Maritime Seminar For Judges: The Communique

COMMUNIQUE ISSUED AT THE END OF THE 17TH BIENNIAL INTERNATIONAL MARITIME SEMINAR FOR JUDGES ORGANIZED BY THE NIGERIAN SHIPPERS’ COUNCIL UNDER THE AUSPICES OF THE FEDERAL MINISTRY OF MARINE AND BLUE ECONOMY AND IN COLLABORATION WITH THE NATIONAL JUDICIAL INSTITUTE HELD FROM 9TH–11TH JULY 2024 AT THE ABUJA CONTINENTAL HOTEL, FCT ABUJA.

INTRODUCTION:

The International Maritime Seminar for Judges, which commenced in 1995
and has held successfully over the last three decades, is organized by the Nigerian Shippers’ Council (NSC) under the auspices of the Federal Ministry of Marine and the Blue Economy in collaboration with the National Judicial Institute (NJI). The Seminar has enjoyed the active and continuous support of the Nigerian Maritime Law Association (NMLA).

The Seminar is organized for Justices of the Supreme Court, Justices of the
Court of Appeal and Judges of the Federal High Court and has always had participants from other African countries and stakeholders in the maritime sector. It is noteworthy that the Seminar has always held with the active collaboration and participation of the Federal High Court being the Court constitutionally enabled to entertain admiralty and maritime matters in the
first instance. The Chief Judge of the Federal High Court has traditionally served as Chairman of the Organizing Committee of the Seminar.

The general aim of the Seminar is to sensitize and further enhance knowledge and skills of judicial officers on the adjudication of maritime and admiralty disputes through the proper application of Admiralty Law,and to brainstorm on issues that may arise from its application and other related matters. This year’s seminar considered a number of issues relating to the maritime sector and maritime adjudication and dispute resolution.

New developments and issues on climate change and digitization that affect
the maritime sector were also considered.The 17th International Maritime Seminar for Judges held successfully between 9th and 11th of July, 2024 at the Abuja Continental Hotel, FCT, Abuja.

This year’s Seminar discussed contemporary issues and developments in international maritime law and practice especially as they relate to the climate change phenomenon which touches on almost all aspects of human existence including maritime issues and marine transport and automation of the shipping processes and ancillary services to shipping
and other maritime services. This year’s seminar is geared towards equipping judicial officers of the various Superior Courts in Nigeria and
Africa with the necessary jurisprudential knowledge and skills to properly adjudicate and address the myriad of challenges in the maritime sector which require a proper understanding and application of maritime law within the framework of emerging issues and developments in the law. The Seminar served as a veritable platform for achieving this.

PARTICIPATION:
The Seminar was chaired by the Secretary to the Government of the
Federation (SGF), His Excellency, Distinguished Senator George Akume,
CON, KSJI, fnim, and was declared open by the Hon. Chief Justice of Nigeria and Chairman Board of Governors NJI, Hon. Justice Olukayode Ariwoola, GCON. Other distinguished personalities in attendance at the opening of the Seminar include, the President of the Court of Appeal, Hon. Justice Monica Dongbam Memsen, CFR, Hon. Justice John T. Tsoho, Chief Judge of the Federal High Court and Chairman of the Organizing Committee of the Seminar, President of the National Industrial Court of Nigeria, Hon.Justice Benedict B. Kanyip, PhD, FNIALS, FCArb., Hon. Minister of Marine and Blue Economy, His Excellency Chief Gboyega Oyetola, CON, the Attorney General and Minister of Justice, Prince Lateef Fagbemi, SAN, Executive Governor of Nasarawa State
ably represented by the Attorney General and Commissioner of Justice of
Nasarawa State, Mr Labaran Shuaibu Magaji, Chairman, Senate Committee on Marine and Blue Economy, Senator Wasiu Eshilokun Sanni, Comptroller General of Nigerian Customs Service Bashir Adewale Adeniyi, MFR, Managing Director/CEO of the Nigerian National Petroleum Company Ltd., Mr Mele Kolo Kyari, OFR, and Barrister Akutah Pius Ukeyima, Esq., MON, the Executive Secretary, Nigerian Shippers Council, amongst many other dignitaries, including the Chief
Justices of the Republic of Liberia, and other Justices from a number of states.

From the deliberations over the three day period of the Seminar, the following Resolutions were made:

