14th MARITIME SEMINAR FOR JUDGES HELD AT THE SHERATON HOTEL AND TOWERS, ABUJA
TUESDAY 31st May – WEDNESDAY 1st JUNE 2016
COMMUNIQUE
INTRODUCTION
The 14thBiennial Maritime Seminar for Judgesorganised by the Nigerian Shippers’ Council under the auspices of the Federal Ministry of Transport, in collaboration with the National Judicial Institute and with the invaluable support of the Nigerian Maritime Law Association was successfully held on Tuesday 31st May andWednesday 1stJune 2016 at the Abuja Sheraton Hotel and Towers. The seminar has retained its primary objective of updating the knowledge base of the Justices/Judges of superior courts in Nigeria and the West African Sub-Region constitutionally vested with original and appellate admiralty jurisdiction in order to adequately prepare them to face the challenges of interpretation and application of both domestic and international law on maritime issues.
WHEREAS:
The significance of the seminar is underscored by its provision of a forum for Judges, Maritime Law Practitioners, Marine Underwriters, Law Lecturers, Transport and Logistics Experts, other Industry Stakeholders across the country and beyond, to come together to discuss, digest, brainstorm and exchange ideas on evolving industry topical issues, with a view to imbibing International best standards and practices;
WHEREAS:
The aim of the seminar is centred on the need to identify, highlight and remedy challenges in some of the areas of the nation’s strategic economic interests in Admiralty Law and Practice; Electronic evidence, Maritime cyber challenges and Legal responsibilities of operators in the ports.
Incisive presentations and thought provoking commentaries were made on the following topics:
1. Introduction to Maritime Law andAdmiralty Jurisdiction.
(a) Electronic Evidence in Admiralty Practice
(b) Electronic Evidence in Admiralty Practice – Banking
Perspective
2. Addressing African Maritime Cyber Challenges.
3. Legal Responsibilities of Operators inthe Ports (NPA, Terminal Operators, Shipping Agencies and Freight Forwarders).
4. The Role of Nigerian Shippers Council (NSC) in the maritime industry and transportation.
At the end of the paper presentations and commentaries, the following RESOLUTIONSwere adopted:
1. There is need to harmonize existing domestic maritime laws to avoid duplicity of functions among government Agencies.
2. The Supreme Court should the occasion arise reconsider its decision in the case of M/V ARABELLA Vs. NIGERIA AGRICULTURAL INSURANCE CORPORATION (2006) 10 NSC,608,SC in the light of recent developments in the law.
3. There is need for a holistic review of the ADMIRALTY JURISDICTION PROCEDURE RULES 2011.
4. There is need to establish an Admiralty Division in the Federal High Court.
5. That it is pertinent to review our Evidence Act on electronic evidence and further consider the enactment of an Information Technology Act similar to the Indian Information Technology Act 2010.
6. That the establishment of an Electronic registry (E-Registry) where security granted with respect to electronic documents can be registered and recorded is highly recommended.
7. That it is imperative to review the Cyber Crime Prohibition Act 2015 to address existing lacunae particularly the inadequate punitive measures.
8. That in view of the very obvious threat to maritime security there is an urgent need for a National Policy on cyber security.
9. That there is need to develop specific cyber security guidelines for the Maritime industry.
10. That there should be communication channel where information can be provided by experts to update Nigeria on concerns that are looming on the horizon with regards to maritime cyber crime
11. That there is a strong need for Stakeholders in the Maritime industry to educate staff/employees on cyber security.
12. That in order to eliminate the risk of cyber-attack on the maritime industry, there is need to synergise with partners knowledgeable in the risk landscape and set up security of the supply chain through continuous digital monitoring.
13. That the Federal Government of Nigeria should as a matter of urgency consider the enactment of the Ports and Harbour Authority Act
14. That the Nigerian Government should factor independent power providers into renewals of the concession/lease at the Nigerian ports to solve the power problems.
15. That adequate measures should be put in place to sanitise the freight forwarding and the customs brokerage business in Nigeria ports.
16. That the Nigerian Shippers’ Council should take steps to initiate legislations to cover liability of terminal operators for loss, damage or delay to cargo using the frame work under the United Nations Convention on Liability of Terminal Operators 1991.
17. In consideration of the NTC Bill before the National Assembly, regards must be made to the history on legal functions and legal contents of NSC.
18. In view of the strategic importance of Admiralty law in Nigeria, the National University Commission should review its law curriculum to include teaching of the Admiralty law in Nigerian universities at the undergraduate level.
ADOPTED THIS 1ST DAY OF JUNE 2016
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