Senior Advocate of Nigeria and prominent Maritime Lawyer, Jean Chiazor Anishere has called on the federal government to amend the country’s Merchant Shipping Act by getting it updated with the International Maritime Organisation Safety of Lives at Sea (SOLAS) convention
Speaking at the fourth quarter lecture series of the Maritime Academy of Nigeria, in Oron, Akwa Ibom State, Anishere said the SOLAS as a globally recognised convention which Nigeria is a signatory to was last amended in 2000 while the Nigeria’s Merchant Shipping Act was promulgated in 2007 and has since not been amended.
According to her, the maritime industry is dynamic and laws governing the sector should be updated to reflect the realities of the times. She said such moves would be a proactive approach that addresses emerging challenges, covering areas like technological advancement to solve current problems
Anishere who spoke on “Safety of Lives at Sea : Wither Its Legal Conundrum” described safety as an areas of interest to government and private operators in the maritime industry. She made reference to the legendary Titanic, an I’ll fated vessel that sank in 1912 and went into record as the peacetime maritime accident with the highest casualties of over 1500 persons.
According to her, the builders of the Titanic failed to make consideration for passenger and crew safety which gave birth to SOLAS. She told the cadets that Nigeria ratified the SOLAS convention in 1981 and domesticated it under section 215 of the Merchant Shipping Act of 2007.
She identified evolving maritime landscape, harmonisation of safety standards, hull construction and vessels structural integrity, fire safety standards as key areas that should be looked into in bringing our laws up to speed with current situations.
She commended the Deep Blue Project- a joint initiative between the former Ministry of Transportation and Ministry of Defence as a huge success that has contributed to reduction of criminal activities in the Gulf of Guinea which enjoys backing of the Suppression of Piracy and other Maritime Offences (SPOMO) Act
The Merchant Shipping Act of 2007 is a Nigerian law that covers merchant shipping and related matters. It includes provisions for:
Registration and licensing: of all ships trading in Nigeria The Act also covers the registration, licensing, and marking of ships.
Dangerous goods: The Act includes provisions for the carriage of dangerous goods by ships.
Pollution prevention: The Act includes provisions for preventing pollution from ships.
Ship operation:
The Act states that no ship can operate commercially in or from Nigeria’s waters unless it meets certain conditions. These conditions include being a registered Nigerian ship, having a certificate of foreign registration, or being exempt from registration.
The Act is organized into eight parts: Administration of the Act,Restriction on Trading in Nigeria,Registration and Licensing of Ships,Mortgages,Certifications of Sale,Maritime Liens,Transfers and,Transmissions and Certificate of Competency of Masters and Crew
