Ecstatic Collection

02/03/2020

The Federal Government has reopened the Berger/Kara Bridge section of the Lagos-Ibadan Expressway The Federal Controller of Works, Lagos, Mr Adedamola Kuti,

11/12/2019

It seems more and more people are ending the year in a great way. Comedienne Wofaifada has gotten many tongues wagging with the new set of photos she just shared on her IG page. According to the funny woman she just acquired a G-Wagon. She went on to share photos of the new asset with …

07/11/2019

New post added at The Metro Lawyer - Charterers Beware! "Once On Demurrage, Always On Demurrage" By Caroline Tokulah-OshomaThe maxim, "Once on Demurrage, always on Demurrage" is with respect to the subject matter of a Charterparty.

There are different types of charterparties namely; bareboat/demise, time and voyage. This article will focus on time and voyage charter parties.

In a time or voyage charter party, the charterer hires the vessel for a specific time or voyage over an agreed period. The agreed period is referred to as "laydays" or "laytime" as the case may be.

The charterer is expected to load or discharge its cargos within laytime, if the charterer exceeds the period, demurrage will start to accrue. Demurrage is damages paid for using a vessel outside the agreed period.

The maxim "Once on demurrage, Always on Demurrage" simply means that: a charterer will be liable for using the vessel outside the agreed period specified in the charter party. Therefore, the breach continues until loading or discharge is complete.

The question is, can demurrage ever be suspended? Simply put, can a charterer ever show any cause as to why he should not be liable for the extra time spent outside of laytime? Generally speaking, demurrage cannot be suspended, it is an absolute and continuous liability; however, there are certain circumstances where demurrage will not accrue. These circumstances are discussed below.

In the case of "Agios Dimitrios" it was held that the charterer will not be liable for the extra time spent because the delay was as a result of the ship owner's breach of due diligence as the vessel's hold was not fit to receive the charterer's cargoes.

Demurrage will also not accrue under certain agreed conditions incorporated by parties into the charterparty; such as Adverse Weather Condition, Christmas day, Boxing day, Sundays, Public holidays, Strike, Riot and any other event that could pose as a problem to laytime.

However, if the cause of the delay is as a result of some unforeseen circumstance not envisaged by the parties, it will sadly be the charterer's misfortune and he will bear the loss.

It is of importance to mention here that once demurrage starts to accrue due to no fault of the ship-owner and subsequently, the vessel is further delayed due to the ship owner's fault, demurrage will keep accruing; the chain of causation cannot be said to have been broken.

This is because had the charterer completed loading or discharge within lay-time, demurrage would not have accrued in the first place.

Once a vessel is on demurrage, nothing will cause its suspension unless the contract clearly states otherwise. This principle was reiterated by Hobhouse J in the case of "The Forum Craftsman" also by Lord Reid in "The Spalmatori".

Furthermore, Mocatta J in the case of "Tsumaku Maru" made a profound statement with reference to the Charterer's excuses of running out of laytime.

He stated thus; "It does not avail the charterer to say....Oh, I couldn't help your ship being delayed; the port was full of ships chartered by other persons over whom I had no control and until a berth became available on one of those ships leaving after having completed loading or discharge, it was beyond my powers to do anything by way of discharging your vessel..... The liability to demurrage falling upon a charterer in such circumstances is his misfortune...."

In order for charterers to escape the strict application of the maxim, it is important to include in the charter-party times when lay-time will not run.

A simple clause such as "time shall not count if the vessel is on an inward passage moving from a waiting place to the place of loading or discharge specified by Charterer........" or "demurrage not to accrue on Public Holidays, Sundays, Strike, Riot, Tornado, Hurricane, Earthquake......" can be used to escape lay-time running or demurrage accruing on certain conditions.

In the absence of a specific clause like the ones given above, nothing will prevent lay-time from running or demurrage from accruing even though it seems unfair.

