Jurisdiction over Nigeria’s Maritime Labour Disputes: Interrogating the Court of Appeal Decision in the Vessel Mt Sam Purpose & Anor. V. Amarjeet Singh Bains & 6 Ors.

Abstract

This paper adopts doctrinal methodology in reviewing the Nigerian Court of Appeal decision in The Vessel MT Sam Purpose & Anor. v. Amarjeet Singh Bains &  Ors. where the Court held that; by section 251(1) (g) of the 1999 Constitution, sections 2(3) (r) and 5(3) (c) of the Admiralty Jurisdiction Act 2004, 66 of the Merchant Shipping Act, 2007 and 91 of the Labour Act 2004, a claim for unpaid wages of crew members cannot be entertained by the Federal High Court but the National Industrial Court of Nigeria (NICN) pursuant to sections 1(3), 254C (1) (a) (k) of the 1999 Constitution of the Federal Republic of Nigeria (Third Alteration) Act, 2010. It examine the effect of the decision on Nigeria’s admiralty jurisprudence. It interrogates the scope of the exclusiveness of the jurisdictions of both courts on maritime labour disputes and found that; from statutory provisions and earlier judicial decisions, the exclusivity of the jurisdiction of the NICN supersede that of the FHC. It argues that; contrary to concerns raised by scholars, the decision has not extinguished the remedy of maritime lien and under its inherent jurisdiction, the NICN can make the order of maritime lien as an ancillary relief since it has jurisdiction over the main claim besides, mareva injunction is an available alternative to maritime lien which the NICN can grant. The paper concludes that the decision is a welcomed development and makes vital recommendations.