In this report, VIVIAN OKEJEME gives an insight into the biennial maritime conference for judges in West and Central Africa with a view to update Judges on contemporary issues on admiralty law.
In a country like Nigeria that is bedeviled with insecurity, particularly the resurgence of attacks on oil facilities in the Niger Delta region, the search for static security in the law elsewhere is misguided. The truth is that security can only be achieved through constant change, by dropping old ideas that have outlived their usefulness and adopting current facts. With proper focus on the laws, cases of armed robbery and piracy at sea will be tackled.
The Nigeria’s Shippers Council (NSC) as its part of corporate responsibility annually organises seminar on maritime for Nigerian judges in Admiralty Law practice to update them on new developments in this area. The 2016 maritime seminar for Judges would be attended by Chief Justices of Ghana, Sierra-Leone and Gambia.
The maritime laws also known as admiralty law is legal framework regulating the carriage of person and goods by sea will form the topic of discussion at this year’s biennial Maritime conference for judges in West and Central Africa.
In the Black’s Law Dictionary 7th Edition at page 982, Maritime law is defined as “the body of law governing marine commence and navigation, the transportation at sea of persons and property, and marine affairs in general; the rules governing contract, tort, and workers’ – compensation claims arising out of commerce on or over water.”
An English lawyer, John Dodderidge, once quipped that “the law is like apparel, which alters with the time”. This remark by the jurist who was later appointed Justice of the King’s Bench in 1612 briefly emphasis why the Nigeria’s Shippers Council (NSC) annually organises maritime seminar for Nigerian judges in Admiralty Law practice. Its essence is to update the laws on new developments in this area.
The Council’s trend in bringing judges together to exchange ideas on maritime laws was hatched in 1995 as part of its corporate responsibility. At the heart of it all is the need for team spirit. The idea is stemmed from the thinking that it is the spirit and not the form of law that keeps justice alive. But essentially, good laws enable sustainable maritime development, which supports improved and sustainable economic development.
This explains how the country benefits from the seminar for judges.
For maritime laws to be good as such, obsolete ones that have been hindering and creating bottlenecks in the country’s trade facilitation must be updated. Another intention was also to help in resolving and untying some legal issues that are of international dimension while enriching Nigeria’s maritime laws.
More so, international conventions, protocols and treaties affect and influence Nigeria’s domestic maritime trade a lot. If stakeholders in the country must talk about international domain, they must first of all talk of a Nigeria that is for the unification of maritime laws. If maritime trade is international, then its laws have to be unified. There can’t be different countries operating different legal regimes.
This is why the seminar also negotiates among countries about the laws, trade or carriage conventions that are appropriate tools for Nigeria’s nature. Besides, domesticating international maritime laws is a serious responsibility which provides every maritime stakeholder a code of conduct so as not to fall into unlawful practices. It accelerates and facilitates international trade as, Nigeria being a member of World Trade Organisation, such laws help to guide the country’s international business environment.
This year’s seminar for judges is expected to expose judges of the superior courts of records to recent developments in International Maritime Law, with presentation of papers on topics such as piracy, armed robbery at sea and maritime boundaries in Nigeria, issues on lay time and demurrage, introduction to maritime law and admiralty jurisdiction, and maritime insurance in relation to oil and gas carriage.
Latest statistics show that about 4,000 judges had benefited from various courses and seminars organised by the council on admiralty laws in Nigeria. For 14 years, the council had been educating judges on admiralty laws by organising the Annual Maritime Seminar for Judges.
Stressing why judges and legal practitioners need to be equipped with knowledge in maritime laws, the Chief Justice of the Federation (CJN) and Minister of Justice, Mahmud Mohammed, had also expressed the view that shipping laws be introduced in law schools in the country.
The Executive Secretary, Nigerian Shippers’ Council, Mr. Hassan Bello, substantiate the CJN’s position and how the seminar has been able to address the challenge of not teaching maritime laws in schools.
He pointed out that the training of judges on the laws applicable in shipping is technical, complex, expensive and not taught in universities and schools.
Bello further stated that some judges had no background of the laws, adding that since the inception of the seminar, judges had been able to dispense admiralty cases on time.
The executive secretary said that judges had learnt a lot on the laws, stating, “Maritime cases were decided in good time and qualities of judgments were internationally acknowledged. The seminar also influenced legislation on admiralty law which were backed up by international law and unified. We have had the Carriage of Goods by Sea (Hamburg Rules) being domesticated and there had been some changes in the Merchant Shipping Act.”
Highlighting the importance of this year’s seminar, Bello said there are lots of contemporaneous issues that have come up which judges must know. He noted that the essence of the seminar is to update the knowledge of our judges on contemporary issues in admiralty law, so that they will be conversant with the law.
“When we have an investor, he will look at how quick our judges will determine or resolve commercial disputes when they arise. What they will do in this very complex issue of admiralty law. Because of the training the judges have received through this seminar, Nigerian judgments are now very well respected internationally and I think that we have achieved that purpose.
“But the idea is that we are always bringing new challenges to the judges and I’m sure that everybody has acknowledged that this seminar is not just a talk shop, it is a seminar that has influenced policy, it is a seminar that has influenced law and it is also a seminar that is made for the domestication of international conventions,” he said.
In addition, he also revealed what would make this year’s seminar unique noting, “In this edition of the seminar, we have a lot of issues to discuss. As usual we start with introduction to maritime law, admiralty jurisdictions for new judges of Federal High Court.
We also have electronic evidence in admiralty practice which is a very novel issue in e-commerce.
“We want to see how e- commerce is jumping more than legislation and how we have to adjudicate on this. We have a Senior Advocate of Nigeria, Mr. Olumide Shofowora, who would speak on this. We also have a topic on addressing African Cyber challenges which will be discussed by the Commissioner, African Maritime Safety and Security Agency. We have the role of the Council as a port economic regulator,” he concluded.
