What “Top” Really Means in Maritime Practice

Speed & court craft: same-day arrest papers, orders at the Federal High Court, coordination with the Admiralty Marshal/Sheriff.

Technical fluency: charterparty clauses, Hague-Visby/COGSA, laytime/demurrage, seaworthiness, causation, survey evidence.

Security strategy: Letters of Undertaking (LOU), bank guarantees, P&I engagement, counter-security planning.

Cross-border alignment: Nigerian interim relief while the merits proceed in a foreign seat (often London).

Regulatory depth: cabotage compliance under the Coastal and Inland Shipping (Cabotage) Act; interface with NIMASA.

Marine insurance: coverage analysis, warranties, subrogation and layered recovery.

Nigeria’s Maritime Framework (Fast Context)

Forum & Remedies

Admiralty jurisdiction lies with the Federal High Court. Remedies include in rem proceedings, arrest (including sister-ship arrest subject to ownership tests), security for claims, and structured release undertakings.

Limitation

Nigeria recognises limitation consistent with the LLMC 1976 as amended by the 1996 Protocol, domesticated under the Merchant Shipping Act.

Cabotage

The Cabotage Act restricts coastal carriage to Nigerian-owned/crewed/built vessels, with a waiver regime shaped by policy cycles.

Common Matters & How Counsel Adds Value

Ship Arrest & Security

Draft claim form/affidavits, ex parte motion, undertaking as to damages; arrest logistics with the Admiralty Marshal; negotiate LOU/bank guarantees; prepare release applications.

Charterparty & Cargo

Laytime/demurrage models, off-hire and speed/consumption issues, unsafe port/berth allegations, misdelivery/contamination/short-landing; manage NOR, SOF, C/P, B/L, survey and lab reports.

Collisions / GA / Salvage / Pollution

Rapid incident response; joint surveys; GA security; clean-up obligations, fines and authority liaison.

Marine Insurance

Coverage disputes and warranties; subrogated recovery actions against carriers/terminals.

Ports, Terminals & Logistics

Operations contracts, concession/commercial terms, indemnities, risk allocation and financing support.

Quick Arrest Checklist

• Contract papers: Charterparty, B/L, NOR, SOF, invoices, demurrage calculations.
• Evidence: survey reports, photos, lab analyses, email trails.
• AIS/port arrival details; proof of ownership/beneficial ownership for sister-ship strategy.
• Draft pleadings/affidavits; letter of authority/POA; fee and sheriff deposits.

Timelines & Costs

Same-day filings are possible with a ready brief; timing depends on court schedule and vessel ETA/ETD.

Costs include filings, service, Admiralty Marshal/Sheriff deposits, and potential counter-security. Many clients opt for a fixed fee for the arrest stage and hourly/capped fees for merits/arbitration support.

Worked Example: Demurrage & In Rem Arrest

Issue

Demurrage is owed under a voyage charter; the charterer’s Nigerian assets are thin. Can the owner arrest in Lagos?

Rule

The Federal High Court exercises admiralty jurisdiction; demurrage from carriage/charter is a maritime claim. Limitation follows the MSA/LLMC framework.

Application

Where ownership/beneficial ownership ties the vessel (or a sister-ship) to the defendant, an ex parte arrest can be sought; anticipate counter-security and immediate P&I engagement.

Conclusion

A targeted arrest (or credible threat) frequently compels security (LOU/bank guarantee) and sets a timetable for foreign-seat arbitration while preserving leverage in Nigeria.

Briefing Due-Diligence

• Conflict checks across shipowner/charterer/cargo/P&I/terminal interests.
• Arbitration clause management vs. Nigerian interim relief.
• Security strategy & acceptable guarantors.
• Release planning to mitigate port charges and operational loss.
• Clear reporting cadence to principals, brokers and insurers.

Why 1st Attorneys (Shipping & Maritime)

• Urgent arrest & security: same-day filings where papers and deposits are ready; coordination with Admiralty Marshal and port authorities.
• Charterparty & cargo: laytime/demurrage, contamination/short-landing, unsafe port/berth, and misdelivery actions.
• Cabotage & regulatory: compliance/waiver strategy, coastal trade structuring and Nigerian content touchpoints.
• Marine insurance & recovery: coverage advice, subrogation and layered recovery alongside foreign proceedings.
• Cross-border support: coordination with P&I Clubs and foreign counsel; Nigerian evidence, witnesses and interim remedies.

FAQs

Work with 1st Attorneys (Lagos)