Expert wants cargo claims, admiralty jurisdiction limited to federal high courts

A maritime law expert, Dr Emeka Akabogu, Senior Partner at Akabogu and Associates, has advocated that claims on cargo and admiralty disputes should be adjudicated by the federal high courts. He said the jurisdiction of the Federal High Court should cover when the cargo is loaded on the ship up till when the cargo reaches […]

A maritime law expert, Dr Emeka Akabogu, Senior Partner at Akabogu and Associates, has advocated that claims on cargo and admiralty disputes should be adjudicated by the federal high courts.

He said the jurisdiction of the Federal High Court should cover when the cargo is loaded on the ship up till when the cargo reaches the owner.

He spoke to journalists on the sidelines of the just concluded International Maritime Seminar Judges organised by the Nigerian Shippers Council and the National Judiciary Institute held in Abuja.

Admiralty Claims are claims which arise from the carriage of goods by sea and all other aspects relating to maritime.

He encouraged judges to better appreciate the Admiralty Jurisdiction Act which confers jurisdiction on the Federal High Court to determine admiralty claims.

Akabogu said: “I would like to advise and encourage all judges at the high court level and appellate level to better appreciate the significance of foundational maritime laws, particularly the Admiralty Jurisdiction Act which confers jurisdiction on the Federal High Court to determine such matters. It will enable them to make better decisions that will impact on free flow of goods, quick vessel turnaround, trade facilitation and better business enablement at the ports,” he said.

He noted that port congestion and associated constraints also arise from people who have rights which have been breached but which cannot be fully ventilated at that point.

‘‘Some people have their cargoes stuck at the ports due to breaches of their economic rights, but are constrained in dealing with it due to technical issues in the law and courts bordering on jurisdiction. Often, the value of the cargo will dissipate over time and they will not even have any encouragement or any desire to go and clear it from the ports anymore, leading to congestion,” he said.

He added that often when claims arise and are filed in the Federal High Court, they are truncated due to wrong application or appreciation of Admiralty jurisdiction issues.

‘‘Sometimes, it is not the Federal High Court that does it. Sometimes you may file a claim, which will be successful at the Federal High Court and go on appeal.

‘‘And when it goes on appeal either to the Court of Appeal or to the Supreme Court, the court will come up with the position that the Federal High Court did not have jurisdiction in the first place.