Procedure where ship sold under certificate of sale granted in nigeria. Pdf free download and also related files, click link below to download. Ship arrest recent developments in nigerian arrest law1 introduction this paper considers the recent developments in nigerian ship arrest law the admiralty jurisdiction procedure rules ajpr 2011 for the federal high court of nigeria fhc, and its effect on ship arrest practice. Magistrates courts act 32 of 1944 south african government. Legislations relevant to the jurisdiction of the federal. Download admiralty notices to mariners for free or purchase as weekly bulletins from your admiralty chart agent. The moneylenders act 1900 was enacted as the result of the report of a house of commons select committee on money lending which revealed the existence of serious. The federal military government hereby decrees as follows.
Admiralty and maritime law federal judicial center. Admiralty jurisdiction under the 1990 nigerian constitution. Constitution of the federal republic of nigeria wipo. English law in nigeria is derived from the colonial nigeria, while. Innovation or incongruity under the admiralty jurisdiction act 1991. Saving for cases of ships other than nigerian ships. The court of appeal rules, 2011 in exercise of the powers conferred on me by section 248 of the constitution of the federal republic nigeria, 1999, and by virtue of all powers enabling me in that behalf, i, isa ayo salami ofr president, court of appeal, hereby make the following rules. Savings for cases of ships other than nigerian ships. Sections 12, 9, 12, 28, 19 and 46 amended by jurisdiction of regional courts amendment act 31 of 2008.
Pdf admiralty jurisdiction under the 1990 nigerian. Jurisdiction, statute of limitation, immunity clause section 308. Constitution, judges, osjicers, their salaries, the seal and osjices of the supreme court 4. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. Nigerias appellate courts, arbitration and extralegal. Act 1854, is parallel to an in rem action in that the defendant. Interpretation part ii constitution, jurisdiction and general powers of the court 3.
Download administration of criminal justice law of lagos. Nigeria s source of admiralty jurisdiction is traceable to the colonial courts of admiralty act 1890. Federal republic of nigeria respondent lead judgment delivered by ugochukwu anthony ogakwu, j. 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. Nigeria has its own constitution which was established on 29 may 1999. Administration of criminal justice act nigerian law. Money lending law and regulation of consumer credit in nigeria 199 first moneylenders act in 1900.
A structured guide to laws covering the carriage of goods by sea in nigeria. In exercise of the powers conferred on me by section 21 of the admiralty jurisdiction decree 1991 and of all other power enabling me in that behalf, i, muhammad babatunde belgore, chief judge of the federal high court, hereby make the following rules. The court of appeal act, 2016 arrangement of sections part i preliminary provisions section 1. Olawoyin and others published admiralty jurisdiction in the federal courts of nigeria. The court therefore restricted the mandatory duty under section 4, cap a. These rules may be cited as the admiralty jurisdiction procedure rules. That statement is altruism in the area of maritime law and practice. Section 89 and schedule 2 amended by criminal law sexual offences and related. The constitution of nigeria is the supreme law of the country. Corporations cannot be sovereign governments as they are fictions they are defined by words on a piece of paper they do not exist in the real world the following is a compilation of work by judge dale, retired, attorneyauthor. Pecuniary jurisdiction save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any court jurisdiction over suits the amount or value of the subjectmatter of which exceeds. The judicature supreme court act arrangement of sections preliminary 1. These rules shall apply to every admiralty cause or matter brought in the court. In most admiralty jurisdictions including nigeria, when a vessel owner or a vessel agent commits a wrong that falls within what is called a maritime claim, one of the ways to address such wrong is to arrest the ship while it is within the.
In these rules, unless the context otherwise requires admiralty shall bear the same meaning as in the admiralty jurisdiction act 1991. With two exceptions, the few instances where congress has expressly. 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. Court of appeal act no 7 of 2016 national assembly. Lawyard is conceived as a onestop spot for social interaction and engagement built around the learning of law, enlightenment about laws, rights and duties of citizen. Certificate of licence required by all ships trading in nigeria.
Effects of admiralty jurisdiction act on federal, state high courts. A commentary on the 1952 and 1999 arrest conventions. Admiralty jurisdiction procedure rules 1993 nigerialaw. The latest safety critical navigational information available as weekly updates. An act to provide for the construction and interpretation of acts of the national assembly and certain other instruments. 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. Pdf jurisdiction of courts in nigeria researchgate. 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.
Admiralty jurisdiction act nigerian law intellectual. The law of nigeria consists of courts, offences, and various types of laws. Admiralty jurisdiction procedure rules 2011 akabogu. Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. In nigeria, we also adopt the provisions of our merchant shipping act, 2007, which repeals the very old legislation of 1886 i. This update discusses the main provisions of the new rules. An appraisal of the features of admiralty jurisdiction under maritime law. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding.
Latest nigerian supreme court cases powered by legalpedia. An act to consolidate the laws relating to admiralty jurisdiction, legal. Administration of criminal justice act clause arrangement of clauses part 1 preliminary 1 purpose of this act. Jurisdiction and procedure in admiralty and maritime. Lawnigeria nigerian legal resources, intelligence and. Admiralty and maritime law 2 no federal statute provides general rules for determining admiralty jurisdiction. No statute comprehensively enumerates the various categories of cases that fall within admiralty jurisdiction. It is multisegment free access center for intelligence and instruments relating to nigeria s legal and policy circuit. 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. Moneylending 5 5 nothing in this section shall be construed as derogating from the existing powers or jurisdiction of any court.
Other applicable laws are the admiralty jurisdiction act, 1991, and the admiralty jurisdiction procedures rules 2011. Statute of limitation latest nigerian supreme court cases. The main objectives of the new rules are to adapt to the current needs of the shipping industry and to align with modern shipping practices around the world. Posts about statute of limitation written by easylawonline. The new admiralty jurisdiction procedure rules recently came into force, repealing the previous rules of 1993. Constitution of the federal republic of nigeria, 1999.
Effects of admiralty jurisdiction act on federal, state. Admiralty jurisdiction act chapter a5 laws of the federation of nigeria 1 extent of the admiralty jurisdiction of the federal high court. The philosophy underlying its enactment has been expressed thus. Section 18 of the admiralty jurisdiction act has an omnibus. Pdf admiralty jurisdiction in the federal courts of nigeria.
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