NIGERIA Law and Practice Contributed by: Adedoyin Afun and Michael Abiiba, Bloomfield LP
delivered or from the last day on which the goods should have been delivered. Notwithstanding the foregoing, the person against whom the claim is made can extend the limitation period by making a declaration in writing. 4. Maritime Liens and Ship Arrests 4.1 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 leg - islations that cover ship arrests in Nigeria. 4.2 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 Mortgages 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 follow - ing claims: • loss of life or personal injury occurring, whether on land or water, in direct connection with the operation of the relevant ship; • salvage, wreck removal and contribution in general average; or • ports, canal and other waterways, dues and pilotage dues.
Thus, Nigeria recognises maritime lien for indem - nities for injuries of crew. Also, the AJA distin - guishes between maritime claims (ie, proprietary and general maritime claims, as explained at 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts ) and mari - time liens. Proprietary maritime claims and mari - time liens are vested with in rem rights against a vessel. Notwithstanding the foregoing, 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) the owner, in respect of all the shares in the offending ship, or its bareboat charterer; or (ii) the owner, in respect of all the shares, in any other ship (sister ship). 4.3 Liability in Personam for Owners or Demise Charterers In relation to a proprietary maritime claim or a maritime lien, it is not required for the owner or demise charterer to be liable in personam before a vessel can be arrested. For a general maritime claim, the Relevant Per - son (ie, the owner or demise charterer) needs to be liable in personam before a vessel or its sister Pursuant to Section 2(3)(k) of the AJA, a claim for unpaid bunkers amounts to a general maritime claim for goods, materials or services supplied to a ship for its operation and maintenance. As such, the supplied vessel may be arrested if the Relevant Person wholly owns all the shares in the supplied vessel, or is the demised charterer of the supplied vessel, at the time the arrest is filed. Also, any other vessel, which is wholly vessel can be arrested. 4.4 Unpaid Bunkers
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