ADMIRALTY JURISDICTION ACT

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ADMIRALTY JURIDICTION ACT

CHAPTER A5 LAWS OF THE FEDERATION OF NIGERIA, L.F.N. 2004

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EXPLANATORY MEMORANDUM

This Act provides among others for the extent of the jurisdiction of the Federal High Court in admiralty matters and other matters connected therewith. 

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ARRANGEMENT OF SECTION

1.       Extent of the admiralty jurisdiction of the Federal High Court.

2.       Maritime claims.

3.       Application of jurisdiction to ships, etc.

4.       Aviation claims.

5.       Mode of exercise of admiralty jurisdiction.

6.       Re-arrest.

7.       Service and arrest within jurisdiction.

8.       Proceeds of sale.

9.       Limitation of liability proceedings.

10.     Retention of security where proceedings are stayed or dismissed.

11.     Liability not limited to value of ship or property.

12.     Ownership disputes.

13.     Damages for wrongful arrest.

14.     Priorities: general maritime claims.

15.     Statutory powers of detention.

16.     Liability for principal and agent.

17.     Currency clause.

18.     Limitation periods.

19.     Exclusive jurisdiction.

20.     Ouster of jurisdiction by agreement void.

21.     Practice and procedure.

22.     Venue of proceedings.

23.     Appeals.

24.     Act to bind the State.

25.     Interpretation.

26.     Short title.

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ADMIRALTY JURISDICTION ACT

An Act to provide for the extent of the jurisdiction of the Federal High Court in admiralty matters and other matters connected therewith. 

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[Commencement]                              [30th December, 1991] 

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1.      Extent of the admiralty jurisdiction of the Federal High Court 

(1)     The admiralty jurisdiction of the Federal High Court (in this Act referred to as “the Court”) includes the following, that is –

(a)     jurisdiction to hear and determine any question relating to a proprietary interest in a ship or aircraft or any maritime claim specified in section 2 of this Act;

(b)     any other admiralty jurisdiction being exercised by any other court in Nigeria immediately before the commencement of this Act;

(c)     any jurisdiction connected with any ship or aircraft which is vested in any other court in Nigeria immediately before the commencement of this Act;

(d)     any action or application relating to any cause or matter by any ship owner or aircraft operator or any other person under the Merchant Shipping Act or any other enactment relating to a ship or an aircraft for the limitation of the amount of his liability in connection with the shipping or operation of aircraft or other property;

(e)      any claim for liability incurred for oil pollution damage;

(f)      any matter arising from shipping and navigation on any inland waters declared as national waterways;

(g)     any manner arising within a Federal port or national airport and its precincts, including claims for loss or or damage to goods occurring between the off-loading of goods across space from a ship or an aircraft and their delivery at the consignee’s premises, or during storage or transportation before delivery to the consignee;

(h)     any banking or letter of credit transaction involving the importation or exportation of goods to and from Nigeria in a ship or an aircraft, whether the importation is carried out or not and notwithstanding that the transaction is between a bank and its customer;

(i)      any cause or matter arising from the constitution and powers of all ports authorities, airport authority and the National Maritime Authority;

(j)      any criminal cause and matter arising out of or concerned with any of the matters in respect of which jurisdiction is conferred by paragraphs (a) to (i) of this subsection.

(2)     The admiralty jurisdiction of the Court in respect of carriage and delivery of goods extends from the time the goods are placed on board a ship for the purpose of shipping to the time the goods are delivered to the consignee or whoever is to receive them, whether the goods were transported on land during the process or not. (3)     Any agreement or purported agreement, monetary or otherwise connected with or relating to carriage of goods by sea, whether the contract of carriage is executed or not, shall be within the admiralty jurisdiction of the Court.

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