Innovations of the Admiralty Jurisdiction Procedure Rules 2023

AJPR 2023: Innovation.

Order 23 rule 3 of the Admiralty Jurisdiction Procedure Rules (“AJPR”) 2011 provided that the Chief Judge shall designate the Divisions of the Court where the Registry shall be located. However, Order 2 rule 1 of the just released AJPR, 2023, made by the Chief Judge of the Federal High Court (“the CJ”) states that the CJ shall establish Admiralty Divisions for the Court. Order 2 rule 2 of AJPR, 2023, stipulates that the CJ shall designate Judges as Admiralty Judges, while rule 3 of the same Order provides that the CJ shall issue directions to establish the Admiralty Registry of the Admiralty Division of the Court.

In interpreting statutes, where the word ‘shall’, has been used in a statute by a law maker, it is regarded that the law maker intends the power or duty to be mandatory and not discretionary. This is the first time since the first AJPR in Nigeria in 1993, that by the AJPR, the CJ will go beyond merely designating the divisions of the Federal High Court (“FHC”) where Admiralty Registry shall be located and make it mandatory for the CJ to establish Admiralty Divisions, designate Judges as Admiralty Judges and establish the Admiralty Registry for the FHC.

The Nigerian Maritime Law Association that prepared a draft copy of the AJPR 2023 for consideration and use by the CJ and Admiralty Practitioners, had for a long time been clamouring for the establishment of such Admiralty Divisions with Judges that are trained and or experienced in admiralty law as Admiralty Judges to hear and determine admiralty matters, and a strictly separate Admiralty Registry to serve them. This is to ensure quick and fair hearing and determination of admiralty matters which universally require expeditious hearing and determination due to the huge commercial claims and assets (ship, cargo freight etc) they involve. It will also prevent designated Admiralty Judges from being seconded to election petition Tribunals as has often been the case, thereby stalling the quick and urgent conclusion of admiralty matters that have been creating losses to parties and reducing resort to FHC for the determination of admiralty matters.

With the use of the word ‘shall’ in Order 2 AJPR, 2023, the CJ has made it compulsory for him to establish Admiralty Divisions, designate Admiralty Judges and create a separate Admiralty Registry for the FHC, failing which he can be sued by any stakeholder to compel him to do so. I give kudos to the CJ for this great innovation which will quicken admiralty justice delivery in Nigeria. I believe that it will send good signals to foreign investors and foreigners that Nigeria, (or indeed the FHC), is ready to expedite the resolution of maritime disputes and that it is needless for them to be resorting to foreign jurisdiction clauses and anti-suit injunctions to prevent admiralty disputes/claims from being resolved/entertained by the FHC in Nigeria.

I also hope the Chief Justice of Nigeria as the Head of the judiciary will respect the rules and discourage the appointment as members of election petition Tribunals, any designated Admiralty Judge. Since the AJPR 2023 commenced on 18 May 2023, I urge the CJ to quickly implement Order 2 of AJPR 2023.

Download AJPR 2023