Expert Advises on Cargo Claims, Limits of Admiralty Jurisdiction Act

Kasim Sumaina

A maritime law expert, Dr. Emeka Akabogu has encouraged Judges to better appreciate the Admiralty Jurisdiction Act, which confers jurisdiction on the Federal High Court to determine admiralty claims. 

Akabogu, Senior Partner, Akabogu and Associates, said this in an interview on Sunday in Abuja.

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

Akabogu noted: “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 will enable them make better decisions that will 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.”

He stated that sometimes, it is not the Federal High Court that does it, saying: “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.

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 same happens to those who have losses occurring in the course of carriage to deliver to the consignee or in their ware houses or similar other things, adding that continuous enlightenment is necessary to resolve the challenge.