Drama Over Argentine Naval Ship

Docked! ARA Libertad at the Tema Port

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Accra, Thursday November 8, 2912

Drama unfolded at the Tema Port yesterday following the decision by the Ghana Ports and Harbours Authority (GPHA) to move the seized Argentine ship to another location because it was blocking commercial business at the port.

The GPHA had sought an order from a High Court in Accra to enable them to move the Argentine navy frigate ARA Libertad, impounded one month ago at the behest of a United States hedge fund NML Capital Ltd, because it was causing “crippling disruptions” at the port.

According to the ports authorities, the Libertad, which docked in Tema on October 1 and had been due to leave three days later, is occupying berth 11, one of the Tema Port’s busiest slots, vital for the cement and steel industries.

In the affidavit in support of the motion, the GPHA said “that berth is usually occupied back-to-back so ships carrying clinker and cement have had to be diverted to another slot, pushing out other vessels which have ended up in queues”, and added that “Presently there are about 16 to 18 vessels now lying at the anchorage waiting for space at the port.”

The court presided over by Justice Richard Agyei Frimpong granted the order for the GPHA to have ARA Libertad moved to a different berth but when the port authorities attempted to effect the order, the Argentines are said to have insisted that they needed an order from Buenos Aires, before they would be allowed to the ship to relocate.

As a result, is said to have cut off supply of utility to the distressed Argentine flagship navy training vessel, and the Argentines are said to be relying on their generators on board.

“Currently, they have no access to water and electricity and I don’t know how they are going to survive in the coming days.”

According to the source, about 10 Argentine Naval Officers were seen standing on the deck with sophisticated weapons when the GPHA officials attempted to get the ship relocated and Daily Guide understands that their Ghanaian lawyers were denied access to the ship yesterday.

On October 24, nearly 300 crew members of ARA Libertad, a 100 metre-long tall sailing ship with a crew of more than 330, flew out of the country leaving a skeletal crew, when it became apparent that the ship was not going to be released anytime soon.

The creditors are seeking to recuperate $300 millions lost on defaulted bonds and have so far been successful in using the Ghanaian legal system to get the ship seized.

Argentina's Foreign Minister Hector Timerman launched a diplomatic offensive in New York, urging top United Nations officials to pressure Ghana to release the ship.

Argentina vowed to fight what it argues is a violation of diplomatic immunity through Ghanaian and international courts and has refused to post a $20m bond that would release the vessel. It has criticised what it sees as an “act of piracy” by a “vulture fund” which preyed on distressed assets but wants to be repaid in full.

Cristina Fernandez, Argentina’s president, used a speech broadcast on all television and radio stations to reaffirm Argentina’s determination not to yield to vulture funds.

“As long as I am president, they can keep the frigate but not the liberty, sovereignty and dignity of this country,” she said.

“No vulture fund, no one gets to keep that.”