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ARTICLE · 28 OCTOBER 2011

Ship Arrest - Recent Developments In Nigerian Arrest Law

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.

NigeriaTransport
Ade Afun
Ade Afun

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.

The new AJPR 2011 (the New Rules) was made by the Chief Judge of the FHC (CJF)1 on 1st March 2011 and came into force on 14th March 2011. This is pursuant to section 254 of the Constitution of the Federal Republic of Nigeria 19992 and section 21 of the Admiralty Jurisdiction Act (AJA) 19913 which empower the CJF to make rules of practice and procedure for the FHC and to carry into effect the objects of the AJA. Together, the AJA and the AJPR govern admiralty matters in Nigeria, with the FHC as the court of first instance. The admiralty jurisdiction of the FHC is well stated in the AJA4, whilst the AJPR provides the procedure for the exercise of its jurisdiction. Appeals from the FHC lie to the Court of Appeal and the Supreme Court.

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