It is the responsibility of the charterer to protect himself and his interest against any misfortune with a simple clause. Time is always of the essence in a charter-party; thus the ability to perform the task of loading/discharging within lay-time is crucial.

Charterers beware!



The author is a member of the Maritime, Regulatory/ Compliance and Branding team of the Olisa Agbakoba law firm. She is a Maritime law enthusiast has advised various clients both locally and internationally on maritime /shipping transactions, drafted and reviewed several charterparties, and has attended several maritime conferences, workshops, lectures and seminars both in England and Nigeria.

The maxim, "Once on Demurrage, always on Demurrage" is with respect to the subject matter of a Charterparty. There are different types of charterparties namely; bareboat/demise, time and voyage. This article will focus on time and

31/10/2019

New post added at The Metro Lawyer - Nigerian Wins Global Maritime Essay Competition, As NIMASA DG, Others Meet To Advance World MaritimeA Nigerian, Iorliam Simon Tersoo, has won the Future Maritime Leaders essay competition organised by the Global Maritime Forum. Tersoo’s article titled, “Emerging Technologies: Autonomous Shipping and Seafarers’ Continuous Professional (Ir) Relevance,” was among top three essays selected from 140 shortlisted entries from 46 countries that participated in the annual competition.

The Maritime Safety Officer at the Nigerian Maritime Administration and Safety Agency (NIMASA) and the other two winners made compelling presentations on their essays at the ongoing Global Maritime Forum in Singapore, where the Director-General of NIMASA, Dr. Dakuku Peterside, is a major participant. Dakuku is one of three leaders in Africa invited to the exclusive industry forum, which focuses on addressing the burning issues in the maritime industry and proffering viable strategies to meet the challenges of the future.

Tersoo wrote on how to prepare the next generation of seafarers for digitalised ships, which is believed to be the future of shipping. He anchored his write-up to the bourgeoning technological innovation, Maritime Autonomous Surface Ship (MASS), which the International Maritime Organisation (IMO) defines as a ship which “can operate independently of human interaction.”

His essay painted the picture of a future where ships will be fully digitalised, automated, autonomously piloted, and controlled from both onshore and offshore. He described this as the next phase of disruptive innovation in shipping.

Tersoo acknowledged the immense benefits of the autonomous shipping regime but identified a major challenge of the innovation as the threat posed to the jobs of the over 1.5 seafarers working onboard ships worldwide. To address this challenge, he said the committee on Human Element Training and Watch-keeping (HTW) of IMO’s Maritime Safety Committee (MSC) “will have to re-organise the curriculum of Maritime Training Institutions (MTIs) globally to embrace this new trend, tilting seafarers training more towards maritime information communications technology (ICT) and regulations that can enable them to participate effectively in the technological revolution.” He also recommended the retraining of existing seafarers to fit into the new digital era.

Tersoo, a product of the Nigerian Seafarers Development Programme (NSDP), had worked on board a vessel and is now fully involved in regulatory duties at NIMASA. So he had the opportunity of seeing both sides of the life of a seafarer. He attributed his success in the essay competition to the push for a knowledge driven organisation by the current leadership of NIMASA, saying he is challenged daily by leadership and innovation at the Agency.

Two other essays written by Yiqi Zhang, a 30-year-old PhD student at the Hong Kong University of Science and Technology, China, and Line Fryd Hofmansen, a 26-year-old Management Consultant at PA Consulting Group, Denmark, were among the winning entries.

According to the Global Maritime Forum, “The competition aims to give students and young professionals aged 18-30 a voice in the debate about how the maritime industry can sustainably address maritime challenges and opportunities – and the industry a chance to listen.”

The winners of the competition won a chance to attend the Global Maritime Forum Annual Summit 2019 in Singapore, all expenses covered, together with 200 leaders from inside and outside the maritime industry, where they will represent the voice of the young generations.

“The Future Maritime Leaders essay competition represents an invaluable opportunity for young people aspiring to become the leaders of the future to meet and engage with senior maritime stakeholders,” the Global Maritime Forum added.

