Admirality Jurisdiction

Ship Mortgages And Proprietary Maritime Claims Under Nigerian Admiralty Law

Ship mortgages are a critical form of maritime security in Nigeria, but registration does not place a mortgagee ahead of every competing claim. This article examines the creation and enforcement of ship mortgages under the Merchant Shipping Act 2007, their classification as proprietary maritime claims under the Admiralty Jurisdiction Act 1991, and the arrest, judicial sale, and priority mechanisms under the Admiralty Jurisdiction Procedure Rules 2023. It highlights the superior status of maritime liens and the importance of registration and maritime due diligence to effective ship finance.

The Finality of Jurisdictional Determinations: Why They Cannot Be Reopened on Appeal, Even Before the Supreme Court

While parties may raise jurisdiction at any stage of proceedings, they cannot re-litigate a jurisdictional issue that a competent court has already determined. This article distinguishes between a valid jurisdictional challenge and an impermissible attempt to re-argue settled issues, and examines the judicial principles that underpin this limitation in Nigerian law.

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