CARRIAGE OF GOODS BY SEA ACT
Act · Water
An Act defines rights and obligations for carriers and cargo owners in sea transport under the Hague Rules. It targets shipowners, importers, exporters, and freight forwarders by setting carrier duties and liability limits. This provides a balanced framework to protect cargo during transit.
CARRIAGE OF GOODS BY SEA ACT
What Is This Policy?
An Act giving effect to the Hague Rules on bills of lading, defining the rights and obligations of carriers and cargo interests in the sea carriage of goods to and from Nigeria.
Who Does It Target?
Shipowners and carriers of goods by sea Cargo owners, importers, and exporters Freight forwarders and insurance companies Maritime lawyers handling cargo claims
What Does It Aim to Achieve?
Provide a balanced legal framework for sea carriage contracts, protecting cargo owners from carrier exclusions while defining the limits of carrier liability for cargo loss or damage.
Key Features
Carrier Obligations: Carriers must exercise due diligence to provide a seaworthy ship and properly care for cargo. Liability Limits: Prescribes maximum liability amounts per package or unit for cargo loss or damage. Time Bar: Cargo claims must be filed within one year of delivery or scheduled delivery date. Exclusion Limitations: Carriers may not contract out of their fundamental obligations under the Act.
Current Status
Rollout Stage: Active Coverage: Sea carriage of goods to and from Nigeria Beneficiaries: Cargo owners; shipping industry; trade facilitation Funding: Not applicable — commercial law framework
How to Access
All bills of lading for goods to/from Nigeria incorporate these Rules by law File cargo damage claims within one year of delivery Notify carrier of damage in writing before or at the time of delivery Application method: Maritime claims filed at the Federal High Court (Admiralty Division).
Important Terms
The time bar of one year is strictly enforced Limitation of liability applies per package unless a higher value is declared The Act applies only where the port of loading or discharge is in Nigeria
Official Resources
Website: https://www.justice.gov.ng Contact: Federal High Court / Federal Ministry of Justice
Legal Framework
Enacted under the legislative powers of the National Assembly as the Carriage of Goods by Sea Act (Cap C2 LFN 2004), giving effect to the Hague Rules (1924 Brussels Convention). Operates alongside the Merchant Shipping Act 2007, the Nigerian Maritime Administration and Safety Agency (NIMASA) Act, the Federal High Court Act on admiralty jurisdiction, and international conventions including the Hague-Visby Rules and Hamburg Rules as applicable.