A maritime expert, Dr. Emeka Akabogu, has urged judges to appreciate the Admiralty Jurisdiction Act that confers jurisdiction on the Federal High Court to determine admiralty claims.

These are claims that arise from the carriage of goods by sea and all other aspects relating to maritime.

Akabogu lamented that more often than not when claims arise and are filed at the Federal High Court, they are truncated due to wrong application or appreciation of admiralty jurisdiction issues.

He said that claim issues are usually successful at the Federal High Court and then when the claim is appealed at the Court of Appeal or the Supreme Court, the court will come up with the position that the Federal High Court does not have jurisdiction in the first place.

Akabogu said the appellate court often suggests that the jurisdiction of the Federal High Court should end when the cargo is discharged from the vessels but unfortunately such a decision 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.
Akabogu, while speaking to journalists, 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.

‘’It will enable them to make better decisions that will impact on a free flow of goods, quick vessel turnaround, trade facilitation and better business enablement at the ports as lots of port congestion and associated constraints arise from people who have rights, which have been breached but cannot be fully ventilated at that point.

He further lamented that 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 and 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 any more, leading to congestion.”

The maritime expert stated that these are some of the claims that Nigerians need to have adjudicated, to enhance business at the ports.

He said if the court says 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 had been discharged from the vessel will have their rights extinguished.

He pointed out that the same thing has happened to those who have losses occurring in the course of carriage to deliver to the consignee or in their warehouses or similar other things. Continuous enlightenment is necessary to resolve this challenge”