DELINEATING JURISDICTIONAL INDICATORS OF MARITIME CLAIMS IN NIGERIA: THE CASE OF UNPAID CREW WAGES OF THE VESSEL MT SAM PURPOSE (EX MT TAPTI)

Abstract

Comments have trailed the recent judicial pronouncement of the Lagos State division of the Nigerian Court of Appeal delivered on 5th March 2021, as it relates to the jurisdictional powers of the National Industrial Court and the Federal High Court when the crux of an action borders on unpaid wages of crew members. The decision reached by the Nigerian appellate court is to the effect that notwithstanding the admiralty jurisdiction conferred on the Federal High Court to entertain maritime claims to the exclusion of other courts by the Nigerian constitution and various statutes in Nigeria, the National Industrial Court has an exclusive jurisdiction to entertain any matter pertaining to unpaid wages of a crew member. Taking into account the difference of opinions created by this decision of the Court of Appeal amongst legal practitioners and legal scholars, the object of this work is to critically appraise the jurisdictional powers of both courts as it relates to unpaid crew wages. This work will also proffer possible solutions to this legal imbroglio caused by the constitutional amendment via the introduction of section 254C of the 1999 Constitution.