for-entrepreneurial-revolution/> accessed 7February 2015.

“Re-Positioning the Fisheries Sector,” a speech delivered by theHonourable Minister of Agriculture and Rural Development, DrAkinwumi Adeshina on the 25th of February,2014<http://www.fmard.gov.ng/news_inside/96> accessed 6 December2014.

Rashid Sumaila, “Piracy and its Challenges to the FisheriesSector,” being a paper presented during a workshop organised bythe European Bureau for Conservation and Development (EBCD), heldat Constance Ephelia Resort mahe, Republic of Seychelles, 28-29

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February, 2012 <http://www.ebcd.org/pdf/en/162-REPORT_FINAL_The_Impacts_of_Piracy_on_Fisheries_in_the_Indian_Ocean.pdf> accessed 6 December 2014.

“Pirates Paralyze Nigeria’s Fishing Industry,” Maritime TerrorismResearch Center, 14 February, 2008<http://www.maritimeterrorism.com/2008/02/14/pirates-paralyze-nigerias-fishing-industry/> accessed 7 February 2015.

Freedom C. Onuoha & Habiba I. Hassan, “National SecurityImplications of Sea Piracy in Nigeria’s Territorial Waters,”(2009) The Nigerian Army Quarterly, p. 10<https://www.academia.edu/894152/National_Security_Implications_of_Sea_Piracy_in_Nigerias_Territorial_Waters > accessed 30 July2014.

Anamika A. Twyman-Ghoshal, “Contemporary Piracy Research inCriminology: A Review Essay with Directions for Future Research,”(2014) International Journal of Comparative and Applied CriminalJustice, Vol. 38, No. 3, p.284<http://www.tandfonline.com/doi/pdf/10.1080/01924036.2013.821079 > accessed 25 October 2014.

“Nigeria’s 2014 Budget: Tax and Economic Analysis,” January, 2014<http://pwcnigeria.typepad.com/files/nigerias-2014-budget---tax-and-economic-analyses.pdf?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original> accessed 30 December 2014.

Olubayo Oluduro, “Oil Exploitation and Human Rights Violations inNigeria’s oil Producing Communities,” (2012) Africa Focus, Vol.25, No. 2, p. 160<http://www.brookings.edu/~/media/research/files/reports/2012/1/priorities%20foresight%20africa/01_snapshot_nigeria_adeoti>accessed 11 September 2014.

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Piracy Map 2013 <http://www.permanan.org/piracy-map-2013/ >accessed 31 January 2015.

Godfrey Bivbere, “Fish poaching, Piracy Draining Nigeria’sForeign Exchange-Ex-NITOA Boss,” Vanguard, 9 February, 2015<http://www.vanguardngr.com/2015/02/fish-poaching-piracy-draining-nigerias-foreign-exchange-ex-nitoa-boss/> accessed 10February 2015.

Bryan Abell, “Nigeria Versus Somali Piracy: Eight Differences YouNeed to Know,” gCaptain, 18 November, 2013,<http://gcaptain.com/nigerian-versus-somali-piracy-eight-differences-you-need-to-know/> accessed 9 February 2015.

U.S. Energy Information Administration (EIA) “Nigeria” FullReport, last updated 30 December, 2013<http://www.eia.gov/countries/analysisbriefs/Nigeria/nigeria.pdf>accessed 11 February 2015.

“How Pirates Operate on Nigeria Waters-Fishing Trawlers Owners”Shipping Position, 7 March, 2013<http://shippingposition.com.ng/article/how-pirates-operate-nigerian-waters-fishing-trawler-owners> accessed 12 February2015.

“NITOA Cautions FG on Fish Import Ban,” Ships & Ports<http://shipsandports.com.ng/nitoa-cautions-fg-on-fish-import-ban/> accessed 12 February 2015.

Francis Ezem, “Trawler Owners Lose N119bn to Piracy in EightYears,” National Mirror, 24 December, 2012<http://nationalmirroronline.net/new/trawler-owners-lose-n119bn-to-piracy-in-eight-years/> accessed 12 February 2015.

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