Over Hundred Judges, Lawyers Graced 15th International Maritime Seminar
Over hundred Judges, including the Chief Justice of Nigeria, Hon. Justice Walter Onnoghen, the Chief Justice of the Gambia, Hon. Justice Hassan Jallow, the Chief Justice of Sierra Leone, Hon. Justice Abdulhamid Charm, and Hon. Justice Nasiru Sule Nana Gbadegbe of the Ghana Supreme Court, as well as President, Court of Appeal, Hon. Justice Zainab Bulkachuwa, were all among notable legal practitioners and other stakeholders, who graced the 15th International Maritime Seminar for Judges held in Abuja from July 3 to 5, 2018.
The three-day well-attended biannual Seminar, held at the Sheraton Hotel, Abuja was organised by the Nigerian Shippers’ Council, under the auspices of Federal Ministry of Transportation, in collaboration with the National Judicial Institute.
The Chief Justice of Nigeria and Chairman, Board of Governors, National Judicial Institute, Justice Walter Onnoghen who was the special guest of honour, stressed the need for Judges and legal practitioners, to deepen critical knowledge based in maritime laws, for quality adjudication processes in the maritime sector.
Speaking during the opening ceremony, Onnoghen said the judicial officer can only perform optimally, if fully aware of emerg- ing trends in the jurisprudence prevailing in his or her area of law.
“I am glad topics are carefully selected, to broaden the knowledge base of participants. The inclusion of technology in the maritime sector for discourse, is also critical.
“The judicial officer can only perform optimally, if fully aware of emergence trends in the jurisprudence prevailing in his or her area of law.
“I must not fail to mention that Judges must continue to receive special training, in order to enhance their performance, which will in turn, enable them to handle such technical matters for efficient operation of maritime industry”, he added. He also said the inclusion of technology in the maritime sector for discourse, was critical”.
In her welcome remarks, the Administrator, National Judicial Institute (NJI), Justice Rosaline Patricia Bozimo, said the seminar offered the opportunity for Judges to interact with stakeholders on contemporary issues regarding shipping, international trade and other related matters, with a view to imbibing international best practices.
“This is in addition to the overall objectives of improving the standard of maritime law practice, as well as equipping Judges with necessary tools to dispense justice efficiently”, she added.
According to Justice Bozimo, the Seminar has largely achieved its objectives, as the jurisprudential landmark of Nigerian Admiralty law had developed by way of copious case laws and legislative enactments, all courtesy of the successes of the Seminar over the years.
The Minister of Transportation, Mr. Rotimi Amaechi, said the importance of speedy and efficient handling of maritime cases by the courts, cannot be overemphasised, as in maritime industry, time is money.
Amaechi, who was represented at the event by the Permanent Secretary, Ministry of Transportation, Alhaji Sabiu Zakari, said from its inception in 1995 to date, the objective of the seminar series, was to educate and equip judicial officers with basic contemporary knowledge of the complex and dynamic subject of admiralty law and practice, as it affects administration of justice in Nigeria.
“In the past, dispensation of Admiralty matters has been a slow and tedious process, owing to the fact that, Admiralty law was not taught in our Universities as part of the curriculum, hence, limited or no expert knowledge to guide our Justices/Judges, in disposing such matters.
“This is coupled with the fast pace of development in International Trade law, which exert a lot of strain on our judicial officers, who only come into contact with Admiralty Law for the first time in the court room, when such matters are brought before them for adjudication, either at trial or appeal stage.
“The submissions at the Seminar, have helped the Government in making sound policies, as well as legislative pronouncements in Maritime law and International Trade e.g, the establishment of regulatory bodies for the transport industry, appointment of the Nigerian Shippers’ Council to act as interim economic regulator for the Ports, concessioning of Seaports Terminal operations to private sector, among others”, he said.
In his address, the Chairman, Planning Committee, who is also the Chief Judge, Federal High Court of Nigeria, Hon. Justice A. A. Kafarati, said the topics were carefully selected, to address the prevailing situations in Admiralty law.
According to him, the core benefit of the Seminar, was the need for legal practitioners to deepen critical knowledge base in Maritime laws, for quality adjudication processes in the maritime sector.
For Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, the Government was impressed by the fact that, the Nigerian Shippers’ Council had interpreted its statutory role in a broad manner that recognised the role the Judiciary could play, in ensuring a safe maritime sector that was regulated in a fair manner.
“The Nigerian Maritime space, continues to play a significant role in the economic development of Nigeria, and in the daily welfare of its people. In the light of our reliance on the oil and gas industry, as well as the increasing focus on non-oil exports which are all activities which require a safe and predictable maritime landscape, all agencies and institutions charged with the diverse facets of the responsibility for maintaining the sanctity of our national maritime space, must play their roles diligently and patriotically to ensure our national survival”, he said.
Represented at the event by Mr. Pius Oteh, Special Assistant to the President on Coordination and International Affairs under the Federal Ministry of Justice, Malami acknowledged the daunting challenges of piracy within Nigeria’s shores and in the Gulf of Guinea, oil theft and illegal bunkering, smuggling of diverse goods using the maritime channels, undeclared and under-declared revenues, that should ordinarily accrue to the public treasury from users of ports and sea routes, unlicensed and unregulated fishing within the country’s waters by foreign interests, gun-running and trafficking in persons, among others.
