Duties act, cap 411, laws of the federation of nigeria, 1990. The act provides that the admiralty and maritime jurisdiction of the united states shall extend to and include all cases of damage or injury, to person or property, caused. Statute of limitation latest nigerian supreme court cases. In common law jurisdictions, admiralty law often connotes the maritime. Disputes arose over what matters fell within the admiralty jurisdiction of the courts and also as to which courts had admiralty jurisdiction. Act contemplated by section 61a encounters a heavy weather. The short title to the penal code law 1959 hereinafter referred to as repeal of the 2 the principal law. Once an action is caught by the limitation act, the court has no jurisdiction to entertain the matter. Ever since nigeria s admiralty jurisdiction act aja came into force much controversy has ensued over the enforceability of foreign arbitration clauses in maritime contracts. The law of restitution in nigeria covers the historical development of restitution in law, its scope, and contemporary issues related to it. In all states however, the high court has jurisdiction to entertain recovery matters however, even at that there is a deliberate attempt by some of the laws to. Court cannot expand jurisdiction courts can expound their jurisdiction, but they cannot expand it tukur v govt. An act to provide for the exploration of petroleum from the territorial waters and the continental shelf of nigeria and to vest the ownership of, and all onshore and offshore revenue from petroleum resources derivable therefrom in the federal government and for all other matters incidental thereto.
Admiralty jurisdiction in the federal courts of nigeria. Examples of electronic evidence in legal proceedings in nigeria the law of evidence in nigeria only recently made provision for the admissibility of computer generated 1 former secretary general, the united nations. Nigeria has its own constitution which was established on 29 may 1999. Marshal is also required to file a return or receipts and expenditures to. While each legal jurisdiction usually has its own legislation governing maritime matters, the. An act to consolidate the laws relating to admiralty jurisdiction, legal proceedings in connection with vessels, their arrest, detention, sale and other matters connected therewith or incidental thereto. This is because south african law did not increase its admiralty jurisdiction between the coming into effect of the 1890 colonial.
In nigeria, we also adopt the provisions of our merchant shipping act, 2007, which repeals the very old legislation of 1886 i. For this reason, courts authority or jurisdiction is a product of constitution or other specific statutes. Republic of nigeria 19993 and section 21 of the admiralty jurisdiction act aja 19914 which empower the cjf to make rules of practice and procedure for the fhc and to carry into effect the objects of the aja. Dec 22, 2016 it was in these circumstances that the 1999 constitution was amended to accommodate the national industrial court as one of the superior courts of record with coordinate jurisdiction with the high court by virtue of section 2 and section 5c of the constitution of the federal republic of nigeria third alteration act 2010. Other applicable laws are the admiralty jurisdiction act, 1991, and the admiralty jurisdiction procedures rules 2011. Nonetheless, provisions of the arrest convention 1952 were incorporated into the admiralty jurisdiction act, cap a5 lfn 2004 aja. This has, however, not been without some teething problems. Nigeria 141 ilr 1 1 international court of justice jurisdiction whether cameroons application ful. Cmi ship finance questionnaire submission by nigerian maritime law association may 2018 page 4 3. Feb 06, 2016 civil jurisdiction refers to the adjudicatory powers exercisable by courts over civil matters. Jurisdiction without being statutorily empowered to do so.
Evidence act, 2011 explanatory memorandum this act repeals the evidence act, cap. An act to make provision for the appointment and duties of sheriffs, the enforcement of judgements and orders, and the service and execution of civil process of the courts throughout nigeria. Admiralty jurisdiction procedure rules 2011 akabogu. The extension of admiralty jurisdiction act eaja, however, extends admiralty jurisdiction to include all cases of damage or injury, to person or property, caused by a vessel on navigable water, notwithstanding that such damage or injury. Pdf admiralty jurisdiction under the 1990 nigerian. Types of traditional land tenure systems and agricultural productivity there is quite a handful of taxonomical analysis of land tenure system within nigeria alone.
