ANALYSIS OF THE PRACTICES AND THE ENFORCEMENT PROCEDURES IN ARREST OF SHIPS IN NIGERIA

Abstract

This research delves into the implementation of ship arrest, with a special emphasis on the repercussions of wrongful arrests within Nigeria's legal framework and other jurisdictions. It highlights the myriad claims that may arise in maritime disputes, advocating for a reevaluation of Nigerian legislation on ship arrest and the ratification of the international convention on ship arrest. Given the international nature of shipping and the prevalence of disputes involving personal and governmental interests across different nations, conflicts between domestic and international law have become more pronounced, with ship arrest often serving as a primary remedy. The study explores the concept of ship arrest, which is a civil law procedure in admiralty law entailing imposing a 'warrant of Arrest' on a ship engaged in an activity or enterprise. The Study analyzes the current practices and highlights the problems of enforcement mechanisms relating to ship arrest in Nigeria and further identifies legal, procedural, and operational challenges. The study therefore proposes actionable recommendations for improving the efficiency and reliability of ship arrest in Nigeria, which aims to contribute to a more robust and reliable maritime legal environment in Nigeria, fostering greater confidence among international maritime stakeholders and promoting the growth of Nigeria's maritime industry.

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urn:uuid:496aa4af-6525-4ea4-91a6-a533e0ff004a