ADMIRALTY JURISDICTION ACT

Act · Transport

An Act grants the Federal High Court exclusive jurisdiction over maritime claims, such as ship arrests and cargo disputes. It targets shipowners, cargo owners, and maritime practitioners. This enables effective resolution of maritime conflicts.

ADMIRALTY JURISDICTION ACT

What Is This Policy?

An Act vesting in the Federal High Court exclusive admiralty jurisdiction over maritime claims including ship arrests, collision claims, salvage, cargo damage, and maritime liens.

Who Does It Target?

Shipowners, cargo owners, and charterers with maritime claims Maritime lawyers and practitioners Federal High Court judges handling maritime cases Plaintiffs arresting vessels in Nigeria

What Does It Aim to Achieve?

Provide a clear, comprehensive admiralty jurisdiction in the Federal High Court enabling effective resolution of maritime disputes and enforcement of maritime claims in Nigeria.

Key Features

Exclusive Jurisdiction: Only the Federal High Court has jurisdiction over maritime claims in Nigeria. Ship Arrest: Provides the powerful remedy of arresting a vessel as security for a maritime claim. In Rem Actions: Actions may be brought against the ship itself (in rem) as well as against the owner personally. Maritime Liens: Recognises maritime liens on vessels that rank ahead of mortgages in certain cases.

Current Status

Rollout Stage: Active Coverage: All admiralty proceedings in Nigeria Beneficiaries: Maritime claimants; shipping industry; trade Funding: Court fees

How to Access

Maritime claims must be filed at the Federal High Court (Admiralty Division) Ship arrest requires an ex parte application with supporting evidence Admiralty practitioners must be enrolled at the Federal High Court Application method: File admiralty actions at the Federal High Court Registry.

Important Terms

Vessel arrest is a powerful tool that can be misused — wrongful arrest attracts damages Maritime liens for crew wages rank ahead of mortgagees Limitation of liability conventions may cap shipowner liability

Official Resources

Website: https://www.judiciary.gov.ng Contact: Federal High Court

Legal Framework

Enacted under the legislative powers of the National Assembly vested by Section 4 and Section 251(g) of the 1999 Constitution, which confers exclusive admiralty jurisdiction on the Federal High Court. The Admiralty Jurisdiction Act (Cap A5 LFN 2004) is the principal statute. Operates alongside the Federal High Court Act, the Merchant Shipping Act 2007, the Nigerian Maritime Administration and Safety Agency (NIMASA) Act, and international maritime conventions ratified by Nigeria.

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