NIGERIA Law and Practice Contributed by: Adedoyin Afun and Michael Abiiba, Bloomfield LP
owned by the Relevant Person (in respect of all the shares) at the time the arrest if filed, may be arrested in relation to the claim for unpaid bun - kers supplied to another vessel. Where the Relevant Person (who ordered the unpaid bunkers) is the time-charterer, the bunker supplier would be unable to arrest the supplied vessel pursuant to the AJA. Notwithstanding the foregoing, it is possible to arrest a vessel for unpaid bunker claims where (i) the governing law for the bunkers supply con - tract creates an in rem right against the supplied vessel (in the form of a maritime lien), or (ii) the terms and conditions of the bunkers supply con - tract creates an in rem right against the supplied vessel. Neither case law nor any legislation makes any distinction between a contractual supplier or the actual supplier of unpaid bunkers for an in rem Further to the AJPR and the Federal High Court (Civil Procedure) Rules 2019 (the “FHC Rules”), an application for the arrest of a vessel is brought via an ex parte application (if the vessel is within Nigerian territorial waters – that is, 12 nautical miles off the coast of Nigeria from the low-water mark, or of the seaward limits of inland waters according to the Territorial Waters Act, Cap T5, LFN 2004, or is expected to arrive there within three days) disclosing a strong prima facie case for the arrest order. This application must be supported by: • an affidavit and an affidavit of urgency deposed to by the applicant, its counsel or its agent; right to arrest a vessel. 4.5 Arresting a Vessel
• an undertaking to indemnify the ship against wrongful arrest; and • an undertaking to indemnify the Admiralty Marshal in respect of any expenses incurred in effecting the arrest. It is worth noting that such applications can now be filed electronically. There is also a 24-hour timeline from the date of filing (where practica - ble) for the hearing and determination of such application, which may now be conducted phys - ically or virtually on any day, including Sundays and public holidays. The applicant is also required to pay, fortnight - ly, the Admiralty Marshal’s minimum cost of NGN100,000 for maintaining the vessel under arrest. Original copies of the supporting documents are required. However, where an original document has been lost or is unavailable, a notarised copy of the document will suffice. If the document pro - vided is a public document within the meaning of Section 102 of the Evidence Act (Amendment) Act 2023, a certificate written at the foot of that copy, by the relevant public officer, declaring that it is a certified true copy of the document, is required in certification of that document. Documents prepared in a language other than the English language are required to be trans - lated into the English language. The FHC does not require a security deposit from the arresting party. However, Order 13 of the AJPR provides that the court may order security for costs, on the application of the arrested party, where the sum claimed is more than NGN10 million or its foreign currency equivalent, or where the arresting party has no assets in Nigeria. The security for cost may be in
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