Admiralty jurisdiction in nigeria section 2511 g of the 1999 constitution of the federal republic of nigeria confers exclusive jurisdiction on the federal high court to hear and determine admiralty disputes in nigeria. Congress enacted the extension of admiralty jurisdiction act in 1948. This article seeks to examine the different modes of enforcing maritime claims by actions in rem under nigerian law. In nigeria, we also adopt the provisions of our merchant shipping act. English law in nigeria is derived from the colonial nigeria, while. The term civil matters means a dispute between individuals or between individuals and government or between governments, the result of which maybe the a. Although he was a vigorous exponent of the expansion of admiralty jurisdiction, justice story for the court in the steamboat thomas jefferson947 adopted a restrictive english rule confining admiralty jurisdiction to the high seas and upon rivers as far as the ebb and flow of the tide extended. Acts done partly within and partly beyond the jurisdiction. Limitation brought under section 363, merchant shipping act, 1990, section 9 of the admiralty jurisdiction act, 1991, order. Jurisdiction, statute of limitation, immunity clause section 308. A schedule of this list is provided at the end of this section as annexure i.
Pdf enforcing foreign arbitration clauses in maritime. Nigeria s source of admiralty jurisdiction is traceable to the colonial courts of admiralty act 1890. Originally, the nic was a court of very limited jurisdiction but the nic act granted it expanded original and. Litigation in our courts in nigeria today is known to be longwinding and it is not. Action against an act or omission of public officerssame must be instituted within 3 months of the commission of the act or omission complained of. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using oceangoing ships. Act done pursuant to the judgment or order of court. Nigeria because the law at present, vests only in the federal high court the.
Forward to ecommerce and development report unacd secretariat, 2001. Admiralty jurisdiction act chapter a5 laws of the federation of nigeria 1 extent of the admiralty jurisdiction of the federal high court. The judicature supreme court act arrangement of sections preliminary 1. Innovation or incongruity under the admiralty jurisdiction act 1991.
Cmi ship finance questionnaire submission by nigerian. Together, the aja and the ajpr govern admiralty matters in nigeria. All the resources of icfnl are available to the law firm. Enforcement of foreign judgments 2020 nigeria iclg. If the same suit could be filed in state court under the 1789 act, it could be tried to a jury. Establishment of the surveyors council of nigeria 1 there is hereby established a body to be known as the surveyors council of ni geria hereafter in this act referred to as the council. Nigerias source of admiralty jurisdiction is traceable to the colonial courts of admiralty act 1890. The admiralty and maritime jurisdiction of the united states extends to and includes cases of injury or damage, to person or property, caused by a vessel on navigable waters, even though the injury or damage is done or consummated on land. The terrorism act aheady in its section 9 creates the. Provided that this act shall not apply to an inland vessel defined in clause a of subsection 1 of section 2 of the inland vessels act, 1917. Icfnl legal practitioners is a full service law firm associated with icfnl. A commentary on the 1952 and 1999 arrest conventions. Jurisdiction determined by plaintiffs claim it is the claim of the plaintiff that determines jurisdiction attorney general of the federation v guardian newspapers ltd 2001 fwlr pt. May 26, 20 the taxes and levies approved list for collection act, cap t2, laws of the federation of nigeria lfn, 2004 provides a list of the taxes that each tier of government can charge in nigeria.
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Legislations relevant to the jurisdiction of the federal. Act likely to cause injury, but done without criminal intent and to pre vent other injury or to benefit person injured. History and admiralty jurisdiction of the high courts. This act may be cited as the criminal justice adminis short title. This would suggest that there was an admiralty jurisdiction before the 1890 act. Extent of the admiralty jurisdiction of the federal high court. Court of nigeria and thereby committed an offence contrary to section 81a of the corrupt practices and other related offences act, 2000.
Admiralty jurisdiction act nigerian law intellectual. Count ten statement of offence money laundering contrary to section 15 2cof the money laundering prohibition act 2011as amended and punishable under section 153 of the same law. Colonial courts of admiralty act 1890 and is, under subsection 2 of the said act, and subject to the provisions thereof, over the like places, persons, matters and things as the admiralty jurisdiction of the high court in england, whether existing by virtue of any statute or otherwise and. Together, the aja and the ajpr govern admiralty matters in nigeria, with the fhc as the court of first instance. Pdf admiralty jurisdiction in the federal courts of nigeria.
