Maritime Suits in Nigeria

INTRODUCTION

The practise of transporting goods and people by water, the usage of marine resources, commerce, and navigation are all governed by a complex of laws and rules in Nigeria known as maritime law. The Admiralty Jurisdiction Act of 1991, the Merchant Shipping Act of 2007, the Nigerian Maritime Administration and Safety Agency Act of 2007 (the NIMASA Act), the Coastal and Inland Shipping (Cabotage) Act of 2003, and the Constitution of the Federal Republic of Nigeria, 1999 (as amended) are among the applicable laws that regulate maritime practises. The Admiralty Jurisdiction Procedure Rules also govern cases involving admiralty brought before the Federal High Court, which is the court with jurisdiction. In Nigeria, if a ship or its owners commit a wrong that gives rise to a maritime claim, one way to make things right is to file an in rem action against the ship and have her imprisoned to get security for the claim if the ship is already, or will be, within the court’s jurisdiction three days after the claim is filed and the arrest is being initiated. A ship is regarded as real property rather than personal property, giving her a separate legal personality from her owners.

WHAT ARE MARITIME CLAIMS?

Maritime claims are defined as those that relate to a ship’s ownership, possession, mortgage, or general operation. The Admiralty Jurisdiction Act of 1991, Section 2(1), states that marine claims may be either proprietary or generic in nature. General marine claims arise out of the operation of the res or any arrangement related to or connected with the res, whereas proprietary maritime claims are those that directly affect the res or subject matter.  Proprietary maritime claims are defined under Section 2(2) of the Admiralty Jurisdiction Act as claims relating to:

1. The possession of a ship; or
2. A title to or ownership of a ship or of any share in a ship; or
3. A mortgage of a ship or of a share in a ship; or
4. A mortgage of a ship’s freight;
5. A claim between co-owners of a ship relating to the possession, ownership, operation or earning of a ship;
6. A claim for the satisfaction or enforcement of a judgment given by the court or any court (including a court of foreign country) against a ship or other property in an admiralty proceeding in rem;
7. A claim for interest in respect of a claim referred to in paragraphs (a), (b), or (c) of this subsection.

Section 2(3) of The Admiralty Jurisdiction Act describes general maritime claims as follows:

1. A claim for damage done by a ship, whether by collision or otherwise;
2. A claim for damage received by a ship;
3. A claim for loss of life or for personal injury, sustained in consequence of a defect in a ship or in the apparel or equipment of a ship;
4. Subject to subsection (4) of this section, a claim, including a claim for loss of life or personal injury, arising out of an act or omission of –
5. The owner or charterer of a ship;
6. A person in possession or control of a ship;
7. A person for whose wrongful act or omission the owner, charterer or person in possession or control of the ship is liable;
8. A claim for loss of or damage to goods carried by a ship;
9. A claim out of an agreement relating to the carriage of goods or persons by a ship or to the use or hire of a ship, whether by charter-party or otherwise;
10. A claim relating to salvage (including life salvage of cargo or wreck found on land);
11. A claim in respect of general average;
12. A claim in respect of pilotage of a ship;
13. A claim in respect of towage of a ship or an aircraft when it is waterborne;
14. A claim in respect of goods, materials, or services (including stevedoring and lighterage service) supplied or to be supplied to a ship for its operation or maintenance;
15. A claim in respect of the construction of a ship (including such a claim relating to a vessel before it was launched);
16. A claim in respect of the alteration, repair or equipping of a ship or dock charges or dues;
17. A claim in respect of a liability for port, harbour, canal or light tolls, charges or dues, or tolls, charges, or dues of any kind, in relation to a ship;
18. A claim arising out of bottomry;
19. A claim by a master, shipper, charterer, or agent in respect of disbursements on account of a ship;
20. A claim for an insurance premium, or for a mutual insurance call, in relation to a ship, or goods or cargoes carried by a ship;
21. A claim by a master, or a member of the crew, of a ship for-
22. Wages; or
23. An amount that a person, as employer, is under an obligation to pay to a person as employee, whether the obligation arose out of the contract of employment or by operation of law, including by operation of the law of a foreign country;
24. A claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried in a ship, or for the restoration of a ship or any such goods after seizure;
25. A claim for the enforcement of or a claim arising out of an arbitral award (including a foreign award within the meaning of the Arbitration and Conciliation Act made in respect of a proprietary maritime claim or a claim referred to in any of the preceding paragraphs;
26. A claim for the enforcement of or a claim arising out of an arbitral award (including a foreign award within the meaning of the Arbitration and Conciliation Act made in respect of a proprietary maritime claim or a claim referred to in any of the preceding paragraphs);
27. A claim for interest in respect of a claim referred to in any of the paragraphs (i-xxi) of this subsection.

Contrary to proprietary maritime claims, general maritime claims are based on the operation of the res or any agreements related to or associated with the res rather than directly affecting the res or subject matter. Even in cases where ownership of the ship changes, some claims remain valid. These kinds of claims are referred to as Liens, and the Admiralty Jurisdiction Act of 1991 distinguishes between Maritime Liens and Statutory Liens. According to Section 5(3) of the Admiralty Jurisdiction Act of 1991, a “maritime lien” is defined as a lien for salvage, damage to a ship, the master’s salary or the earnings of a crew member.

In addition, Section 5 of the Admiralty Jurisdiction Act of 1991 stipulates that in all matters falling under the Court’s admiralty jurisdiction, an action in rem or in personam may be filed. There are two primary forms of procedures under admiralty jurisdiction that the Federal High Court can hear and decide on: actions in rem and actions in personam.