ADMIRALTY JURISDICTION PROCEDURE RULES, 2023 AND MATTERS ARISING

History of Admiralty Rules:

The procedure in Admiralty matters was hitherto regulated by the Admiralty Jurisdiction Procedure Rules (AJPR) 1993, which took effect on 2^nd August 1993.  Then came AJPR 2011. On 18^th May 2023, the Chief Judge of the Federal High Court (FHC), the Hon. Justice John Terhemba Tsoho, signed the AJPR 2023. The AJPR 2023 thus came into force on 18^th May 2023.[1] Before the AJPR 1993, the Admiralty regime in Nigerian Courts was regulated by the provisions of the English Administration of Justice Act 1956 (replaced by the English Supreme Court Act 1981). The Administration of Justice Act (English AJA) 1956 incorporated the provisions of the United Nations International Convention Relating to the Arrest of Sea-going Ships, Brussels, 10 May 1952 (The 1952 Arrest Convention).  Therefore, the English AJA 1956 was the source of authority for the exercise of Admiralty Jurisdiction. See: AMERICAN INTERNATIONAL INSURANCE CO. LTD. V. CEEKAY TRADERS (1981) 2 NSC 65.

In matters of procedure, the provisions of the civil procedure rules in England were the source from which the old Supreme Court Rules were fashioned before the creation of the various High Courts. The Supreme Court Rules 1948 were fashioned after the County Court Rules.  Even upon creation, those High Courts still applied the County Court Rules until Rules of Court were made for the various Courts. This was after the old Supreme Court was federalised.  It is instructive that the FHC Civil Procedure Rules, 1976 was a carbon-copy of the English Supreme Court Rules of 1948.