Nigeria Finally Opens To The Procurement Of Security (Via Ship Arrests) In Support Of Maritime Claims In Foreign Courts Or Arbitral (Foreign And Local) Proceedings

For over two (2) decades, the practice in Nigeria was that an action could not be maintained at the Federal High Court (“FHC”), where it was solely based on obtaining an arrest order as security for a claim pending in foreign courts or arbitration proceedings (local and foreign). This stems from the long-standing decision of the Supreme Court in the S. ARAZ case. 

However, the Admiralty Jurisdiction Procedure Rules, 2023, (the “AJPR 2023”) has departed from this old position by the introduction of Order 7, Rule 8.

This article analyzes Order 7, Rule 8 of the AJPR 2023 in comparison with the S.ARAZ case, explores the English law position, and outlines the procedure for securing claims at the FHC in foreign courts or arbitral (foreign and local) proceedings.