A Nigerian, Iorliam Simon Tersoo, has won the Future Maritime Leaders essay competition organised by the Global Maritime Forum. Tersoo’s article titled, “Emerging Technologies: Autonomous Shipping and Seafarers’ Continuous Professional (Ir) Relevance,” was among top

23/10/2019

New post added at The Metro Lawyer - The 🛑!!! UN Day SDGs Road Traffic Campaign Rally To Hold October 24, 2019The inaugural UN Day SDGs Road Traffic Campaign Rally will hold on October 24, 2019. This is according to a press statement by the Director of the Fundacion Exito Ltd./Gte., the organisers of the Road Traffic Campaign, Mr Dominic E. Obozuwa.

Obozuwa who made the statement in Abuja on Tuesday the 22nd of October, 2019 said the rally will hold on the 24th of October, which is the United Nations Day because the United Nations (UN) Agenda 2030 for Sustainable Development is relevant to Fundacion Exito Ltd./Gte. (“FundELG Africa”).

He stated, “We would embark on a 4.6km walk to promote adherence to road traffic rules, building safer cities and fostering national unity; as a link to ‘Goal 11’ of the UN Sustainable Development Goals (SDGs) - “Sustainable Cities and Communities” – which is geared towards ‘Making our cities and human settlements inclusive, safe, resilient and sustainable’.”

“The Rally is a segment of , a strategic National Re-Birth Project created by FundELG Africa to promote adherence to traffic rules, making the roads safe, keeping the environment tidy by road users especially drivers; and thus make our cities and human settlements inclusive, safe, resilient and sustainable. This is because, according to the UN statistics, by 2030, almost 60% of the world's population will live in urban areas, and most of that urban expansion will be in the developing world. Rapid urbanisation puts pressure on the systems infrastructure and as a result, we must embrace all efforts and the social benefits of cities by making sure they are orderly, safe for everyone and sustainable for decades to come,” he said.

“Also, one of the featured United Nations Targets for Goal 11 includes that by 2030, there should be improved road safety, with special attention to the needs of those in vulnerable situations, women and children, persons with disabilities and older persons. The Road Traffic Campaign Rally is geared towards promoting this target in Nigeria. The focus is to think right and act right and we would become right as citizens under God and in the end have a nation of citizens who do right by default.”

According to the Obozuwa, the 3-pronged objective of the Rally is to:

a. Promote Road Safety Awareness, adherence to traffic rules, especially the traffic lights, zebra crossing, driving against traffic, creating multiple illegal lanes, to mention a few; symbolised by the hashtag, ;

b. Promote National Security, Peace and Unity; symbolised by our convergence at, take-off from and return to the Unity Fountain, Abuja; working with the National Youth Service Corps (NYSC) and the inauguration of the Campaign on the United Nations Day, October 24.
- The UN Day is a commemoration of the entering into force of the UN Charter on October 24, 1945 to ensure international peace, security and co-operation among member nations;
- The Unity Fountain, Abuja: is a national monument representative of our faith as Nigerians in one united and indivisible country; and
- The National Youth Service Corps (NYSC) programme was established to inculcate the spirit of service, oneness and brotherhood in Nigerian Graduates and youths; as well as involve them in nation building and the promotion of national unity.

c. Promote the need for Government at all levels to begin to consistently think, speak and act trans-generationally in terms of its leadership, policies and influence as well as ensure a healthy and vibrant nation; symbolised by our collaboration with the “Leadership Advancement Foundation (LEAF)”, the “Cedarwood Academy for Girls (CAG)” and the “EattoLive health and lifestyle enterprise”. A child who is 1 year old today will be 41 when Nigeria is 100 in 2060; what kind of 100 year old country would he be living in? This is a question government must begin asking and work its way to providing that solution.

He said the intended impact with the rally includes short, medium to long term aspirations such as helping to instil Road Discipline, Road Safety, a National awakening to right doing, curbing impunity, instil a sense of discipline in Nigerians in general and road users in particular as well as National Transformation through Mind Re-Engineering; among others.

