AN EXAMINATION OF THE LEGAL FRAMEWORK FOR THE ARREST AND RELEASE OF SHIPS IN NIGERIA

Abstract

The laws relating to the arrest of vessels in Nigeria originates from Statute and Case Law which were derived from and follow closely from the Admiralty Law and Practice in England. The enforcement of maritime claims, which includes the arrest of vessels, is governed by the Admiralty Jurisdiction Act, 1991 (the Act). The Admiralty Jurisdiction Procedure Rules (the Rules), 2023, are Rules made pursuant to the Act to guide procedural matters relating to maritime actions. It provides for the practice and procedure for the arrest of ships in Nigeria. On 18/05/2023 the Chief Judge of the Federal High Court enacted the Rules which effectively repealed the 2011 rules. The new Rules introduced significant innovations to ship arrest practice in Nigeria, one of which is the power of the Federal High Court to arrest a ship to aid a foreign court, or an arbitration commenced within or outside Nigeria. Decisions of Nigerian Courts of Record constitute case law and are often reported in Law Reports for reference purposes. Nigeria, being a common law country, recognises the principles of stare decisis and judicial precedent. As such, decisions of Superior Courts are binding on Lower Courts where the issues are essentially the same or similar.