A non-governmental organisation, Citizens Whistleblowers Coalition (CWC) has raised the alarm over an order issued by a court in London stopping litigations in Nigeria against the shipping giant, MSC Mediterranean Company S.A. (MSC) for services rendered by the company within the country.
A copy of the injunction dated December 29, 2024 and issued by Hon. Mrs. Justice Dias of the High Court of Justice, Business and Property Courts of England and Wales; Commercial Court (KBD) said “until the return date or further order, the defendants shall not commence, bring, continue or prosecute any claims, actions or proceedings relating to the disputes against the Claimants (or against “Mediterranean Shipping Company S.A.”) in any court or tribunal, including without limitation, any court or tribunal in Nigeria, except in the Courts of England and Wales.
The order also provided that the defendant shall not “oppose any application made by the claimants to stay the Nigerian proceedings or to adjourn any hearing or procedural deadline in the Nigerian Proceedings.”
The court also ordered that the defendants shall not “commence, bring, continue or prosecute any claims, actions or proceedings that seek to restrain or require termination of or impose sanctions upon on otherwise interfere with the first claimant’s pursuit of its claims before this court in relation to the disputes”.
But, speaking with journalists in Port Harcourt, CWC’s head of Research and Monitoring, Nafiu Ibrahim, said the anti-suit injunction stopped Nigerian companies from litigating admiralty matter against MSC in Nigeria.
The NGO clarified that the MSC was basically asserting in London that they could not be sued in Nigerian court for infractions arising from shipping services rendered to Nigerians in Nigeria.
It said in the action filed in London with Suit No: CL-2024-000700, MSC was alleging that there was an exclusive jurisdiction clause in their terms of engagement which gave the High Court in London the exclusive jurisdiction over shipping services rendered to Nigerians and Nigerian companies in Nigeria.
The NGO said the exclusive jurisdiction clause had given the MSC the right to take Nigerians or Nigerian companies anywhere in the world to enforce a claim against them but that Nigerians or Nigerian companies dissatisfied with MSC’ shipping services could only take MSC to the High Court in London.
“The idea and insistence that Nigerians and Nigerian companies can only sue MSC in London for services rendered in Nigeria is a cause for concern. It is a spite on Nigeria’s sovereignty and a calculated attempt to undermine Nigerian laws and civil justice system,” the NGO said.
The CWC explained that the Nigerian law is clear on the admiralty jurisdiction of the Federal High Court in admiralty matters connected with Nigeria.
It said, “Section 20 of the Nigeria Admiralty Jurisdiction Act provides that parties cannot take away the jurisdiction of the Nigeria court to entertain an admiralty matter where the place of delivery is in Nigeria or any of the parties reside in Nigeria.
Quoting Section 20 of the Admiralty Jurisdiction Act, the NGO said, “Any agreement by any person or party to any cause, matter or action which seeks to oust the jurisdiction of the Court shall be null and void, if it relates to any admiralty matter falling under this Act and if— (a) the place of performance, execution, delivery, act or default is or takes place in Nigeria; or (b) any of the parties resides or has resided in Nigeria ……”.
The CWC said the provision sought to protect Nigerians when dealing with shipping giants like MSC that would want to undermine the civil justice system in Nigeria.
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