In a recent Court of Appeal case, the appellant terminal operators challenged the Nigerian Shippers' Council's powers to review local storage charges unilaterally. The judgment gives further judicial impetus to the government's policy intent, particularly with regard to storage operations at the nation's ports. However, it conflicts with an earlier decision by the same court concerning the Nigerian Shippers' Council's role as the economic regulator of the Nigerian ports.
While delay can be expensive for a shipowner which suffers loss where a charterer delays the loading and discharge operation, a charterer should not be made to pay demurrage for such delay where it can be proven that it was not at fault. It is imperative to ensure that, before executing the contract of carriage, both parties are clear on the laytime and clauses regarding where a charterer is relieved of its obligation to pay demurrage.
There appears to be some level of cooperation across the relevant agencies in Nigeria in ensuring that the country's waters are kept safe. However, the lines are blurred with regard to the delineation of these agencies' maritime security functions. As several international instruments to which Nigeria is legally bound call for the preservation of maritime security, it is imperative to understand which agencies should be held accountable for protecting its waters.
The Court of Appeal recently declared the Lagos State House of Assembly competent to make laws relating to intra-inland waterways in the state. The appeal turned on whether the regulation and control of Lagos state intrastate and inland waterways falls under the exclusive legislative list which confers legislative competence on the National Assembly. Contrary to reports, the decision is hardly a win for the Lagos state government.
Although the Convention on the Limitation of Liability for Maritime Claims 1976 has yet to be domesticated in Nigeria, certain laws provide for the limitation of liability in some instances. However, the question remains as to whether the insurer – where the law permits an assured to limit its liability and it makes a claim – must indemnify the assured up to the limit of its liability or to the fullest extent of the policy.