While calling on all stakeholders and all Nigerians who believe in Nigeria to actively participate in the Road Traffic Campaign, Mr Obozuwa revealed that participants are expected to converge at the Unity Fountain and after an aerobics exercise of about 15 minutes led by the EattoLive, they would commence the 4.6km walk through Shehu Shagari Way, Gana Street junction, IBB Roundabout, British Council, Forte Oil, NCC, Transcorp Hilton and back to the Unity Fountain.

FundELG Africa was founded in September 2013 with a vision to build a national ideology for the next generation, one man, one idea and one change at a time.

The inaugural UN Day SDGs Road Traffic Campaign Rally will hold on October 24, 2019. This is according to a press statement by the Director of the Fundacion Exito Ltd./Gte., the organisers of the

17/10/2019

New post added at The Metro Lawyer - Reps To Reopen Electoral Bill Rejected By President BuhariThe House of Representatives has expressed its readiness to re-represent the Electoral Act (Amendment) Bill rejected thrice by President Muhammadu Buhari.

At its inaugural sitting in Abuja on Wednesday, the House Committee on Electoral Matters said it was ready to revisit the bill and restart legislative process on the document.

The committee chairman, Aisha Dukku, lamented that despite efforts by the legislature to amend the laws governing electoral processes in the country since 2011, the legal framework had not changed.

Dukku said, “Moving forward, the National Assembly passed the Electoral Act (Amendment) Bill 2018 and forwarded same to the President for his assent, pursuant to Section 58 (4) of the 1999 Constitution. However, the President declined assent due to some lacuna or drafting issues in some of the clauses of the bill and advised that those observations be addressed.

“The President’s observations were accordingly addressed and the bill was again passed in December 2018 and later in April 2019, following another decline to assent by the President inter alia.

“As it stands, the Electoral Act (Amendment) Bill is still hanging; hence there is the need for this committee to bring it up because there are several important amendments that will improve our electoral process. It also requires that a number of fundamental shortcomings are still to be addressed for the legislative framework to be fully in line with universal and regional standards for elections.”

The lawmaker assured Nigerians that the committee was fully ready and would “do everything within its powers to improve and strengthen the conduct of elections in Nigeria.”

She added that the lawmakers would partner all relevant electoral and political bodies, civil society organisations, both local and international, to make sure that they succeed in their mandate.

Dukku said, “It is important to note that despite various legal reform initiatives made since the 2011 general elections in this country, the legal framework has not changed except for the passing of the Freedom of Information Act in May 2011.

Many members of the committee decried the withdrawal of assent to versions of the electoral bill, calling for a compilation of the issues raised by the President to guide them on the fresh amendment.

The House of Representatives has expressed its readiness to re-represent the Electoral Act (Amendment) Bill rejected thrice by President Muhammadu Buhari. At its inaugural sitting in Abuja on Wednesday, the House Committee on Electoral Matters said

17/10/2019

New post added at The Metro Lawyer - G-Worldwide Entertainment Slams Kizz Daniel With 500 Million LawsuitG-WorldWide is back in court and wants more than half a billion from Kizz Daniel. General damages in the sum of Two Hundred Million Naira (200,000,000), special damages for breach of contract in the sum of N179,499,957.00 (One Hundred and Seventy-Nine Million, Four Hundred and Ninety-Nine Thousand, Nine Hundred and Fifty-Seven Naira) and N150, 000, 000 (One Hundred and Fifty Million Naira) for contract exit fees, among other reliefs.

As reported by Sound City, G-Worldwide Entertainment (GWW), the Record Label through which Kizz Daniel rose to fame and became positioned to attract fortune, has reignited its legal battle against Kizz Daniel, who is now its former signee. The Label in pursuit of this course has engaged the law firm of Olisa Agbakoba Legal, led by Senior Counsel, Dr. Olisa Agbakoba, SAN, to prosecute its claims against the Artiste.

