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LogoDaily 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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