Lloyd's Maritime and Commercial Law Quarterly
JURISDICTIONAL ASPECTS OF ADMIRALTY CLAIMS IN NIGERIA
Bola Fajemirokun*
Introduction
The new Nigerian Constitution, which takes effect on 2 January 1993, specifies the general jurisdiction of federal and state High Courts.1 Arguably, the establishment of the federal High Court in 19732 and the subsequent disputes about the forum competens for admiralty claims sidetracked any debate on the necessity for local legislation enumerating the subjects of admiralty jurisdiction. For reasons of practicality, the 1989 Constitution does not set out detailed, substantive provisions. It appears to grant admiralty jurisdiction exclusively to the federal High Court but, until it takes effect, the current position is that the federal and state High Courts have concurrent jurisdiction in admiralty matters. This paper examines the competing arguments and the future direction of admiralty jurisdiction in Nigeria.
(a) Reception framework
The Colonial Courts of Admiralty Act 1890, a United Kingdom enactment which applied directly to Nigeria,3 provided for the establishment of Courts of Admiralty broadly vested with the same admiralty jurisdiction as the High Court in England.4 Although the Act empowered the Colonial legislature to declare any court of unlimited civil jurisdiction (original or appellate) to be a Colonial Court of Admiralty,5 it was not until 1909 and 1910 that the respective Supreme Courts6 of the Protectorate of Northern Nigeria and the Colony and Protectorate of Southern Nigeria became Colonial Courts of Admiralty7 by the terms of the Colonial Courts of Admiralty Act 1890, s. 12. The Protectorates were amalgamated in 1914, and admiralty jurisdiction was not immediately conferred on the new Supreme Court for the Colony and Protectorate of Nigeria8 until 1928.9 In 1954, Nigeria ceased to
* Niger Link Consulting Associates, London.
1. SS. 249 and 255. The 1989 Constitution is set out in the First Schedule of the Constitution of the Federal Republic of Nigeria Act, Cap. 63.
2. Federal High Court Act, No. 13 of 1973, now revised as Cap. 134.
3. S. 16(1).
4. SS. 2(1) and 2(2).
5. S. 3(a).
6. Cf. Supreme Court Proclamation, No. 6 of 1900 (Southern Nigeria); Supreme Court Proclamation, No. 6 of 1902 (Northern Nigeria).
7. Northern Nigeria Admiralty Jurisdiction Order 1909; Southern Nigeria Admiralty Jurisdiction Order 1910.
8. See Laws of Nigeria 1923, Supreme Court Ordinance, No. 6 of 1914, Cap. 3.
9. By the Nigeria Protectorate Admiralty Jurisdiction Order 1928. See also Laws of Nigeria 1948, Supreme Court Ordinance, Cap. 211, s. 11.
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