Following the Artiste’s irregular exit from the recording contract he executed with GWW in 2017, coupled with the imprecise media bout instigated by the Artiste to damage GWW’s reputation, the Record Label has sought legal redress against the Artiste before the relevant Courts in Nigeria, viz: a claim for breach of recording contract against the Artiste before the High Court of Lagos State, and another claim before the Federal High Court, Lagos for infringement of its intellectual property rights by the Artiste.

The matter pending at the High Court of Lagos State, which was commenced by an Originating Summons, came up on Monday, October 7, 2019, for Judgment before Hon. Justice Taofiquat Oyekan-Abdullai. However, GWW through its Solicitors informed the Court that it had filed an Application seeking two alternative prayers; A prayer to stay proceedings pending reference of the matter to Arbitration, as provided under the enabling contract between the parties and a prayer granting leave to amend its originating process.

The Court, after hearing Counsel’s submissions on behalf of GWW, with respect to the reasons necessitating the application, appreciated the peculiarity of the circumstances, which is predicated on the fact that the former counsel representing the Label, argued the Originating Summons in defiance of the label’s instructions to defer steps in the suit, and ultimately withdraw the suit in view of its decision to engage another law firm. Consequently, the Court adjourned the matter for the hearing of the Label’s application to January 21, 2020.

Furthermore, in seeking for redress for the damage suffered at the hands of Kizz Daniel, the label is praying for the following reliefs from the High Court; General damages in the sum of Two Hundred Million Naira (200,000,000), special damages for breach of contract in the sum of N179,499,957.00 (One Hundred and Seventy-Nine Million, Four Hundred and Ninety-Nine Thousand, Nine Hundred and Fifty-Seven Naira) and N150, 000, 000 (One Hundred and Fifty Million Naira) for contract exit fees, among other reliefs.

The Chief Executive Officer of the Label, Mr. Festus Ehimare, has said that the essence of the legal actions is to enjoin Nigerian Artistes, to inculcate a habit whereby they respect the sanctity of contracts, as opposed to playing victims once they realize they have breached the terms of a valid and legally binding contract, as a result of their hurried exit after becoming famous and in-demand. He further advised upcoming artistes to refrain from the practice of administering medicine after death and urged them to ensure that they uphold the terms of their recording contract in good faith.

G-WorldWide is back in court and wants more than half a billion from Kizz Daniel. General damages in the sum of Two Hundred Million Naira (200,000,000), special damages for breach of contract in the sum

17/10/2019

New post added at The Metro Lawyer - EFCC To Pay N5m For Freezing Surety’s AccountThe Federal High Court in Lagos has awarded a punitive cost of N5m against the Economic and Financial Crimes Commission for freezing the bank account of one Mr Charles Aiyeyi since December last year.

Aiyeyi had stood as a surety for one Chief Jerome Itepu, who was being investigated by the EFCC.

According to the court, after the EFCC released Itepu to Aiyeyi on administrative bail, the suspect jumped the bail and refused to honour further invitations by the EFCC.

In December 2018, the EFCC placed a restriction on Aiyeyi’s account. When the surety went to the EFCC office to ask questions, he was arrested and detained for 12 days. He was later released on bail.

The surety, through his lawyer, Mr J.A.K. Akhigbe, approached the Federal High Court in Lagos for the enforcement of his fundamental rights.

He urged the court to declare that his detention and the freezing of his bank account amounted to a breach of his fundamental rights under sections 34, 35 and 44 of the constitution.

He urged the court to award N500m as exemplary and aggravated damages against the EFCC.

But the EFCC filed a counter-affidavit in opposition to the suit.

The anti-graft agency said it froze Aiyeyi’s account because it traced part of proceeds of crime into it, adding that it had charged the surety with the offence of justice obstruction over Itepu’s disappearance.

But the court, in a judgment by Justice Nicholas Oweibo, faulted Aiyeyi’s arrest and the freezing of his account.

