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HOW TO ARREST A SHIP IN NIGERIA
Step by step guide on how to arrest a ship in Nigeria.
CHAMAN LAW
5/11/20241 min read
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To arrest a ship in Nigeria, you would typically follow these general steps:
1. Obtain a Maritime Lawyer: Engage a qualified maritime lawyer in Nigeria to represent you in the arrest proceedings. They will guide you through the legal process and ensure compliance with the applicable laws.
2. Obtain a Maritime Claim: Before arresting a ship, you need a valid maritime claim against the shipowner. This claim could arise from unpaid debts, damages, or breach of contract related to maritime activities.
3. File a Writ of Summons: Your lawyer will prepare a Writ of Summons to commence the action. This document formally initiates the legal proceedings against the shipowner.
4. File an Affidavit in Support of Arrest: You will need to submit an affidavit detailing the grounds for arresting the ship and the reasons for the maritime claim. This affidavit will be filed along with the Writ of Summons.
5. Apply for Arrest Warrant: Your lawyer will apply to the court for an arrest warrant, which authorizes the enforcement agency (usually the Nigerian Maritime Administration and Safety Agency - NIMASA) to arrest the ship.
6. Ship Arrest: Once the court issues the arrest warrant, NIMASA or other designated enforcement agencies will arrest the ship upon its arrival at a Nigerian port.
7. Custody and Security: The arrested ship will be kept in custody at the port, and security measures may be taken to ensure the ship remains in place.
8. Legal Proceedings: After the ship's arrest, legal proceedings will commence. The court will review the case, and the shipowner will have an opportunity to defend themselves.
It is crucial to note that the process may vary depending on the specific circumstances and the applicable laws at the time of the ship's arrest. As laws can change, it's essential to consult with a qualified maritime lawyer in Nigeria for the most up-to-date and accurate guidance
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