NIGERIA Law and Practice Contributed by: Adedoyin Afun and Michael Abiiba, Bloomfield LP
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts The main domestic laws establishing the authority of the admiralty courts in Nigeria are the Constitution of the Federal Republic of Nigeria 1999 (as amended) (the “Constitution”), the Admiralty Jurisdiction Act (AJA) and the Federal High Court (FHC) Act, which vests the FHC with exclusive jurisdiction over first- instance maritime and shipping matters in Nigeria. All appeals from the FHC (including shipping disputes) go to the Court of Appeal of Nigeria, and, thereafter, to the Supreme Court of Nigeria. The common maritime claims in Nigeria are proprietary and general maritime claims as defined by the AJA. Proprietary maritime claims relate to the title, ownership, possession, or mortgage of a ship, a share in a ship or its freight, and the enforcement of a judicial decision made against a ship. General maritime claims include claims for: • damage done or received by a ship; • crew wages; • goods, materials, or services supplied or to be supplied to a ship for its operation or maintenance; • loss of or damage to goods carried by a ship; and • claims for the enforcement of, or claims arising out of, arbitral awards. 1.2 Port State Control The Memorandum of Understanding on Port State Control for West and Central African Region applies to Nigeria, and the Nigerian Maritime Administration and Safety Agency (NIMASA) is Nigeria’s port state control agency. The NIMASA’s general port state control powers and authorities, pursuant to the NIMASA Act, the Merchant Shipping Act 2007 (MSA) (which domesticates sev - eral maritime conventions, such as the United Nations Convention on the Law of the Sea (UNCLOS)) and other relevant legislation, include powers to: • board, inspect and search any vessel and to detain any vessel within the Nigerian maritime zone;
• expel any vessel which may endanger the safety of the Nigerian maritime zone; and • enter ports, terminals and vessels to investigate matters related to maritime labour, ship safety and security. In relation to marine casualties, the NIMASA is author - ised and empowered to: • provide search-and-rescue services; • receive and remove wrecks; • make enquiries as to shipwrecks, other casualties affecting ships, or as to charges of incompetence or misconduct on the part of seafarers in relation to those casualties; and • issue regulations governing the carriage of harmful substances by sea. 1.3 Domestic Legislation Applicable to Ship Registration The registration of vessels under the Nigerian flag is primarily governed by the MSA. Other relevant legis - lation includes the NIMASA Act and the Coastal and Inland Shipping (Cabotage) Act 2003 (the “Cabotage Act”). The Nigerian Ship Registration Office (NSRO) (domi - ciled within NIMASA and under the control of the Reg - istrar of Ships) is responsible for the domestic regis - tration of vessels in Nigeria. 1.4 Requirements for Ownership of Vessels Under Section 18 (1) of the MSA, the registration of vessels under the Nigerian flag is limited to vessels wholly owned by (i) Nigerian citizens, (ii) bodies cor - porate and partnerships established under and sub - ject to Nigerian law and having their principal place of business in Nigeria, and (iii) such other persons as the Minister of Transportation (the “Minister”) may, by regulation, prescribe. Notwithstanding, Section 19 (6)–(9) of the MSA per - mits a foreign-owned vessel, which is bareboat-char - tered for more than one year to a Nigerian citizen or a Nigerian body corporate or partnership, to be reg - istered under the Nigerian flag as a Nigerian ship for the duration of the bareboat charter. This is, however, subject to the suspension of the foreign flag of the
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