Ship Arrest in Nigeria: A Practical Guide for Maritime Creditors

Ship arrest is the most dramatic tool in the maritime creditor's arsenal. The ability to detain a vessel, a multi-million dollar asset, until a debt is paid or security is provided concentrates minds remarkably quickly. But the right must be exercised correctly, and time is almost always of the essence.

Here is what Nigerian maritime creditors need to understand about the admiralty arrest process.

Jurisdiction: The Federal High Court

The Federal High Court has exclusive admiralty jurisdiction in Nigeria under the Admiralty Jurisdiction Act 1991 and the Federal High Court (Civil Procedure) Rules. Applications for vessel arrest must be made to the Federal High Court, not state courts.

The speed at which a Federal High Court can issue an arrest warrant is critical, a vessel in port does not stay in port indefinitely.

Maritime Claims That Support Arrest

Not every commercial grievance entitles you to arrest a ship. The Admiralty Jurisdiction Act specifies the categories of maritime claim that give rise to an admiralty action in rem (against the ship itself):

Damage done by a ship
Loss of life or personal injury caused by a ship or its operation
Damage to or loss of goods carried in a ship
Agreement relating to the use or hire of a ship (charter parties)
Salvage claims
Towage
Pilotage
Mortgage or charge on a ship

Cargo claims, charter party disputes, and collision damage are the most common bases for Nigerian arrest applications.

The Arrest Procedure

File a writ in rem: naming the ship as defendant, not merely the shipowner
Apply for an arrest warrant: by motion supported by an affidavit establishing the maritime claim
Serve the warrant: on the ship while it is within Nigerian territorial waters (typically at Apapa or Tin Can Island Ports)
Caveat against release: can be entered to prevent the release of the vessel without notice

The court has no discretion to refuse arrest once a valid maritime claim is established and the court is satisfied the vessel is within jurisdiction, but the application must be made before the vessel leaves port.

Providing Security for Release

A ship owner who wishes to have their vessel released must provide security for the claim, typically by:

Paying money into court
Providing a P&I Club letter of undertaking (LOU)
Providing a bank guarantee

The quantum of security should cover the full value of the claim plus interest and costs. Negotiation over the amount and form of security is common.

Practical Considerations

Speed is everything. If you receive intelligence that a vessel connected to your claim is in Nigerian waters, the window to act may be 24–72 hours. Your counsel must be able to mobilise immediately, preparing the writ, the affidavit, and appearing before a duty judge if necessary.

Identify the correct ship. An action in rem must be brought against the ship that gave rise to the claim, or a sister ship owned by the same beneficial owner. Arresting the wrong vessel has serious consequences.

Consider wrongful arrest liability. If your arrest application is brought without reasonable grounds, you may be liable in damages to the shipowner. The grounds for your claim should be properly assessed before you file.

Port authority cooperation. Practical arrest requires coordination with the Nigerian Ports Authority and port agents. Experienced admiralty counsel will have established relationships with port authorities that make this process efficient.

After the Arrest

If security is provided and the vessel released, the dispute proceeds to trial or arbitration in the usual way, but you have secured the shipowner's commitment to the proceedings.

If no security is provided, you may apply for the ship to be appraised and sold. Ship sale proceedings are procedurally complex and relatively rare in Nigeria, but the jurisdiction exists.

Kunle Sulyman Chambers has a dedicated maritime practice with rapid-response capability for ship arrest applications. If you have a time-sensitive admiralty matter, contact us immediately.