Abdul Muhammed Law Practice
Abdul Muhammed Law Practice explains the 5 things that a ship owner needs to know when a ship is arrested in Nigeria.
- Long thing
Arrest of ships in Nigeria could be as a result of pre-judgment arrest in a civil case or as a result of the arrest by law enforcement.
In both case you must work quickly because you might be looking at a long thing – irrespective of how minor the infraction might seem.
- Instruct a lawyer
You should instruct an experienced lawyer without delay. This might make the difference between a 3-month arrest versus a 3-year vessel detention. Things are often not what they seem you need experienced hands.
- Make formal request for release
You should make a written formal request for the release of the vessel and the request must be addressed to the ultimate decision maker. Note that the officer that has the actual custody of your ship might not be the real decision maker for its release.
- Go to court
You should file a case in court within 5 days of the arrest of your vessel. The natural impulse might be to make explanations to the authorities and you might feel sure that issues would be resolved as some misunderstanding and that you would soon be on your merry way and you will be wrong.
It will be a long haul and filing a case of itself might not resolve your time challenges, but filing a case in court is an essential step.
Do you need to secure the release of ship detained in Nigeria?
READ: Caveat against arrest of a ship: Cost saving measures for maritime stakeholders
- Prepare for an expensive undertaking
There is no ‘quick’ way to get the Nigerian Navy to release a vessel under arrest.
You need to be prepared financially for this battle because you must prepare for taking further steps beyond filing a case in court. In our experience ship owners often pay more, many times over just because they were told or imagined that there was a quick fix.
READ: 7 things that every ship owner should know about Nigeria’s Miscellaneous Offences Act
