MARITIME AND ADMIRALTY PRACTICE IN NIGERIA AND UNITED STATES OF AMERICA: A COMPARISON

Abstract

The sea is a vital channel or a means by which businesses and commerce are traded and conducted. In addition, the sea is the conduit pipe of voyage, and a valuable source for mineral exploration. Power is generated from the sea and the sea has served as important source of the blue economy. The sea is one of the natural resources nature had blessed Nigeria with. Nigeria, as a riverine nation is domiciled strategically on the west coast of the African continent. It is believed that Nigeria has a very robust maritime law to control and protect her oceanic activities, regardless of the several changes that have taken place in the maritime sector. Similarly, the maritime law of the United States has grown and changed under the new American maritime activity. America, like Nigeria is also endowed with navigable waters through which it carries out its commercial activities on the sea. Both countries had exercised jurisdiction over matters relating to admiralty issues. In this regard, admiralty jurisdiction is concerned with the authority a nation has to entertain and determine some types of cases from actions that occurred on the high seas or other navigable waters. Maritime law cases can arise in respect of civil wrongs, torts or criminal offences. In this aspect of law, jurisdiction may be extended to contractual disputes that arise as a result of maritime law, such contracts included but are not limited to the payment of wages to seaworkers or seamen, movement of persons or cargo from one sea of lading or departure to another sea of berthing, maritime liens and other maritime claims.The problems the research addressed is how are the maritime industries faring in both Nigeria and America, are the laws in the maritime sectors well implemented in both jurisdictions? The research found out that maritime laws needs to be improved upon in the Nigeria and America. The study adopted the doctrinal legal research method by consulting primary and secondary sources of law based on academic textbooks, and peer reviewed journals in maritime area, and made some recommendations at the end of the paper.