At a recent maritime seminar held in the country, the main objective was how to equip judges with basic contemporary skills, knowledge of the complex and dynamics of admiralty Law and practices as they affect administration of justice. KEHINDE OSASONA revisits the dialogue.
Maritime Industry and the myriads of challenges
For some time now, some stakeholders in the maritime sector have severally expressed displeasure over the state of affairs in the industry. Their grouse is that it has, over the years, experienced stunted growth.
Some of these challenges according to them range from policy somersault, maladministration and defects that have seriously affected our economy and prevented Nigeria from becoming a key player in the global shipping business with little action on the part of government.
While describing the nation’s maritime industry as being in a state of suspended animation after 59 years of independence, a Maritime lawyer, Mr. Emeka Akabogu, decried the level of decay in infrastructure, which he noted would have been dead if not for the port concession programme.
According to him, “The Nigerian maritime industry is a bundle of contradiction after 59 years; somewhat in a state of suspended animation. He observed that while some parts of the industry are highly sophisticated and up-to-date, particularly in maritime law, others have remained frozen in time and stuck in a rut.
Also speaking, the President, National Council of Managing Directors of Licensed Customs Agents (NCMDLCA), Mr. Lucky Amiwero, said a major setback for the maritime sector was the policy inconsistencies of the Federal Government.
“The maritime sector has gone so bad with many challenges ranging from policy somersault, maladministration and defects that have seriously affected our economy.
“One of the driving forces to generate wealth in the industry is captured on the Cabotage, Local Content and the NIMASA Acts. But since the Cabotage Act was enacted in 2003, nobody has benefitted from it.
“The auto policy has also affected our transport sector. Why did the government have to wait this long to cancel the policy? When other countries are building their transport sector, we are busy increasing tariffs on vehicles. Our tariff is the highest in the world.
“We don’t have that anywhere in the world. Our transport sector has experienced a decay and up till now, we don’t have scanners at the port,” he said.
Mr. Amiwero blamed the government for lack of development in the sector, stating that recommendations by stakeholders on how to move the sector forward have often been neglected by the government.
Maritime laws, international treaties: A tie-back
While he was speaking as a special guest of honour at a maritime workshop in 2018, the then Chief Justice of Nigeria, Justice Walter Onnoghen had counseled judges, stakeholders’ and other participants from Sierra-Leone, Ghana and Gambia that the adjudicatory duty of a judicial officer can only be performed optimally when he remains up to date with emerging trends in jurisprudence pertaining to this specialized area of the law,”
Onnoghen who lauded the applicability of International Treaties to Nigerian Laws, described the infusion of International Admiralty Laws into Nigerian legal framework as a welcome development.
He said, “As contained in the United Nations Conventions on Carriage of Goods by Sea (Ratification and Enforcement Act); Merchant Shipping Act; the Council for the Regulation of freight Forwarding in Nigeria Act among others, are significant milestones towards ground-breaking legal practice in this sector in Nigeria.
“The inclusion of the topic on Draft Convention on Recognition of Foreign Judicial Sales of Ships would enhance the need to effectively secure maritime claims and enforce foreign judgment and arbitration of awards or other enforceable documents against ship owners,”
Revisiting maritime disputes and matters arising
On his part, the Attorney-General of the Federation and Minister of Justice, Abubakar Malami was quoted as having said a series of seminars organized in the past had maintained the high quality standard.
“This annual seminar has proved to be a very successful initiative within the context of the efforts by the National Judicial Council and other stakeholders.
“I was impressed that the Nigerian Shippers Council has interpreted its statutory role in a broad manner that recognizes the role the judiciary can play in ensuring a safe maritime sector that is regulated in a fair manner.
“Not only that, the training of our judges and legal practitioners in specialized fields of legal practice, such as maritime Law would enhance competence to adjudicate in maritime disputes in a fair and effective manner.
“I am convinced that this seminar will achieve the purpose for which it has been convened and will help the scope of our jurisprudence in this field, as was the case with the previous editions.
“It would also help in addressing the key issues that can make our ports the most attractive destinations for importers and exporters within the West African sub-region,” he said.
Speaking in the same view, the Administrator, National Judicial Institute (NJI), Justice Rosaline Patricia Bozimo noted that the seminar offered the opportunity for Judges to interact with stakeholders on contemporary issues regarding shipping, international trade and other related matters with a view to imbibing international best practices.
According to Justice Bozimo, the seminar largely achieved its objectives, as the jurisprudential landmark of Nigerian admiralty law had developed by way of copious case laws and legislative enactments, all courtesy of the successes of the seminar over the years.
“This is in addition to the overall objectives of improving the standard of maritime law practice as well as equipping judges with necessary tools to dispense justice efficiently,” she said.
In his own address, the Chairman Governing Board of Nigerian Shipper’s Council, Hon. Mai Mala Buni reiterated the strategic links between maritime law and the economic development of various countries, saying it cannot be overemphasized.
Buni noted further; “In Nigeria, the importance of the maritime sector to the nation’s economy, especially at this time of recession and drastic fall in oil prices, cannot be overstated.
Being one of the highest revenue generation sectors after the oil, the maritime sectors need to be given adequate attention in order to be well placed to cushion the adverse effect of the drastic fall in oil prices.”
Explaining further, he said, “Our judges need to be well-informed about contemporary developments and issues in the industry, to enable them deal effectively with such issues and developments,” he noted.
And the crave for synergy
Meanwhile, in their goodwill messages, Justices from other West African countries emphasized the need for synergy and more cooperation within the sub-region.
In his words, Justice of the Ghana Supreme Court, Justice Nasiru Sule Nana Gbadegbe, observed that the seminar series had produced immense benefits for his home country, Ghana.
He said: “This seminar affords us the opportunity to share knowledge and experiences in managing maritime industry issues. No doubt, my team and I would go with new ideas that would add value to Ghana’s maritime industry.
Toeing the same line, Justice of the Supreme Court in Sierra Leone, Abdulhamid Charm said, “We are honored to be invited to participate and broaden our knowledge on maritime law and how we can effectively deal with maritime legal issues when they arise.”
“Law is dynamic and it’s critical, we continue to update our knowledge if we must be efficient. Thus, we will go home with a better understanding of maritime law,” he said.
But for the Chief Justice of the Gambia, Justice Hassan Jallow, he re-emphasized the need for Nigeria and Gambia to work together to achieve more synergy, saying they shared similar experiences in the legal system.
The take-aways
During the brainstorming session, strategies that got participants acquainted with the dynamic nature of the sector was created, and comprehensively discussed as a way of enhancing disputes resolutions arising in the admiralty sector of the economy.
Not only that, emphasis was made intermittently on the need for expeditious resolution of maritime cases using the Conciliation and Mediation mechanisms.
Stakeholders at the seminar maintain that in order to enhance the sanctity of national maritime space, all agencies and institutions charged with diverse responsibility should play their roles to boost the maritime landscape and its survival.
