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Justice Walter Onnoghen
The 15th International Maritime Seminar for Judges was concluded in Abuja with participants focusing on the applicability of international treaties to Nigerian maritime law.
In view of the critical role played by treaties in international life, the participants were of the view that States should domesticate their freely badumed obligations, which are considered fundamental in the relations between and between States and subjects. international law.
The three-day conference attracted the participation of Nigeria. There were judges and state attorneys general, senior officials, maritime operators and academics.
Organized by the Nigerian Shippers' Council in collaboration with the National Institute of Magistracy (MNI), this seminar was aimed at The seminar also allowed for the exchange of ideas and experiences, particularly in this area. concerning the implementation of international treaties, piracy and armed robbery at sea as well as other legal issues arising from the law.
The former dean of the Law School of the University of Lagos, Professor Akin Oyebode, while addressing the participants, argued that although international law prescribes the 39, obligation to implement treaties in a federal system of government, Implementation is often hampered by problems arising from the division of powers between the federal government
He also referred to the article 12 of the 1999 Constitution, which states that no treaty between the federation and any other country has the force of law except to the extent that the National Assembly has promulgated such a treaty.
"However, it should be noted that not all treaties concluded by Nigeria justify the implementation by enabling legislation." Only those who influence in one way or another the existing legislation must be implemented by legislation. "As a result, treaties that impose financial, political and social costs, or that are strictly scientific or technological in nature, require legislation for their implementation, whereas mutual exchanges or cultural agreements need not necessarily be implemented. by legislation, "said Oyebode.
In his response, the Director General of the Ghana Chamber of Commerce, Dr. Kofi Mbiah, asked if the constitution is inferior to international law since it can not serve as a justification for flouting the international law.
He adds that the supremacy of international law in the international arena does not imply that judges of municipal courts of the state must override local law and in his view, a very important aspect of the law. 39 adherence to the principles of international law is the duty, not only to accept the instruments, but also to implement its principles.
The Executive Director of the Center for Maritime Law and Safety in Africa, Mr. Kamal-Deen Ali, regretted that since piracy has been the subject of long-standing international attention, legal framework and the judicial interpretation of the crime had not yet been fully defined.
He noted that both in local law and in international law, the legal evolution of the law on piracy was marked. difficult questions of definition, interpretation and practical application of the law to the facts.
With the increase in pirate activity, the Executive Director warned that one could expect a high legal interest only for piracy. With global shipping and maritime, economic and national concerns, the interest in the legal framework for piracy and armed robbery will remain high on the global agenda, "he added. [19659003Hedescribedpiracyasoneoftheothercrimesincludinggenocidewarcrimesandcrimesagainsthumanity
He also reprobated that even though piracy is considered a crime under universal jurisdiction, some practical and legal obstacles prevented "
" In no case do all states have adequate and up-to-date national laws to criminalize piracy. "In addition, prosecution costs and incarceration have strongly discouraged action.
Earlier in the opening of the seminar, Nigeria's Chief Justice (CJN), Judge Walter Onnoghen, asked judges to 39, acquire training in maritime law. noghen, who emphasized the crucial role of the maritime sector in the nation's economy, however felt that the Nigerian judicial system has not failed to play the constitutional role in the growth of the maritime sector.
Yet, "the economic development of the country through effective judicial interpretation and the resolution of conflicts emanating from the sector is indispensable," he said.
He added that the necessary skills in the administration of law and the practice of the admiralty. in the justice system was imperative because the judgment on such a subject can only be made optimally when the judges
"The many respectable international conventions and treaties on the subject make the sector evolve constantly. Discussions on the applicability of international treaties to Nigerian law will broaden the knowledge base of participants sharing their experiences. "
Judge Onnoghen added that the domestication of certain principles of international admiralty laws in the Nigerian legal framework was significant." Similarly, a discussion on a draft convention on the recognition of foreign judicial sales ships was necessary to effectively secure maritime claims and enforce foreign judgments and arbitral awards or other documents against shipowners. "
he emphasized that ADRs were effective, noting that the process of conciliation and mediation had resulted in a speedy resolution of maritime affairs.
In addition, the Attorney General of the Federation and Minister of Justice, Abubakar Malami), stated that the seminar was in accordance with The Council National Judiciary encourages the training of judges in specialized areas such as s that maritime law.
Given the fundamental role of the maritime sector in facilitating trade and world trade, the Minister emphasized the need "If our judges lack the training and competence to rule on maritime litigation in a fair and effective way, this will undoubtedly lead to a loss of confidence. "Given our dependence on the oil and gas industry and the growing focus on non-oil exports, all of which require a safe and predictable maritime landscape, all agencies and institutions responsible for the various facets of the responsibility of maintaining the sanctity of our national maritime space must play their part diligently to ensure national survival, "He lists the challenges posed by piracy, illegal bunkering and smuggling of goods by sea, the minister called for synergy between regulatory and security agencies as well as the judiciary
.Transport, Chibuike Amaechi, has decried the non-inclusion of the law of l & # 39; Admiralty in the school curriculum This, he said, was responsible for the slowness of the application of admiralty law, as judges and judges they had adequate knowledge to guide the settlement of such cases
"This, coupled with the rapid pace of development of international trade law, is putting pressure on our bailiffs who are not in touch for the first time with the right of law enforcement. 39 admiralty in the courtroom, when these issues are brought before them for arbitration, "he noted
. May Mala Buni, chairman of the board of directors of the Board, said that the marine industry, one of the most revenue-generating sectors, deserved to be
It also urged lawyers and maritime judges to always avail themselves of such opportunities to deepen their knowledge of the sector
. As we all know, maritime trade is international in nature, so I urge our maritime experts to participate regularly in international seminars in order to broaden their knowledge and be better able to deal with issues related to the development of the sector, "he said. There were also Chief Justices and Judges of the West African Subregion at the Seminary
Among them were the Chief Justice of the High Court of The Gambia, Judge Hbadan Jallow, Judge Abdulahmid Cham, and Judge Nasiru Sule Nana Gbadegbe, Judge of the Supreme Court of Ghana
Judge Jallow, who headed a delegation of three men from his country, praised the efforts of the Nigerian Shippers' Council to encourage greater participation in the seminar. 19659003] He noted that the forum served to better understand maritime law, pointing out that the two countries shared many similarities in maritime jurisprudence.
commended the NCJ for deploying three additional judges in the country and expressed the hope that cooperation between Nigeria and The Gambia would continue to flourish.
For Judge Cham and his country's delegation, the annual seminar helped to improve He also denounced the fact that maritime law was not taught in most universities of the sub-region.
According to him, maritime law was not taught. Judge Gbadegbe, in his message of goodwill, also admitted that "due to the crucial position of the maritime sector in relation to the economy of the different countries, the" seminar was of a immense value for sharing experiences with judges on how they deal with maritime affairs, "he noted. 19659051] !! (F, b, e, v, n, t, s) {if (f.fbq) returns; n = f.fbq = function () {n.callMethod?
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