Shipping 2026

NIGERIA Law and Practice Contributed by: Adedoyin Afun and Michael Abiiba, Bloomfield LP

Vessel sale-and-leaseback transactions exist in Nige - ria but are not common.

Nigeria is a signatory to the Nairobi International Con - vention on the Removal of Wrecks, 2007 (the “Nairobi Convention”). However, the Nairobi Convention does not have the force of law in Nigeria, as the National Assembly has yet to enact legislation to domesticate it, in accordance with the Constitution. 3.2 International Conventions: Collision and Salvage The MSA has domesticated the following international conventions, which will impact the liability of own - ers and interested parties in the event of collision and salvage: • International Convention for the Safety of Life at Sea (SOLAS); • 1988 Protocol relating to SOLAS and Annexes I to V thereto; • Search and Rescue Convention, 1979; and • International Convention on Salvage, 1989. The MSA, in Sections 337 to 342, provides for liability in collision cases. In particular, Section 344 provides that the damages recoverable by the claimant in a collision case shall be the restoration of the claim - ant back to the same position as it would have been had the collision not occurred. In relation to salvage, Sections 386 to 404 of the MSA provide for the remu - neration of a salvor and protection of a salvor’s claim. Other Nigerian laws on collision and salvage include: • the Merchant Shipping (Collision) Rules, 2010, modelled after the Convention on International Regulations for Preventing Collisions at Sea, 1972 (COLREGs); • the Merchant Shipping (Wrecks and Salvage) Rules, 2010; • the AJA; • the Admiralty Jurisdiction Procedure Rules, 2023 (AJPR); • the Cabotage Act; and • the NIMASA Act. 3.3 Convention on Limitation of Liability for Maritime Claims The LLMC (and its 1996 Protocol) is applicable in Nigeria. Pursuant to Section 335 (1)(f) of the MSA,

3. Marine Casualties and Owners’ Liability 3.1 International Conventions: Pollution and Wreck Removal Pollution Pursuant to Section 12 of the Constitution, every Con - vention is required to be domesticated by the National Assembly before it can have force of law in Nigeria. Section 335 (1)(i) of the MSA domesticated some international conventions that govern the liability of owners and interested parties for pollution by vessels, including: • the International Convention for the Prevention of Pollution from Ships, 1973/1978 and the annexes thereto; • the International Convention on Civil Liability for Oil Pollution Damage 1992; and • the Convention on Limitation of Liability for Mari - time Claims, 1976 (LLMC) and the 1996 Protocol thereto. Other Nigerian laws relating to pollution include: • the Environmental Impact Assessment Act, Cap E12, Laws of the Federation of Nigeria (LFN), 2004; • the National Environmental Standards and Regula - tions Enforcement Agency Act, 2007; • the NIMASA Act; • the Anti-Fouling Systems Regulations 2012; and • the Prevention of Oil Pollution Regulations 2012. Wreck Removal The MSA is the primary domestic legislation governing the liability of owners and interested parties for wreck removal in Nigeria. Section 364 of the MSA provides that where any wreck is determined to constitute a hazard, the Receiver of Wreck shall ensure that all reasonable steps are taken to mark the wreck. Sec - tion 365 of the MSA then places the responsibility for the removal of any ship that becomes a wreck on her owners.

415 CHAMBERS.COM