NIGERIA Law and Practice Contributed by: Adedoyin Afun and Michael Abiiba, Bloomfield LP
It is not required to provide a deposit in relation to a constituted limitation fund. 3.6 Seafarers’ Safety and Owners’ Liability Nigeria has ratified the Maritime Labour Convention 2006 (MLC) but is yet to domesticate it as required by the Constitution. Notwithstanding, the NIMASA, by requesting evidence of compliance with the MLC financial security provisions before issuing certain operational permits to vessels, has invariably started to implement the provisions of the MLC. Other international conventions on seafarers’ rights have been implemented, pursuant to Section 215 of the MSA. These include: • rights with regard to their employment contracts, including wages, leave benefits and discharge from service; and • rights regarding general welfare, health, and accommodation. The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 has the force of law in Nigeria via the rule-making authority of the Minister (Section 434 of the MSA) by way of subsidiary legislation in the Merchant Shipping (Medical Examination of Seafarers) Regulations 2001 and the Merchant Shipping (Safe Manning, Hours of Watchkeeping) Regulations 2001. Regulations 3 and 4 of the Safe Manning, Hours of Watchkeeping Regu - lations place duties on masters of Nigerian ships to ensure that a seafarer on board a ship does not work more hours than is safe in relation to the safety of the ship and performance of the seafarer’s duties. Sec - tion 5 places the duty on both masters and seafarers, insofar as is reasonably practicable, to ensure that they are properly rested before commencing duty on a ship and that they obtain adequate rest during periods when off duty. The ILO Convention, 1932 on Protection Against Acci - dent of Workers Employed in Loading or Unloading Ships (Dockers Convention Revised 1932) and the Placing of Seamen Convention, 1920 are the other international conventions on seafarers’ rights that have been domesticated by the MSA.
The AJA also provides seafarers and masters with the right (as general maritime claims and maritime liens) to bring an action against a shipowner for unpaid wages. However, the Court of Appeal, per its 2020 decision in the MT SAM PURPOSE, states that pursuant to Section 254 (c)(1) of the Constitution, the National Industrial Court is the appropriate court to deal with an action for unpaid crew wages. The matter is cur - rently pending on appeal before the Supreme Court. 4. Cargo Claims 4.1 Bills of Lading The conventions regarding bills of lading which are enforceable in Nigeria are: • the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading 1924 (the “Hague Rules”), domesticated via the Carriage of Goods by Sea Act, Cap C2, LFN 2004 (COGSA); and • the United Nations Convention on the Carriage of Goods by Sea (the “Hamburg Rules”), domesticat - ed via the United Nations Convention on Carriage of Goods by Sea (Ratification and Enforcement) Act 2005). The Hague Rules and Hamburg Rules are applicable in Nigeria, as the National Assembly failed to repeal/ denounce the Hague Rules, as required by Article 31 of the Hamburg Rules. While Nigeria is not a party to the Hague-Visby Rules, it has ratified, but is yet to domesticate, the Rotterdam Rules; hence, it does not have force of law in Nigeria. 4.2 Title to Sue on a Bill of Lading Generally, only a party to a contract contained in a bill of lading can sue on it, that is, the carrier, shipper (consignor), consignee or the endorsee on the bill of lading. Unless endorsed as an endorsee, a notifying party is not a party to a contract contained in a bill of lading and lacks the locus standi to sue or institute an action on the bill of lading.
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