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Daily Independent Online.
* Friday, July 23, 2004.
Encourage Cargo
Defence Fund, stakeholders advise govt
By Muyiwa Dare
Maritime
Reporter, Lagos.
The Cargo Defence
Fund, established by the Nigerian Shippers Council (NSC), has been
described as a laudable scheme, which should be encouraged and made to
achieve its fullest potential in the best interest of Nigerian shippers.
This observation was made in
Lagos in the communiqu�
after the eighth maritime seminar for judges, organised by the council,
in collaboration with the National Judicial Institute.
The communique stated that
efforts should be made to ensure that the fund progressively evolves into
a collaborative scheme with the marine officers committee of the Nigerian
Insurance Association (NIA), leading chambers of commerce and marine and
aviation insurance companies.
The communiqu� also suggested
the need for all litigants and counsel in the Federal High Courts to
comply with the existing high court rules in order to ensure expeditious
handing of maritime actions.
“The divergent provisions of
the admiralty jurisdiction procedure rules of 1993 and the revised Ports
Act 1999 should be harmonised in order to reduce the cost maritime
litigation. There is an urgent need for the Federal Government of Nigeria
to domesticate all pending conventions duly ratified by Nigeria into our
municipal laws in order to fully enjoy the international uniformity of
rules and other benefits accruable there- from.
“The concept of alternative
dispute resolution is highly commendable and should be established in all
states of the federation towards speeding up the administration of
justice,” the communiqu� added.
It was also suggested that it
would be necessary to incorporate the International Safety Management
(ISM) code into the 1976 Limitation of Liability for Maritime Claims
(LLMC) convention along with the 1996 protocol before Nigeria
domesticates the 1976 convention and protocol, since the incorporation of
the ISM code will point to the final decision-making structures and make
it easily possible to identify the attributable persons.
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