Shipping 2026

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

5. Maritime Liens and Ship Arrests 5.1 Ship Arrests There is no international convention in force in relation to the arrest of vessels in Nigeria. The AJA, MSA and AJPR are the domestic legislation covering ship arrests in Nigeria. 5.2 Maritime Liens Section 5 (3) of the AJA defines maritime liens as a lien for: • salvage; • damage done by a ship; • the wages of the master or a member of the crew of a ship; or • the master’s disbursements. In addition to these definitions, Section 67 of the MSA (as inspired by the Maritime Liens and Mortgag - es Convention, 1993, to which Nigeria acceded but which it has yet to domesticate in accordance with the Constitution) expanded the definition of maritime liens to include the following claims: • loss of life or personal injury occurring, whether on land or water, in direct connection with the opera - tion of the relevant ship; • salvage, wreck removal and contribution in general average; or • ports, canal and other waterways, dues and pilot - age dues. Thus, Nigeria recognises maritime lien for indemni - ties for injuries to crew. Also, the AJA distinguishes between maritime claims (ie, proprietary and gen - eral maritime claims, as explained at 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts ) and maritime liens. Proprietary maritime claims and maritime liens are vested with in rem rights against a vessel. Notwithstanding, a vessel may be arrested in relation to a general maritime claim where the claim arises in connection with a ship and the person who would be liable on the claim in an action in personam (the “Relevant Person”) is, at the time the action is filed: (i)

Additionally, Article 13 of the Hamburg Rules provides that the shipper must inform the carrier of the dan - gerous character of the goods and, if necessary, of the precautions to be taken and, where the shipper fails to do so, the shipper is liable to the carrier and any actual carrier for the loss resulting from the ship - ment of those goods; the goods may at any time be unloaded and destroyed without payment of compen - sation. Article 17 of the Hamburg Rules also provides that a shipper is liable to indemnify the carrier against the loss resulting from inaccuracies stated in the bill of lading. Article IV (6) of the COGSA also states that the ship - per shall be liable to the carrier for any damages and expenses directly or indirectly arising out of the ship - ment of inflammable, explosive or dangerous goods, where the shipper fails to notify the carrier of the nature of the goods. 4.5 Time Bar for Filing Claims for Damaged or Lost Cargo Noting that the Hamburg Rules and Hague Rules are in force in Nigeria, the limitation periods indicated in each of these conventions are applicable in Nigeria. Under the Hague Rules, the time bar for the institution of claims for loss of or damage to goods is one year from the date on which the goods were delivered or, in the case of lost goods, from the date the goods should have been delivered, provided that a written notice of loss or damage was given to the carrier or their agent at the port of discharge before or at the time of the delivery of the goods, or, in the case of lost goods, within three days. Under the Hamburg Rules, the time bar is two years from the date the goods were delivered or from the last day on which the goods should have been deliv - ered. Notwithstanding, the person against whom the claim is made can extend the limitation period by making a declaration in writing.

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