shippingposition
  • Home
  • News
  • Editorial
    • Vox Pop
  • Maritime safety
  • Oil and Gas
  • Personality
  • Health
No Result
View All Result
shippingposition

Home » Ihenacho Cautions Judiciary On Arbitrary Arrest Of ships

Ihenacho Cautions Judiciary On Arbitrary Arrest Of ships

by Joshua
June 15, 2012
in Uncategorized

Former Minister of Interior, Captain Emmanuel Ihenacho, has advised the judiciary to exercise caution and fairness in granting applications for the arrest of vessels on Nigerian waters. In addition, the judiciary should strive to develop a legal framework which is fair, equitable, humane and efficient for ship arrests.
Captain Ihenacho, a renowned master mariner and ship owner, gave the counsel in Abuja at the just-concluded maritime seminar for judges. He advised the judges not to become willing tools for arbitrary arrest of ships on Nigerian waters.

Former Minister of Interior, Captain Emmanuel Ihenacho, has advised the judiciary to exercise caution and fairness in granting applications for the arrest of vessels on Nigerian waters. In addition, the judiciary should strive to develop a legal framework which is fair, equitable, humane and efficient for ship arrests.
Captain Ihenacho, a renowned master mariner and ship owner, gave the counsel in Abuja at the just-concluded maritime seminar for judges. He advised the judges not to become willing tools for arbitrary arrest of ships on Nigerian waters.
Highlighting the grave consequences of arbitrary and indicriminate arrest of ships, Capt. Ihenacho said the arrest of a ship normally heralds the onset of a period of serious operating and trading difficulty for the carrier or ship owner. The arrest of a ship, he said, effectively disrupts the operation of the ship making it difficult for the ship owner or carrier to deliver on contractual obligations.
He explained that the interference with the trading of the vessel and the consequent failure of performance by her owners or charterers generally leads to the disruption of the vessel’s income stream as any pending or projected freight or hire income becomes difficult to realize since charterers and receivers would not want to honour further payment commitments until the pending matter is settled.
“Whilst the ship’s income expectation is thus interdicted by the incidence of an arrest, the operating cost obligations of the vessel will not necessarily abate as a result of the execution of the warrant of detention,” he further explained, adding that because of the nature of shipping operations where vessels should be maintained in operating condition at all times, whether trading or not, the operating cost is not only maintained during the period of arrest but may also escalate. Such costs, he explained, include crew wages and victualling requirements, surveys and certification since the ship must be kept in operating shape.
According to Ihenacho, the stoppage of the ship’s revenue inevitably worsens the carrier or ship owner’s position leading to deterioration of the ship’s standard of upkeep, safety and seaworthiness. Invariably, the crew would become restive and this may lead to Port State Control problem and more trouble for the ship owner. If the trouble continues, the seamen may also join the court action because of a backlog of unpaid wages.
“The absence of a revenue stream to assuage the operating service cost requirements invariably exacerbates the ship owner or carrier’s position inexorably leading to a deterioration of standards of upkeep, safety and seaworthiness on the vessel. The seamen onboard begin to fret and to suffer; Port State control interdiction becomes more likely, additional claims from aggrieved third party charterers, suppliers or receivers may also occur. As the agony progresses, the seamen onboard invariably join the court action at some point, placing a lien on the vessel in claim for back wages owed.”
This development, Ihenacho said, may make the ship owner’s business to slip into distress. “The vessel may be auctioned, the seafarers lose their jobs, the ship owner loses his business, all the multiplier benefits associated with the primary activity of shipping production become negatively impacted,” he stated.
The former Interior Minister regretted that this type of scenario has been a true reflection of what has been repeating itself in the nation’s legal jurisdiction which does not do the reputation of the nation any good.
He stressed that though a genuine claim could be brought against a ship and her owner when the need arises, the process of achieving this must be fair and equitable to the ship owner whose lifetime investments are at stake. This is because sometimes the claim being pursued may not be comparable to the value of the vessel which is casually arrested.
He advised ship owners and charterers whose ships trade to Nigeria to ensure that their P&I policies are fully updated to indemnify the ship to continue to trade in case of threat of arrest while any ensuing legal battle continues.
He said the judges have a major and significant role to play in deterring the fraudulent use of the arrest instrument as an easy tool for beating ship owners into submission in court cases where the claimant may not even have the case on his side.


