Symphony and Maintenance of Seized Ships: Experimenting U.S Maritime Court’s Practice in Nigeria

Abstract

Maintaining and managing seized ships is a critical aspect of the maritime industry worldwide. In countries such as the United States, measures are implemented to ensure that seized vessels are adequately managed and maintained during maritime proceedings. In contrast, when a ship is seized in Nigeria, there is often little assurance that the responsible authorities will maintain the vessel efficiently. Therefore, it is essential to investigate the reasons behind this lack of assurance and to identify potential solutions to improve the current state of the country’s maritime sector. This research employs a doctrinal methodology, analyzing statutory provisions and case law to collect data from legal textbooks, journal articles, and various online resources. This paper aims to discuss the circumstances under which states can seize ships, the procedural framework for ship arrest in Nigeria, and the forfeiture of vessels. Additionally, it compares these procedures with practices in the U.S. maritime sector, examines the challenges faced by the Nigerian maritime industry, and offers recommendations for improving ship maintenance. These recommendations include the establishment of a dedicated Maritime or Admiralty Court and the implementation of a bond system by the owners of seized vessels for their release pending the resolution of maritime proceedings, as practiced in the U.S..