SPSL UDEME

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Public prosecutor of the CRIET requested prison sentences

In Benin, the public prosecutor of the CRIET requested prison sentences against the crew of the SPSL 'Udeme' as well as police officers and a smuggler. At the hearing on March 6, the public prosecutor made his submissions in the legal procedure, which was initiated after the ship ran aground on the beach of Fidjrossè, 18 people are being prosecuted before the special jurisdiction. Among them, three military sailors, a police officer and the 14 crew members of the ship. The civil servants are accused of "abuse of office". The crew members are being prosecuted for "navigating without a permit and violating the rules". The smuggler is accused of "trafficking in petroleum products". In its submissions, the public prosecutor requested prison sentences ranging from three to five years against eight defendants and acquittal on the benefit of the doubt for ten people. The second deputy special prosecutor, after recalling the facts that motivated the prosecution, requested five years in prison, including two years in prison and one million CFA francs against the head of the information and communication department of the maritime prefecture and the commander of the river police, at the time of the incident. The public prosecutor accuses them of "abuse of office". According to the magistrate's explanations, the two civil servants have contacts with the ship's representative, an informant of theirs. But he allegedly did nothing to secure the ship. The public prosecutor blamed the commander of the Cotonou river base for having summoned some members of the crew after their first arrest. Concerning the informer, smuggler and representative of the ship to the officers, the public prosecutor wants the Court to sentence him to five years in prison and two million CFA francs. The second deputy special prosecutor charges him with "smuggling, complicity in abuse of office and illegal introduction of petroleum products". According to the magistrate, he is the beneficiary of the petroleum product that was being transhipped when the ship had a technical breakdown. Among the 14 crew members, five of them, including the captain of the ship, could spend their next three years in prison and may have to pay two million CFA francs, which were the sentences that the public prosecutor requested for them. They were charged, according to the magistrate, with "navigation without a permit, trafficking in petroleum products, and introduction into Benin's territorial waters". The prosecutor denounced, that they chose to turn off their transponder to avoid being detected. The representative of the public prosecutor requested the confiscation of the ship and all the products it was carrying. He also asked the Court to uphold the civil party represented by the State Judicial Agent (AJE) and to order the defendants to pay the sum of 300 million FCFA claimed by the Beninese State. The public prosecutor, during his requisitions, proposed acquittals. The commander of the Cotonou naval base at the time of the events could be among them. The deputy prosecutor suggested that he be acquitted for the benefit of the doubt. According to the magistrate, the officer did not position himself on any operation when the smuggler contacted him. The smuggler, the magistrate maintains, stated this in his statements before the Court. Like the commander of the naval base, nine other defendants including members of the crew can hope to regain their freedom soon. According to the public prosecutor, these are people who could not prevent what happened. Following the public prosecutor's requisitions, the lawyers pleaded for their clients. Mr. Moustatpha and Mr. Agbanlin requested the acquittal of the members of the ship's crew. According to the counsel, the offenses charged against their clients could not be established because the ship was not in transit in Benin. Had it not been for the breakdown, the lawyers maintained, no one would be talking about the ship. They demanded the pure and simple acquittal of their clients.

Case of grounding examined by court

The Court for the Repression of Economic Offenses and Terrorism (CRIET) examined the case of the 'SPSL Udeme', stranded in Fidjrossè, on Feb 27, 2025. During this hearing, the State Judicial Officer (AJE), representing the Beninese State, made his requests for compensation for the damage suffered. The Beninese State is claiming 300 million FCFA in damages. This sum epresents the compensation for the financial losses, the violation of territorial sovereignty and the effects on national security caused by the incident. In addition to this compensation, the AJE asked the Court to order the confiscation of the petroleum products transported by the ship and the three boats seized during the operation. In Aug 2024, the CRIET had ordered the dismantling of the stranded ship and granted provisional release on bail of one million FCFA to seven crew members. A total of 18 people were prosecuted in this case, including 14 crew members for navigation without a title and violations of maritime regulations, threre agents of the defense and security forces (FDS) for abuse of office, one smuggler for trafficking in petroleum products. On June 30, 2024, the ship had run aground on Fidjrossè beach, revealing an alleged petroleum product trafficking operation. The Court is expected to render its decision in the coming weeks.

14 arrested people remain in custody

In Benin, the CRIET rendered its decision on Nov 7, 2024, on the request for provisional release of the defendants in the case of 'SPSL Udeme', stranded in Fidjrossè. The 14 people arrested, and police and navy officers allegedly involved in the case will remain in prison pending the outcome of their trial. The Special Court rendered its decision on the request for provisional release of the defendants. In its decision, the court rejected the lawyers' request for provisional release. After its decision, the Court adjourned the proceedings to Nov 28, to continue the proceedings. Following this decision of the court, the 18 defendants, including the 14 members of the ship's crew and twio agents of the national navy, a police commissioner and a smuggler, returned to prison pending the next hearing. The state officials (two sailors and a police officer) are being prosecuted for "abuse of office". As for the 14 members of the crew, they are accused of "navigating without title" in the waters of Benin. The smuggler, presumed owner of the cargo, is being prosecuted for "trafficking in petroleum products". They all pleaded not guilty to these charges. During the previous hearing, the CRIET ordered, at the request of the public prosecutor, the dismantling of vessel at the owner's expense.