NIGERIA Law and Practice Contributed by: Adedoyin Afun and Michael Abiiba, Bloomfield LP
2.5 Seafarers’ Safety and Owners’ Liability Nigeria has ratified the Maritime Labour Con - vention 2006 (MLC) but is yet to domesticate it as required by the Constitution. Notwithstand - ing the foregoing, the NIMASA, by requesting evidence of compliance with the MLC financial security provisions before issuing certain opera - tional permits to vessels, has invariably started to implement the provisions of the MLC. Other international conventions on seafarers’ rights have been implemented, pursuant to Sec - tion 215 of the MSA. These include: • rights with regard to their employment con - tracts (and obligations of their employers), 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 (the “STCW Convention”) 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) Regu - lations 2001. Regulations 3 and 4 of the Safe Manning, Hours of Watchkeeping 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. Section 5 places the duty on both masters and seafarers, in so far 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 (No 32 of 1932) on Protec - tion Against Accident of Workers Employed in Loading or Unloading Ships (Dockers Conven - tion 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 (including the arrest of a ship) 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 Consti - tution, the National Industrial Court is the appro - priate court to deal with an action for unpaid crew wages. The matter is currently pending on appeal before the Supreme Court. The international conventions regarding bills of lading which are enforceable in Nigeria are: • the International Convention for the Unifica - tion of Certain Rules of Law Relating to Bills of Lading 1924 (the “Hague Rules”), which was domesticated via the Carriage of Goods by Sea Act, Cap C2, LFN 2004 (COGSA); and • the United Nations Convention on the Car - riage of Goods by Sea (the “Hamburg Rules”), which was enacted into law by the United Nations Convention on Carriage of Goods by Sea (Ratification and Enforcement) Act 2005). Both 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. 3. Cargo Claims 3.1 Bills of Lading
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