AN APPRAISAL OF THE ROLES OF THE COURTS IN THE ARREST OF VESSELS IN NIGERIA

Abstract

Nigeria as a state relies on maritime commerce for over 80% of its international trade volume; implementing this procedure requires navigating an intricate legal landscape. The tension between protecting international creditors and safeguarding ship owners against crippling economic losses places a unique burden on the Nigerian judiciary. This paper evaluates the modern judicial attitude of Nigerian courts toward the arrest and detention of vessels. This paper adopted a doctrinal methodology, analysing statutes and applicable instruments, case law, among others. The conceptual baseline centres upon the action in rem, the vessel’s legal personality, and other issues which explore comparative approaches separating Nigerian arrest protocols from concurrent frameworks in the United Kingdom and South Korea. The paper recommended structural upgrades for the Nigerian maritime judiciary, among other salient recommendations.