The Arrest of Ship Regime in Nigeria: Lessons from South Africa

Abstract

Nigeria and South Africa are the biggest economies in Africa, and they engage in substantial shipping and international trade. Therefore, effective shipping and trade legislation is a requisite for the resolution of disputes that may arise, and ship arrest is an important mechanism to resolve such disputes. This article employs the doctrinal legal methodology to reach a comparative analysis of ship arrest procedures in Nigeria and South Africa, and argues that the South African legal framework regarding ship arrest is more liberal and friendly than that of Nigeria. Given the plethora of trade arrangements involving both countries, this article recommends that Nigeria adopts some of the unique provisions of the South African arrest regime through legislation. It is also suggested that Nigerian courts should interpret the admiralty jurisdiction legal instruments to align with the local needs of the country.