The judge held, “The arrest and detention of the applicant because he could not produce a suspect he stood surety for is not a crime known to law.

“The only liability for the applicant for failure to produce the suspect is to show cause or forfeit the sum of N18m bail bond.

The Federal High Court in Lagos has awarded a punitive cost of N5m against the Economic and Financial Crimes Commission for freezing the bank account of one Mr Charles Aiyeyi since December last year. Aiyeyi had

17/10/2019

New post added at The Metro Lawyer - Zamfara Plans Capital Punishment For Qu’ran DesecrationThe Zamfara State Government says it will enact a law making anyone who desecrates the Holy Qur’an to face capital punishment.

Governor Bello Matawalle said on Tuesday this while receiving the report of the committee headed by the former Deputy Governor of the state, Mallam Ibrahim Muhammad, to review the activities of the state Ministry of Religious Affairs and other religious agencies.

A statement by the Director-General, Media and Publicity to the Governor, Alhaji Yusuf Idris, said, “The governor was sad about the recent desecration of the Holy Qur’an by some unscrupulous elements.

“He said to bring an end to the unholy act, his government would soon enact a capital punishment law that will deal with all related offences.”

The statement added that Matawalle told Sharia Court judges to be careful in handling such cases as any judge found wanting would be dealt with.

The governor also appealed to Islamic scholars in the state to sensitise people to the importance of peace, unity and love for one another.

Wakkala called for the renaming of the State Ulama Consultative Council to Zamfara State Fatwah Council.







PUNCH

The Zamfara State Government says it will enact a law making anyone who desecrates the Holy Qur’an to face capital punishment. Governor Bello Matawalle said on Tuesday this while receiving the report of the committee headed

16/10/2019

New post added at The Metro Lawyer - Alleged Fraud: Judge’s Absence Stalls Trial Of Former SGF Lawal, 5 OthersThe trial of former Secretary to the Government of the Federation (SGF), Babachir Lawal, in a High Court of the Federal Capital Territory (FCT) was on Wednesday stalled following the absence of the trial judge, Justice Jude Okeke.

Justice Okeke, according to a court registrar, took ill and was unable to attend the day’s proceedings.

Following the development, counsel in the matter agreed on November 5 for the next sitting which was originally slated for ruling on the admissibility of a document tendered by the Economic and Financial Crimes Commission (EFCC).

The ruling was slated for October 16, at the last sitting in September.

The former SGF and his brother, Hamidu Lawal, a director of Rholavision Engineering Limited; an employee of the company, Sulaiman Abubakar, and the Managing Director of Josmon Technologies Limited, Apeh Monday, are being prosecuted by the EFCC on a 10-count charge of conspiracy and fraud.

Also charged with them are two companies, Rholavision Engineering Limited and Josmon Technologies Limited.

EFCC accused Babachir Lawal of illegally benefiting from the approval of N544,119,925.36 for the removal of invasive plant species and simplified irrigation.

The anti-graft agency alleged that Lawal being the SGF and Hamidu Lawal, director of Rholavision Engineering Limited, and Abubakar, staff about March 7, 2016 at Abuja conspired to commit the offences.

It alleged that the defendants fraudulently acquired a property, contrary to Section 26 (1) (c) of the Corrupt Practices and Other Related Offences Act, 2000.

It also alleged that the former SGF knowingly held indirectly a private interest in the consultancy contract awarded to Rholavision Engineering Limited for the removal of invasive plant species and simplified irrigation to the tune of N7m and N6.4m

EFCC claimed that it was done through the Presidential Initiative for North East (PINE).

It further alleged that on March 4 and Aug. 22, 2016 contract for removing evasive grass worth N272.5m and N258.1m respectively were awarded to Josmon Technologies Limited but was executed by Rholavision.

The offences, according to EFCC, were contrary to Section 12 of the Corrupt Practices and Other Related Offences Act, 2000.