1. That the Seminar should be made an annual event, instead of biennial as it currently is, in recognition of it (the Seminar)
   being a veritable platform for knowledge sharing and direct
   interface amongst stakeholders in the maritime sector in Nigeria and Africa.
2. That there should be a harmonization and simplification of
   international trade processes and procedures not only in Nigeria but on the entire African continent to facilitate trade amongst the nations of Africa and beyond.
3. That there should be a total revamping or overhaul of the
   Nigerian port system to encourage the enhancement of trade and general ease of doing business, particularly in the maritime sector. The need to make the Nigerian ports more efficient and reduce the turn-around time for the clearing of cargoes was highlighted and emphasized giving the example of the port of Tangier reputed to be the most efficient port on the continent of Africa.
4. That there is an urgent need to review existing legal regimes to properly position the Nigerian Shippers Council as the regulator of the shipping/maritime sector in the emerging blue economy of the nation. The Seminar noted that shipping and maritime processes are complicated in Nigeria as a result of multiple agency roles in the shipping processes. Allied to this is the need to evaluate existing legal processes in a manner aimed at driving positive developments in the maritime sector.
5. That an efficient and competitive port system that is automated and deploys Artificial Intelligence (AI) in order to optimize service delivery be developed for Nigeria, thus making it imperative for the country to invest significantly in the required technology that will enable Nigeria compete globally and meet the challenges of modern day maritime business.
6. That shipping, being an international business and practice, requires Nigeria, as a stakeholder nation, to embrace the global
   standards of shipping best practices digitization of processes and autonomous vessels’ operation while considering our local realities like likely loss of jobs for seafarers amongst others in the face of the emergence of fully automated vessels.
7. That vessel autonomy poses a number of risks, especially job losses for seafarers that have been trained. The Seminar thus calls for investment in capacity building, diversification of knowledge portfolio, maritime education and training which will bridge the possible gaps that will be opened by the new
   developments in the maritime sector and shipping business through the deployment of technology, AI and the use of
   autonomous vessels.
8. That arbitration and other Alternative Dispute Resolution
   (ADR) methods should be encouraged for the settlement of disputes in the maritime sector due to its cost effectiveness amongst many other benefits which will lead to expeditious settlement of maritime disputes.
9. That arbitration and other ADR proceedings and processes are complementary to the judicial process and the courts should support the deployment and utilization of arbitration and other ADR methods in the settlement of maritime disputes as encouraged by the Arbitration and Mediation Act (AMA) which empowers courts in section 5 to stay proceedings in favour arbitration and other ADR methods and allows courts in Section 19 to grant interim measures of protection.
10. That the courts should further support utilization of arbitration and other ADR methods in the settlement of maritime disputes by appointing emergency arbitrators in pursuance of such enablement by sections 16 to 18 of the AMA which introduced the appointment of emergency arbitrators, thus enabling urgent relief before the arbitral tribunal is constituted.
11. That there is the need to digitize the judicial processes for efficient justice delivery, particularly in relation to arbitration processes which the judicial process aids. To this end, it was resolved that rules of court and practice directions must be consistently reviewed in order to bridge legislative gaps to meet the constantly evolving demands of modern day business.
12. That there is the need to embrace digital knowledge by judges and other stakeholders in the sector and also incorporate digital knowledge studies into the legal education curriculum. In particular, Judges adjudicating maritime and admiralty matters and arbitrators in the maritime sector should be encouraged and supported to acquire digital knowledge.
13. That there is need for proper equipping and digitization of the
    Admiralty Registry in Nigerian courts to ensure effective
    maritime justice delivery.
14. That the current position of the Court of Appeal on the MT. SAM PURPOSE case which presently situates the exclusive jurisdiction for claims involving crew wages with the National Industrial Court be revisited urgently. There is a strong recommendation for a quick judicial and/or legislative intervention, particularly as crew members cannot get a warrant to arrest a vessel to protect or preserve claims before the National Industrial Court. This will aid Nigeria’s compliance with best globally acceptable practices on this subject.
15. That the Beijing Convention on Judicial Sale of Ships be ratified and domesticated in Nigeria as it is critical in the context of international maritime law and sale of ships.
16. That there is a need to synergize the communication interface between the Court registry and the Naval Command to ensure seamless service provision, especially on arrest and release of vessels.
17. That there is a need to streamline, simplify and clarify legal processes especially as regards arrest of vessels and handling of contracts in order to reduce confusion (on what should be regarded as simple contract and labor matters in the maritime sector) and ensure fair outcomes.
18. That deliberate efforts be made to strengthen the policy and legal frameworks to make Nigeria become a ship owning nation as opposed to the cargo owning nation that it is presently to benefit from the economic advantages associated with ship ownership.
19. That the Seminar commends and urges the proper utilization of the newly established Admiralty Division within the Federal High Court with specialized Judges being considered and the issuance of the 2023 Admiralty Jurisdiction Procedural Rules which introduced electronic filing, simplified service of
    processes, timelines for hearing applications and the responsibilities of the Admiralty Marshall (who heads the Registry) which include serving processes, managing arrested vessels and sale proceeds amongst many others.
20. That the judiciary should continue to expand the frontiers of maritime jurisprudence through its decisions and judgements.
21. That the seeming conflict between the Admiralty Jurisdiction Procedural Rules 2023 and the Admiralty Jurisdiction Act should be immediately resolved by legislative intervention.
22. That there is an urgent need for the diversification of the Nigerian economy from being oil dependent to a non-oil sustainable economy which the maritime sector in an emerging global blue economy can offer Nigeria.

CONCLUSION:
The 2024 International Maritime Seminar for Judges ended with a profound expression of its appreciation to the Hon., the Chief Justice of Nigeria the Hon., the Chief Justice of Nigeria and Chairman Board of
Governors NJI, Hon. Justice Olukayode Ariwoola, GCON., other Justices and Judges including the visiting Chief Justice of the Republic
of Liberia Hon Justice Sie-A-Nyene Yuoh, and visiting Justices and Judges from other African countries including Ghana, Kenya and The Gambia, our international and local resource persons, panelists and all
participants for their attendance and contributions.