Constitution of the federal republic of nigeria 1999. Get tips and important information on different aspects of legal requirements in nigeria. Maritime claimspractices, procedures and enforcements nigeria. An act to make new provisions for the jurisdiction, powers, practice and procedure of the courts of the northern state of nigeria in respect of federal offences, to continue certain interstate arrangements provided for in the criminal proce. Home files admiralty jurisdiction act admiralty jurisdiction decree 1991. The present nigerian position as seen above, however, is based on section 2511g of the 1999 constitution and statutes like the admiralty jurisdiction act 1991 and the federal high court act 2004, as amended. The claimant claims against the defendant, among other things, damages for negligence by the tug north, breach of contract and a maritime lien over the tug north pursuant to the shipping act. The long title of the nic act noted that the act is enacted to provide for the establishment of the nic as a superior court of record and confer jurisdiction on the court with respect to labour and industrial relations matters. Although nigeria has acceded to the 1952 arrest convention, the country is yet to promulgate. New developments in the admiralty jurisdiction of the. See also section 53 of the admiralty jurisdiction act 1991.
Criminal procedure 241 all indictments preferred at the circuit courts shall as to ndlct. Admiralty jurisdiction in tort cases navigable waters of the united states there has never been any doubt that admiralty jurisdiction extends to the high seas and the territorial seas. The process and pleading in admiralty cases is initiated with an identification of admiralty claims. Nigeria judicial court of appeal united states department. E14, laws of the federation of nigeria, and enacts a new evidence act, 2011 which applies to all judicial proceedings in or before courts in nigeria. In addition to the provision of the constitution of the federal republic of nigeria, section 7 of the federal high court act and section 11 a of the admiralty jurisdiction act 1991 confer on the federal high court the jurisdiction to hear and determine any question relating to a proprietary interest in a ship or any admiralty claim specified in section 2 of the admiralty jurisdiction act 17. Iclg enforcement of foreign judgments laws and regulations nigeria covers common issues in enforcement of foreign judgments laws and regulations through the detailing of the general enforcement regime, enforcement regime applicable to judgments from certain countries, and methods of enforcement in 35 jurisdictions. Highlevel meeting on the rule of law at the national and. Nigerian law of torts download ebook pdf, epub, tuebl, mobi. Establishment of the nigerian ports authority 1 there is hereby established, an authority to be known as the nigerian ports authority in this act referred to as the authority. Admiralty jurisdiction act admiralty jurisdiction decree 1991.
In nigeria, the jurisdiction of the nic is a product of several enactments. This legal alert gives you a synopsis of what the stamp duties act regulates. It is today the only court with jurisdiction in matters relating to admiralty in nigeria. Nigeria is not a party to the arrest convention 1999 and the maritime. The plea of allocutus in nigerian criminal law allocutus is a plea made in criminal trials in order to mitigate the sentence or punishment on an accused there is a similar provision in the administration of criminal justice. External auditors of all insured institutions and reporting requirements. The seesaw some courts have held that arbitration clauses such as those in maritime agreements, oust the jurisdiction of the nigerian courts and so are null and void by virtue of s. Notwithstanding the foregoing, section 254c1 of the constitution of the federal republic of nigeria third alteration act, 2010 conferred exclusive jurisdiction over all labourrelated matters on the national industrial court, to the exclusion of all other courts of coordinate jurisdiction i. Nonappealable decisions of the national industrial court of.
There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. Over 20 years ago, the federal high court was created. Procedurally, jurisdiction of court does not exist in vacuum. As another example, the plaintiff who files suit in federal court and invokes the courts admiralty jurisdiction is not entitled to a jury trial and the case will be decided by the judge. The admiralty jurisdiction and settlement of maritime claims act, 2017 act no 22 of 2017 9th august, 2017. Admiralty and maritime law federal judicial center. Download administration of criminal justice law of lagos.
The law of nigeria consists of courts, offences, and various types of laws. Territorial extent of admiralty and maritime jurisdiction. Legislations relevant to the jurisdiction of the federal high. Posted in appeals, constitutional law, contents of, effect of carrying out an act out of time, essence of, final court of appeal in election petition, judgment, jurisdiction, practice and procedure, purport of the provisions of s. Stamp duties act stamp duties, unlike other forms of taxes or duties, are taxes on written documents as opposed to taxes directly imposed on individuals or their transactions. June 11, 2018 on may 31, 2018, the seventyfiveyearold nigerian president muhammadu buhari signed into law a bill amending the 1999 constitution, the implementation of which will lower the minimum age requirements for competing for and holding key elected offices both at federal and state levels. Section 2511 g of the 1999 constitution of the federal republic of nigeria confers exclusive jurisdiction on the federal high court to hear and determine admiralty disputes in nigeria. Nigeria mla replies to the ship finance security practices.