The six defendants, however, pleaded not guilty to the charge preferred against them.

At the sitting on Sept 18, the anti-graft agency had sought to tender a document in support of the testimony of its second prosecution witness (PW2), Mrs Fatima Umar, an Economic and Financial Crimes Commission (EFCC ) Officer and Head, Forensic Unit.

But the defendants objected to the admissibility of the document thereby forcing counsel to the prosecution, Mr Ufon Uket, to seek for a short adjournment to enable him respond to the objections.

Uket’s request was granted and the matter adjourned to Wednesday October 16.















THISDAY

The trial of former Secretary to the Government of the Federation (SGF), Babachir Lawal, in a High Court of the Federal Capital Territory (FCT) was on Wednesday stalled following the absence of the trial judge,

11/10/2019

New post added at The Metro Lawyer - Maritime Claims- Seafarers Wages And Other Sums Due Them By EMEKA MBAKWE, Esq.The effect of Section 5(c) of the 3rd Alteration Act(2007, Act No. 27, LFN 2004) introduced section 254(1) to the 1999 Constitution ( Act No. 24 of 1999 Cap. 23, LFN 2004) on claim on wages and other sum due seafarers and Masters in respect of their employment on the ship.

Section 254 C (1)(k) gives the National Industrial Court the EXCLUSIVE JURISDICTION in matters relating to payment and non-payment of wages, salaries and entitlements whether resulting from their contract of service, inter alia.

The above stated, it is trite law, that claims relating to wages of seamen is an Admiralty matter within the purview of the Federal High Court.( The gamut of Section 251(1)(g) '99 Constitution, Section 2(3)(r) & Section 5(3)(c) of Admiralty Act and Section 67 of Merchant Shipping Act).

The combined arsenals quoted supra amounts to beautiful nonsense and remains void where it is not in conformity with the Constitution, Section 1(3) of 1999.

The position of the recent amendment remains a mirage to some Justices of the Federal High Court who would look at the fact of the case, especially where the claim is for the payment of contractual wage and the claimant happens to be a foreign seaman; the court would accord itself jurisdiction when the Constitution says otherwise. See the case of Moe oo v. The MV P**c Hai Sun

Meanwhile, the same Federal High Court in 2017, as if it woke from a deep sleep, ( 13years after of the 3rd Amendment of the Constitution) given the same question of jurisdiction for payment of Seafarers, held viz Justice Idris, that it lacked jurisdiction in the case of ASSURANCE FOREIGN SKULD (Gjensidig) v. MT "Clover Pride" &ors.

It is quintessential to assert that such claims, to wit: Wages, Salaries, Dues etc of Seafarers, would correctly be instituted in the National Industrial Court. Note the Constitutional doctrine of "Inconsistency."

In conclusion, the author of the article will not be taken aback to hear and see a Maritime Lawyer who is disenfranchised of this information and enthusiastically agog to discredit him by whatever means. (If the Federal High Court could err, how much more a neophyte in Maritime Law?).

He further appreciates the FHC for taking the front seat of honour, being abreast with the Constitution as it is a notorious fact that in recent years, it has repented of being oblivious of the nascent innovation, 13 years after the 3rd Amendment of the Constitution. See UBA &anor v. Ezekiel (2018) LPELR - 43779; Skye Bank Plc v. Iwu (2017) 16 NWLR (pt 1590)24.

The author shall welcome with a glad heart all forms of rebuttals to this article (so long as it is not academic or rhetoric) for he is conversant to controversial issues.

The author does not in any way claim Mastery of knowledge but has a wild appetite for same.

God forbid that the law be static or Lawyers static, when the law is dynamic..

Emeka Mbakwe
(All Rights Reserved)
11th October, 2019.

The effect of Section 5(c) of the 3rd Alteration Act(2007, Act No. 27, LFN 2004) introduced section 254(1) to the 1999 Constitution ( Act No. 24 of 1999 Cap. 23, LFN 2004) on claim on