From the Sea to the Courtroom: Developing an Effective Legal Framework for the Investigation and Prosecution of Piracy and Maritime Offences in Nigeria

Piracy and other maritime offences constitute a significant threat to maritime security, freedom of navigation, maritime commerce and the sustainable development of Nigeria’s blue economy. Although Nigeria has strengthened its maritime-security architecture through enhanced naval operations, maritime domain awareness, inter-agency cooperation and the enactment of the Suppression of Piracy and Other Maritime Offences Act 2019 (SPOMO Act), the effectiveness of maritime law enforcement ultimately depends upon the ability of the State to translate maritime interdiction into successful criminal prosecution.

The enactment of SPOMO represented a significant development in Nigeria’s legal response to piracy. It established specific offences and penalties, provided jurisdictional rules and created a statutory basis for investigation, prosecution and punishment of piracy and other maritime offences.¹ The Act must, however, operate alongside the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Administration of Criminal Justice Act 2015, the Evidence Act 2011 as amended, the United Nations Convention on the Law of the Sea 1982 (UNCLOS), and the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation 1988 (SUA Convention).²

Despite this framework, maritime prosecutions present distinctive difficulties. These include preservation of evidence at sea, identification of suspects, and chain of custody, electronic evidence, jurisdictional questions, availability of witnesses, inter-agency coordination and prosecutorial capacity. This article argues that these challenges require an integrated approach in which legal and evidentiary considerations are incorporated into maritime operations from the earliest stage.

The article proposes a comprehensive “sea-to-courtroom” strategy based on the concept of an effective legal finish. It argues that maritime-security operations should not be assessed solely by the number of vessels intercepted or suspects arrested, but also by whether the resulting evidence is sufficient to sustain prosecution, conviction and appropriate punishment.

Keywords: Piracy, Maritime Offences, SPOMO Act, Nigerian Navy, Maritime Security, Prosecution, Evidence, Gulf of Guinea, UNCLOS.