ITLOS Issued Provisional Measures Order Regarding Motor Tanker Flying Swiss Flag Seized by Nigeria (July 6, 2019) [1]
On July 6, 2019, the International Tribunal for the Law of the Sea (ITLOS) issued a provisional measures order [3] in the M/T “San Padre Pio” Case (Switzerland v. Nigeria) [4]. In a press release [5] issued by ITLOS, the Tribunal summarized the facts of the case by stating that on January 23, 2018, the Nigerian Navy seized the MT “San Padre Pio,” a motor tanker flying the Swiss flag while it was “engaged in one of several ship-to-ship transfers of gasoil” (para. 30) in Nigeria’s exclusive economic zone. The ship was moved to Port Harcourt in Nigeria and the sixteen crew members were charged with “conspiring to distribute and deal with petroleum product without lawful authority or appropriate license, and with having done so with respect to the petroleum product onboard” (para. 33). In its application, Switzerland requested that the Court prescribe provisional measures finding that Nigeria should “immediately take all measures necessary to ensure that all restrictions on the liberty, security and movement of the “San Padre Pio,” along with her crew and cargo, and allow them to leave Nigeria and that all Nigerian court and administrative proceedings regarding the matter should be suspended. By a vote of seventeen to four, the Tribunal prescribed the following provisional measures pursuant to Article 290, paragraph 5 of the UN Convention on the Law of the Sea [6]: “(a) Switzerland shall post a bond or other financial security, in the amount of US$ 14,000,000, with Nigeria in the form of a bank guarantee, as indicated in paragraphs 139 and 140; (b) Switzerland shall undertake to ensure that the Master and the three officers are available and present at the criminal proceedings in Nigeria, if the Annex VII arbitral tribunal finds that the arrest and detention of the M/T “San Padre Pio,” its cargo and its crew and the exercise of jurisdiction by Nigeria in relation to the event which occurred on 22–23 January 2018 do not constitute a violation of the Convention. Switzerland and Nigeria shall cooperate in good faith in the implementation of such undertaking; [and] (c) upon the posting of the bond or other financial security referred to in (a) above and the issuance of the undertaking referred to in (b) above, Nigeria shall immediately release the M/T “San Padre Pio,” its cargo and the Master and the three officers and shall ensure that the M/T “San Padre Pio,” its cargo and the Master and the three officers are allowed to leave the territory and maritime areas under the jurisdiction of Nigeria.”