Expert Advises on Cargo Claims, Limits of Admiralty Jurisdiction Act
Kasim Sumaina in Abuja
A maritime law expert, Dr. Emeka Akabogu, has encouraged Judges to acquire better appreciation of the Admiralty Jurisdiction Act, which conferred jurisdiction on the Federal High Court to determine admiralty claims.
Akabogu, who is the senior partner of Akabogu and Associates, explained yesterday in Abuja that admiralty claims are claims that arise from the carriage of goods by sea and all other aspects relating to maritime.
He said: ‘’I will 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.”
He disclosed that the Admiralty Jurisdiction Act would enable them to make better decisions that would impact on free flow of goods, quick vessel turnaround, trade facilitation and better business enablement at the ports.
‘According to him, “a lot of port congestion and associated constraints arises 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.”
Akabogu maintained that the Federal High Court is supposed to have jurisdiction for admiralty claims, but, however, observed that that often when claims arose and were filed in the Federal High Court, they were truncated due to wrong application or appreciation of admiralty jurisdiction issues.
He said: “Sometimes you may file a claim. It will be successful at the Federal High Court and it goes 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.
‘’And in doing this, they suggest that the jurisdiction of the Federal High Court should end when the cargo is discharged from the vessel.”
Akabogu further explained that this decision always does not favour the consignees as many losses/damages occur after the cargo was discharged from the vessel and before being delivered to the consignee.
He said: ‘’These are some of the type of claims that Nigerians need to have adjudicated upon to enhance business at the ports. When you say that the Federal High Court does not have jurisdiction because the cargo has been discharged, then it means that many people who have their cargo lost or damaged within the ports after it has been discharged from the vessel will have their rights extinguished.”
He, however, said that same thing happened to those who have suffered losses that occurred in the course of carriage to deliver to the consignee or in their warehouses or similar other things, but continuous enlightenment is necessary to resolve these challenges.
