At the maiden global maritime business conference organized by Zoe Maritime Resources Limited in Lagos, a consensus was reached by notable panelists that there was a dire need for the creation of maritime courts in Nigeria.
During the 2-day event which held last week, the Vice President, Nigerian Maritime Law Association, Chidi Ilogu (SAN), Principal Partner, Dorothy Ufot & Company, Dorothy Ufot (SAN), Hon. Justice Idris of the Federal High Court and the Convener, Mrs. Oritsematosan Edodo-Emore advocated for the establishment of maritime courts in order to ensure speedy and efficient delivery of maritime related cases.
Chidi Ilogu (SAN) initiated this appeal while delivering a paper titled, “the Scope and Development of Maritime Jurispudence in Nigeria”.
According to Chidi Ilogu (SAN), Nigerian courts have attracted a lot of displeasure with regards admiralty because admiralty principles are being subjected to sheriff and civil process law.
The veteran maritime lawyer highlighted this as one of the reasons why many stakeholders have called for the creation of specific maritime courts.
Ilogu also stated that the cost of maintaining an arrest of a vessel has also become a major issue.
“Someone who arrests a vessel must make provision to maintain the vessel. Admiralty matters call for expediency but most times the courts are not able to give admiralty matters special attention because they have several cases such as taxation and other cases.
“In other jurisdictions, admiralty matters don’t take longer than two or three months except they are special cases and in such cases they are specialized courts” he said.
However, Hon. Justice Idris of the Federal High Court who was representing the Chief Judge of the Federal High Court of Nigeria, Hon. Justice. Auta agreed that specialized maritime judges would have a greater understanding of issues but he also highlighted some disadvantages of establishing specialized courts as he asserted that it could take away money and resources meant for the general court system.
According to Justice Idris, “specialized courts could encourage special interest groups to take an undue interest in influencing court decisions and it could separate defendants into tiers, such as “good” and “bad” defendants”.
Meanwhile, the convener Mrs. Oritsematosan Edodo-Emore added that the creation of maritime courts would lead to a quick dispensation of justice because maritime activities are capital intensive.
“Maritime court would lead to speedy dispensation of justice because when a vessel is arrested, it has to be released quickly so that it could continue its business.
“At the same time, one has to consider the cost of establishing maritime courts because it has to be funded. Does the government have the resources? If the answer is no, then the government could ensure that within the present court system, they create maritime divisions and assign maritime judges so that things can move on speedily”
She stressed that the aim of the conference and exhibition was to attract foreign direct investment into the maritime industry in the West and Central African Sub region and for her company to play a role in promoting the nation to attaining the hub status of maritime activities in the Sub region.
