AN APPRAISAL OF LEGAL AND INSTITUTIONAL FRAMEWORK ON MARITIME LAW IN NIGERIA

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TABLE OF CASES
Page
Andrea Ursula (1971) Lloyd’s Report 145 – – – – – – -74
Anglo-Norwegian vs Fisheries (1951) Lloyd’s Report 184 – – – – -14
Congreso del Partiodo (1977) Lloyd’s Report 536 – – – – – -74
FHC/L/CS/1270/13 unreported – – – – – – – -80

Inspector General of Police vs. M.V. Jozina (1967) Charge No. A/1462/67 (Vol.A67/2/2)-

King vs King (1735) P.WMS – – – – – – – – -76
M vs S. Araz (1996) 5 NWLR Pt. 447 – – – – – – -74
Oteri vs The Queen (1977)1 Lloyd’s Report 105 – – – – – -79
Polmaz Limited vs Nigerian National Petroleum Corporation and Ors
Re Louis (1897) 2 Podds, 210- – – – – – – – -97
The Aventicum (1979)1 Lloyd’s Report 184 – – – – – – -74
The Banco (1971) 1 All ER 525 at 531- – – – – – – -41
The Bineta (1966)2 Lloyd’s Report 419 – – – – – – -80
The Chaparral (1968) 2 Lloyds Rep. 158 at 162– – – – – – -27
The Virginus (1873) Moore Digest 11, P.895- – – – – – -89

TABLE OF STATUTES
Page
Admiralty Jurisdiction Act 1991 – – – – – – – -59
Associated Gas Re-Injection Act, Cap. 26 LFN, 1990- – – – – -119
Coastal and Inland Shipping (Cabotage) Act, 2003 – – – – – -69
Environmental Impact Assessment Act, No.86, 1992- – – – – -119
Exclusive Economic Zone Act Cap. 116 Law of Federation of Nigeria, 1990 – -65
Geneva Convention on Fishing and Conservation of Living Resources of 1966 – -65
Geneva Convention on the Continental Shelf of 1964 – – – – -65
Geneva Convention on the High Sea 1958 – – – – – – -65
Geneva Convention on the Territorial Sea and Contiguous Zone 1965 – – -15
Harmful Waste Act, Cap. 165 LFN, 1990- – – – – – – -119
International Ship and Port Facility Security Code of 2002 – – – – -103
Merchant Shipping Act Cap 224 Law of Federation of Nigeria, 1990 – – -100
Merchant Shipping Loadline Act, 1969- – – – – – – -52
Nigerian Maritime and Administration and Safety Agency Act, 2007 – – -61
National Shipping Policy Act Cap. 297 Law of Federation of Nigeria,1990 – – -77
Nigerian Shippers Council Act, 1978, now Cap. 327, 1990- – – – – -82
Oil in Navigable Waters Act Cap 337 Law of Federation of Nigeria, 1990 – – -65
Oil Terminal Dues Act Cap 339 Law of Federation of Nigeria, 1990 – – -65
Offshore Oil Revenues Registration of Grant Act Cap 336 LFN 1990 – – -65
Petroleum Act Cap. 350 Law of Federation of Nigeria, 1990 – – – -15
Pre-Shipment Inspection of Imports Act, 1976 amended 1984, now Cap. 363, 1990- -60

Page
Protocol on Compulsory Settlement of Disputes 1962 – – – – -102
Resolution 584 of 1986 of International Maritime Organization – – – -102
Resolution 1 of 16/6/1999 International Maritime Organization – – – -102
Resolution 1373 International Maritime Organization – – – – -102
Resolution A 924 (22) of International Maritime Organization 11, 2001 – – -103
The Hague Convention on the Choice of Court- – – – – – -119
The Piers Act – – – – – – – – – – -52
Territorial Waters Act Cap. 428 Law of Federation of Nigeria, 1990 – – -65
Territorial Waters Jurisdiction Act 1878 – – – – – – -64
Sea Fisheries Act, 1971- – – – – – – – – -52
Sea Fisheries Decree No.71, 1992- – – – – – – – -119
Supreme Court Act, 1981- – – – – – – – – -54
United Nations Convention on the Law of the Sea 1982 – – – – -33

ABBREVIATIONS
AJA – Admiralty Jurisdiction Act
CS – Continental Shelf
C-Z – Contiguous Zone
EEZ – Exclusive Economic Zone
EU – European Union
ECOWAS – Economic Community of West African States
FD&D – Freight Demurrage and Defence
FOC – Flag of Convenience
GATS – General Agreement on Trade In Services
ICJ – International Court of Justice
IMF – International Monetary Fund
ILO – International Labour Organization
IMCO – Intergovernmental Maritime Consultative
Organization
IMO – International Maritime Organization
ISA – International Seabed Authority
ISO – International Standard Organization
ISPS – International Ship and Port Facility Security
ISSC – International Ship Security Certificate
ITLOS – International Tribunal for the Law of the Sea
LOS – Law of the Sea
MAN – Maritime Academy of Nigeria
MOWCA – Maritime Organization for West and Central Africa

MASECA – Maritime Security Agency
MSA – Merchant Shipping Act
MSY – Maximum Sustainable Yield
MSC – Merchant Ship Council
NIEO – New International Economic Order
NIMASA – Nigerian Maritime and Administration and Security Agency
NIOMR – Nigeria Institute for Oceanography and Marine Research
NGMTS – Negotiating Group on Maritime Transport Services
NMA – National Maritime Authority
PCIJ – Permanent Court of International Justice
PICMSS – Presidential Implementation Committee on Maritime
Safety and Security
P&I – Protection and Indemnity
SOLAS – Safety of Life At Sea
STCW – Standard Training, Certification and Watch keeping for Seafarers
TS – Terrestrial Sea
UK – United Kingdom
UNCLOS – United Nations Convention on the Law of the Sea
UN – United Nations
UNCITRAL – United Nations Commission on International Trade Law
UNCTAD – United Nations Conference on Trade and Development
US – United States
USA – United State of America
WTO – World Trade Organisation –

ABSTRACT

Nigeria has a land area of 923,768.64 square kilometers, with a coastline of over 823 kilometres and navigable inland waterways of about 4,000 kilometres. These confer on Nigeria great potentials. To what extent these potentials have been tapped for productivity and nation building would be appraised considering the attendant issues and challenges faced by the co-ordinating and regulating bodies. The research discusses the development of maritime industry in Nigeria with focus towards development, structural formation, legal and institutional framework, capacity building and cabotage and the role of the Nigerian Maritime and Administration and Security Agency (NIMASA). It also examines some challenges faced by cor-ordinating and regulating bodies such as enforcement policies as well as issues attendant in the industry are discussed briefly. Again, it takes a look at the United Nations Convention on the Law of the Sea (UNCLOS), which provides the foundation for an effective regional maritime regime. However, this large and complex convention is not without its limitations. There are many examples of apparent non-compliance with its norms and principles. The root causes of these problems as discussed by this research lies in basic conflicts of interest between countries on the law of the sea issues, the built-in ambiguity of UNCLOS in several regimes, and the geographical complexity of the coastal and landlocked regions in particular. The research posits that the law of the seas, maritime, etc. between countries should be harmonized to avoid conflicts of laws that often affect the maritime industries generally.