THE NEGATIVE IMPLICATIONS OF THE NON-AVAILABILITY OF THE ADMIRALTY INTERIM RELIEF OF ARREST OF SHIPS IN THE ADJUDICATION OVER MARITIME LABOUR CLAIMS IN NIGERIA

Abstract

This article looks at the negative implications of the non-availability of the admiralty interim relief of arrest ofships in the adjudication over maritime labour claims in Nigeria. The significance of the article is that it laysbare the negative implications of the National Industrial Court to adjudicate over maritime labour claims. BySection 245C of the Constitution it is the National Industrial Court of Nigeria that has exclusive jurisdictionover all labour claims. The fact that the National Industrial Court of Nigeria has exclusive jurisdiction overmaritime labour claims has been given judicial credence. This article would at the end of the day give answer totwo fundamental questions: (i) whether the interim admiralty relief of arrest of ship is available to maritimelabour claimant in Nigeria. If answer is in the negative; (ii) whether there are negative implications to this. It isthe contention herein that the existing legal frame work for adjudication over maritime labour claims does notmeet the ends of justice as such the National Industrial Court of Nigeria be robbed of jurisdiction to adjudicateover maritime labour claims and the jurisdiction given to the Federal High Court; in the alternative, theNational Industrial Court of Nigeria should have the jurisdiction of arrest of ships in respect of maritime labourclaims.