Arrest And Detention of Vessels Under Nigerian Maritime Law: Understanding the Legal Framework

Introduction.

The primary purpose of vessel arrest is to secure satisfaction of a judgment in an action in rem. Pre-judgment arrest in admiralty proceedings serves three key objectives: Preventing removal of the vessel from jurisdiction pending proceedings; Ensuring availability of the vessel to satisfy a potential judgment in the Claimant’s favor; and Compelling provision of security equivalent to the claimed amount or vessel value. Given Nigeria’s reliance on maritime activities for economic growth and international trade underscores the vital importance of this legal mechanism in safeguarding the nation’s economic interests.

This article provides an in-depth examination of the legal framework governing vessel arrest and detention in Nigeria, offering a thorough analysis of procedural requirements and underlying legal principles.

What is a Vessel?

A vessel refers to any watercraft, including ships, brigs, sloops, or other similar structures, designed or capable of navigation on water, primarily intended for transporting passengers, cargo, or equipment across navigable waters.

The Arrest and Detention of Vessels in Nigeria are Governed by:

These laws provide the framework for ship arrest and detention in Nigerian waters

1. Merchant Shipping Act 2007

2. Admiralty Jurisdiction Act LFN 2004

3. Nigerian Maritime Administration and Safety Agency (NIMASA) Act 2007

4. Coastal and Inland Shipping (Cabotage) Act 2003

Exclusive Jurisdiction of The Federal High Court on Admiralty Causes

The Constitution of the Federal Republic of Nigeria, 1999 (as amended), confers jurisdiction on the Federal High Court to hear and determine admiralty causes

Grounds For Arrest/Detention

The purpose of vessel arrest is to invoke and retain the court’s jurisdiction, ensuring the effective adjudication of maritime disputes. Vessels may be arrested or detained in Nigeria for several reasons:

Maritime Claims: disputes arising from cargo damage, loss, or non-delivery, collisions, salvage operations, loss of life or goods, personal injury, and other maritime-related matters.
For non-Compliance: breaches of safety regulations, customs regulations, or health and safety standards.
Unsettled debts or liabilities
To execute the judgment or order of a Court

Procedure for Arrest of Vessel

The originating processes to be filed at the Federal High Court in an action in rem commenced by Writ of Summons, along with the Statement of Claim and copies of documents to be relied on at trial, litigants must also frontload (i) a list and copies of documents to be relied on at the trial, (ii) a list of non-documentary exhibits, and (iii) a list of witnesses to be called at the trial

Pursuant to filing a writ, the plaintiff may submit an ex-parte application for a warrant of arrest, provided the vessel is within Nigerian territorial waters or anticipated to arrive within three days.

Pursuant to the Rules, the following provisions are applicable to such applications: (a) 24-hour timeline for hearing and determination (where feasible); (b) Flexibility for physical or virtual hearings and (c) Hearings can take place on any day, including Sundays and public holidays. This expedited process facilitates timely intervention to prevent the vessel’s departure and safeguard the plaintiff’s claim.

However, the plaintiff is obligated to search the caveat register prior to arrest, Non-compliance may render them liable for unlawful arrest, the objective is to verify the existence of a caveat against arrest pertaining to the ship or property in question. A warrant of arrest will only be issued upon the filing of an affidavit, sworn to by the applicant or their authorized agent, providing the requisite particulars. Concomitantly, the Rules requires the Admiralty Registry to issue a report of the outcome of any party’s search of the caveat against arrest register as in Form 8A (Report of Search of Caveat Against Arrest Register).

The arrest of a ship is contingent upon:

1. The absence of a caveat against arrest; or

2. The court’s discretion to grant the Detention Procedure warrant despite an existing caveat.

Upon grant of an application for arrest and issuance of a warrant of arrest, the Admiralty Marshal or deputy executes it, and the vessel remains under detention until released by court order or sold. The warrant’s validity spans six months, renewable for an additional six months. This underscores the court’s authority to regulate admiralty proceedings’ timeline, preventing abuse and ensuring the arrest mechanism’s purpose i.e. securing maritime claims. Upon arrest, the court via the sheriff assumes possession of the vessel, divesting the owner of control.

How to Secure the Release of an Arrested Vessel

Pursuant to Nigerian law and the Admiralty Jurisdiction Procedure Rules (AJPR), the arrest of a ship constitutes an interlocutory step, it is not a final determination of parties’ rights. The owner or interested parties may apply for vessel release upon providing sufficient security, specifically:

Satisfaction of underlying claim or debt
Posting of security or bail- This requires sureties to give a court-enforceable undertaking to cover the defendant’s liability if they fail to pay.

Please note that the bail amount should be adequate to cover the Plaintiff’s claim, accrued interest, and litigation costs

Upon grant of an order of release by the Court, the vessel is released, the owners take control and litigation proceeds with the security as potential judgment satisfaction.

Conclusion

Understanding the legal framework for vessel arrest and detention in Nigeria is crucial for maritime stakeholders. Effective navigation of these regulations ensures compliance, minimizes disputes, and facilitates smooth maritime operations.

___________________________________________________

Mobil Prod. (Nig.) Unltd v Ayeni (2010) 4NWLR (PT 1185) 586

Section 251 (1g) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended)

Arrest And Detention of Vessels Under Nigerian Maritime Law: Understanding the Legal Framework

LAGOS OFFICE
50, Olonode Street (First Floor)
Alagomeji, Yaba, Lagos State, Nigeria.

Hello!

LAGOS OFFICE 50, Olonode Street (First Floor) Alagomeji, Yaba, Lagos State, Nigeria.

Hello!

LAGOS OFFICE
50, Olonode Street (First Floor)
Alagomeji, Yaba, Lagos State, Nigeria.