“These are challenges which need to be tackled, through appropriate synergy between the regulatory and security agencies on ground, and the Judiciary which wields the ultimate baton of sanctions over persons who are prosecuted for such offences.
While also making a case for early adjudication of maritime cases, he said, “let us all also work to improve the litigation turn-around time in maritime disputes against the backdrop of extensive resources which may be lost by affected parties, when litigation or arbitration drags on for too long”.
In their goodwill messages, Chief Justices from the Gambia, Sierra Leone and Ghana, stressed the need for synergy and more cooperation within the sub-region.
Chief Justice of the Gambia, Justice Hassan Jallow, said Admiralty law had not been included in the University curriculum of
his country, noting the impact of this on the timely resolution of maritime cases.
Jallow said Nigeria and Gambia shared similar experiences in the legal system, and there were significant ways both countries could work together to achieve more synergy.
He said that, the Seminar had impacted participants from his country, as they were now abreast with the importance of Admiralty law, which was alien to most Judges in the Gambia.
On his part, Chief Justice of Sierra Leone, Justice Abdulahamid Charm, said although his country gets limited maritime cases, legal practitioners were making efforts to familiarise themselves with the law.
He admitted that Maritime law was part of the curriculum of schools in the country, adding that efforts would be made to equip legal practitioners with the law.
“We don’t have Maritime law in the curriculum of our Universities, and we are ready to discuss with the authorities to introduce it.
“Because, that will really help to fully equip our Judges and Lawyers, when they have such cases in court.
“We are honoured to be invited to participate and broaden our knowledge on Maritime law, and how we can effectively deal with maritime legal issues when they arise.
“Law is dynamic and it is critical, we continue to update our knowledge, if we must be efficient. Thus, we will go home with better understanding of Maritime law”, he noted.
Also, Justice Nasiru Sule Nana Gbadegbe of Ghana, acknowledged that the Seminar series, had produced immense benefits for Ghana.
He noted that, he and his team would go with new ideas that would add value to Ghana’s maritime industry.
“It also affords us the opportunity to share knowledge and experiences, in managing maritime industry issues”, he added.
The Executive Secretary, Nigerian Shippers Council, Mr. Hassan Bello, said the participation from other African countries, was key.
“We appreciate the participation of neighbouring countries, because there is no need to have fragmented Maritime laws in the region”, he said, adding that in the next Seminar, there would be a focus on laws that make trade among African countries extremely easy.
“We will focus on laws that unite us. Trade among African countries, is mostly difficult. We need to build the infrastructure. We must bridge the infrastructure and legal gap in trade among African countries”, he said.
Bello also disclosed that the Ministry of Transportation, had set up a steering Committee to work collaboratively with the National Universities Commission (NUC), to see how Admiralty law can be taken as a course in the tertiary institutions.
“The National Universities Commission, has been approached to look into making Admiralty law a compulsory subject (in the Universities). In fact, there is no hiding from that; it must be done.
“We need to have sanctity of contract; we have to respect and effect international treaties, and then, we have to boost our export (profile) for example.
“And we need legal officers – Lawyers and Judges – to be conversant with, it and if we are to be conversant with it, it must start right at the University.
“So, we are pushing with that Committee; very soon, you will hear what the Committee is doing. And I hope that they will establish the teaching of Admiralty Law in our universities’’, he added.
He said that the inclusion of Admiralty law in the curriculum, would serve as the bedrock for future Lawyers and Judges, to resolve maritime cases.
The high point of the opening ceremony, which was chaired by Chief Bayo Sarumi, was the launch of a compilation of papers presented at the 14th Conference by Engr. Mansur Ahmed, who represented Businessman, Alhaji Aliko Dangote.
Topics discussed at the plenary sessions, which were mostly chaired by Justices of the Supreme Court and Court of Appeal included; ‘Rights of a Cargo Owner at the Insolvency of the Carrier-the Hanjin Shipping Experience’, ‘Liability Regime for Carriage of Goods by Rail, Road and Inland Waterways’, ‘Piracy and Armed Robbery at Sea: Judicial Interpretation and Economic Implication’, ‘Application of International Treaties to Nigerian Laws and the Draft Convention on Recognition of Foreign Judicial Sale of Ships: Nigeria’s Position’.
Plenary Chairmen included Supreme Court Justices Paul Adamu Galinje, Amiru Sanusi, Sidi Dauda Baje and Amina Adamu Augie.
Others are Hon. Justice Zainab Bulkachuwa, Hon. Justice U.M Abba Aji, Presiding Justice, Kaduna Division of the Court of Appeal.
While Speakers and Commentators included Supreme Court Justice Chima Centus Nweze, Justice I.N. Buba of the Federal High Court, Lagos, Justice A.O Faji of the Federal High Court, Professor Akin Oyebode, Mr. Mike Igbokwe, SAN, Mrs. Mfon Ekong Usoro (Partner, Paul Usoro & Co), Dr. Kofi Mbiah (Director-General, Ghana Chamber of Shipping), Dr. Kamal Deen Ali (Captain Ghanian Navy), Mr. Yemi Young (Sun Logistics and Marine Services, UK, Ltd), Mrs. Jean Chiazor Anishere (Principal Partner, Ofianyi Chambers), Mr. Chikwendu Madumere (Madumere & Madumere Legal Practitioners) and Mrs. Oritsematosan Edodo Emore, amongst others.