Related Posts

Despite ₦5.17trn Surplus, Dollar Dominates Nigeria-China Trade As Naira-Yuan Swap Struggles

Despite ₦5.17trn Surplus, Dollar Dominates Nigeria-China Trade As Naira-Yuan Swap Struggles

June 30, 2025
Meningitis: Death Toll In Kebbi Hits 56 – Govt 

Meningitis: Death Toll In Kebbi Hits 56 – Govt 

March 24, 2025
Navy Rescues 8 Police Officers,1 Civilian From Boat Accident In Bayelsa

Navy Rescues 8 Police Officers,1 Civilian From Boat Accident In Bayelsa

January 8, 2025
PHOTO NEWS: SIFAX Thanksgiving and Night of Praise 2.0

PHOTO NEWS: SIFAX Group Thanksgiving and Night of Praise 2.0

December 18, 2024

Discussion about this post

Latest News

Duty-Free, But Not Trouble-Free: Mixed Reactions Trail UK’s Trade Window For Nigerian Exports

Duty-Free, But Not Trouble-Free: Mixed Reactions Trail UK’s Trade Window For Nigerian Exports

July 14, 2025

At Last, Lekki-Epe Corridor Stakeholders Agree On August 1st Enforcement Date For E-Call-Up 

Nigeria Losing Billions To Boat Importation As Indigenous Operators Urge Local Shipbuilding Drive

Court Ruling Against CRFFN’s Regulatory Powers Tears Customs Brokers Apart   

Oyetola Reaffirms Commitment to Logistics Reform, Commissions Zenith Carex HQ

Let the Council for the Regulation of Freight Forwarding in Nigeria Breathe

MONDAY INTERVIEW: “70% of the crew of Ocean Dragon are Nigerians”— Mrs Bernadine Eloka 

KNOW YOUR BODY PARTS: Body Mass Index (BMI)

Less Salt, Longer Lives: Nigeria’s Push For A Healthier Future

The Usefulness Of Watermelon Seeds You May Not Know

NPA Bags NASS PAC Transparency Award

Nigeria Customs Says Claim Of Form ‘M’ Migration Charges False

kindly like our Facebook page

Health

The Usefulness Of Watermelon Seeds You May Not Know
Health

The Usefulness Of Watermelon Seeds You May Not Know

July 14, 2025

Watermelon is one fruit that’s hard to resist when it gets too hot. It’s sweet and is high in water...

KNOW YOUR BODY PARTS: THE HEART

KNOW YOUR BODY PARTS: THE HEART

June 30, 2025
Why Your Favourite Seasoning Cubes May Be Hurting Your Kidneys

Why Your Favourite Seasoning Cubes May Be Hurting Your Kidneys

June 30, 2025
Contraceptive Pills Can’t Cause Cervical Cancer – Expert

Contraceptive Pills Can’t Cause Cervical Cancer – Expert

June 30, 2025
ONIONS: The Good Old Healing Vegetable

KNOW YOUR BODY PARTS: The Liver

June 16, 2025
ONIONS: The Good Old Healing Vegetable

ONIONS: The Good Old Healing Vegetable

June 16, 2025
Why Prostate Disorder Cases Are Increasing Among Nigerian Men – Experts

Why Prostate Disorder Cases Are Increasing Among Nigerian Men – Experts

June 1, 2025
20m Nigerians Live With Mental Health Issues, Says WHO

20m Nigerians Live With Mental Health Issues, Says WHO

June 1, 2025
Health Facts You Didn’t Know

How Your Habit Affects Fertility

May 19, 2025
Fruits For Raining Season

Fruits For Raining Season

May 19, 2025

© 2021 Shippingposition

Navigate Site

  • Home
  • About Us
  • Contact us
  • Privacy Policy
  • Sitemap
  • Terms

Follow Us

No Result
View All Result
  • News
  • Coast To Coast
  • Oil and Gas
  • Maritime Education
  • The Terminals
  • Maritime safety

© 2021 Shippingposition