ADMIRALTY ACT: NATIONAL INDUSTRIAL COURT VOIDS CONFLICTING PROVISIONS

Hon. Justice Polycarp Hamman of the National Industrial Court of Nigeria, Port-harcourt Judicial Division has dismissed the preliminary objection filed by Seateam Offshore Ltd in a matter brought by Akuroma Stephen for lacking merit.

The Court voided section 2(3)(c)(d)&(r) of the Admiralty Jurisdiction Act 2004 for being inconsistent with the constitutional provisions vesting the National Industrial court with exclusive jurisdiction over labour and employment-related matters.

Justice Hamma held that with the coming into effect of the 3rd Alteration which is now section 254(C) of the 1999 Constitution, (as amended), the argument of Seateam Offshore Ltd., challenging the jurisdiction of the Court was misplaced and of no moment.

From facts, the Defendant - Seateam Offshore Ltd., had filed a Notice of Preliminary Objection challenging the jurisdiction of the court and argued that the case of Mr. Akuroma is in the nature of maritime claim which can only be entertained exclusively by the Federal High Court, and the Admiralty Jurisdiction Act has nothing in the 3rd Alteration Act, conferring jurisdiction on the Industrial Court in cases involving a seaman and the owner of a ship, and urged the court to strike out the suit for want of jurisdiction.

Counsel to the claimant (Mr. Akuroma), I.D. Wariboko Esq., argued that the third alteration which conferred jurisdiction on the Industrial court has overridden the provisions of section 2(3)(d) and (r) of the Admiralty Jurisdiction Act, and urged the Court to refuse the application and assume jurisdiction in the matter.

In a well-considered ruling, the presiding Judge, Justice Polycarp Hamman held that the argument of defence counsel on jurisdiction was misplaced and of no moment and that the Industrial Court being a specialized court created for expeditious determination of all labour and employment-related matters, exercises its jurisdiction to the exclusion of any other court in this country (including the Federal High Court).

Justice Polycarp stated that the case of Mr. Akuroma falls within the circumscribed jurisdiction of the Industrial Court being claims relating to the health and safety of a worker while onboard a ship and working for the firm.

The Court ruled that section 2(3)(c)(d)&(r) of the Admiralty Jurisdiction Act Cap. A5 LFN 2004 offends section 254(C) of the 1999 Constitution, as amended, and declared same as void to the extent of its inconsistency with the constitutional provisions vesting Industrial court with exclusive jurisdiction over labour and employment-related cases.

Comments

GOVERNMENT COLLEGE IBADAN OLD STUDENT DOCKED OVER ASSAULT ON FEMALE LAWYER

An Iyaganku Chief Magistrate court has remanded in prison custody, a 59 year old ex-student of Government College Ibadan, Debo Adegbola over a three count charge bothering on indecent touching, sexual assault and breach of public peace. The accused, who is an automobile dealer who pleaded not guilty to the charges had on Saturday, 17th February, 2024, at a burial party in a popular event center along poly Eleyele road in Ibadan, indecently touched the victim in sensitive parts of her body publicly without her consent. Adebowale, was also said to have slapped the victim, who is an Ibadan based female legal practitioner countless number of times in the process of the assault. Still not satisfied, Debo Adegbola was alleged to have picked up a bottle and smashed it on the head of the victim, thereby breaking her skull in the process, causing her grievious injury leaving her in a pool of blood before she was rushed to a private hospital around Bodija area of Ibadan for first aid treat...

OYO ASSEMBLY TO CONFIRM JUSTICE TAJUDEEN ABDUL'GANIYU AS PRESIDENT, CUSTOMARY COURT OF APPEAL

Oyo State Governor, Engr Seyi Makinde has forwarded a letter requesting for the confirmation of appointment of Hon. Justice Tajudeen Muhammad Abdul Ganiyu as the President Customary Court of Appeal, Oyo State to the State House of Assembly. The request follows the recommendation of Hon. Justice Tajudeen Muhammad Abdul Ganiyu to the National Judicial Council as President of the Court of Appeal by the Oyo State Judicial Service Commission. According to the letter, ” Consequent upon the request, the National Judicial Council has recommended Hon. Justice Tajudeen Muhammad Abdul Ganiyu as the new President of Oyo State Customary Court of Appeal.” The position became vacant due to the retirement of former President of the Customary Court of Appeal in Oyo State, Hon. Justice Moshood Akintunde Abass. BIOGRAPHY OF HON. JUSTICE TAJUDEEN MUHAMMAD ABDULGANIYU. His Lordship, Hon. Justice Tajudeen Muhammed Abdul Ganiyu was born on 19th January 1962. He attended Bayero University, Kano between 1...

COURT FORFEIT TWO OIL BUNKERING VESSEL TO GOVERNMENT

Two Federal High Courts sitting in Abuja has ordered the forfeiture of MT Kali and MT Harbor Spirit, two bunkering vessels to the Federal Government of Nigeria. The two vessels were recently arrested by operatives of TSSNL in conjunction with the special task force set up by the Chief of Naval Staff, Vice Admiral Emmanuel Ogalla. Delivering an interim order of forfeiture in the case filed by Inspector General of Police (IGP) Kayode Egbetokun, Justice J. K. Omotosho yesterday ordered that MT Harbor Spirit and its content be forfeited to the Federal Government pending when any party might show cause why the order should not be made final within six months. The police, in the charge between the IGP v. MT Kali & 22 others, had arraigned the vessel and its crew members before Justice J. O. Abdulmalik. The court ordered the sale of the stolen crude oil contained in the impounded ocean-going equipment by the Nigerian National Petroleum Company Limited (NNPCL), and also directed that the p...

ZYNGA NEWS

Search This Blog