THE NEGATIVE IMPLICATIONS OF THE NON-AVAILABILITY OF THE ADMIRALTY INTERIM RELIEF OF ARREST OF SHIPS IN THE ADJUDICATION OVER MARITIME LABOUR CLAIMS IN NIGERIA

Abstract

This article looks at the negative implications of the non-availability of the admiralty interim relief of arrest of ships in the adjudication over maritime labour claims in Nigeria. The significance of the article is that it lays bare the negative implications of the National Industrial Court to adjudicate over maritime labour claims. By Section 245C of the Constitution it is the National Industrial Court of Nigeria that has exclusive jurisdiction over all labour claims. The fact that the National Industrial Court of Nigeria has exclusive jurisdiction over maritime labour claims has been given judicial credence. This article would at the end of the day give answer to two fundamental questions: (i) whether the interim admiralty relief of arrest of ship is available to maritime labour claimant in Nigeria. If answer is in the negative; (ii) whether there are negative implications to this. It is the contention herein that the existing legal frame work for adjudication over maritime labour claims does not meet the ends of justice as such the National Industrial Court of Nigeria be robbed of jurisdiction to adjudicate over maritime labour claims and the jurisdiction given to the Federal High Court; in the alternative, the National Industrial Court of Nigeria should have the jurisdiction of arrest of ships in respect of maritime labour claims.