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ABSTRACT
It
is trite law that jurisdiction is fundamental to adjudication on any matter
before the Court. Where the Court lacks jurisdiction, the proceedings and the judgment
of the Court no matter how well conducted and brilliant it may be is a nullity. Section 251
(1)(G) of 1999 Constitution (as amended) has clothed the Federal High Court with exclusive
jurisdiction in matters relating to admiralty. Further to this, section 1 (1)
(a) – (j) of Admiralty Jurisdiction Act exemplify the jurisdictional power of
federal high court in admiralty matters to the exclusion of any other court.
This paper is guided by a litmus question; despite the above provisions of law,
can
there be a situation in which there will be departure from the exclusive
jurisdiction of Federal High Court? This
paper attempts to answer this question in favor of National Industrial Court.
It is our submission that National Industrial Court as well can determine some
matters related to admiralty jurisdiction. We further submit that it is high
time the provisions of Admiralty Jurisdiction Act be amended.
is trite law that jurisdiction is fundamental to adjudication on any matter
before the Court. Where the Court lacks jurisdiction, the proceedings and the judgment
of the Court no matter how well conducted and brilliant it may be is a nullity. Section 251
(1)(G) of 1999 Constitution (as amended) has clothed the Federal High Court with exclusive
jurisdiction in matters relating to admiralty. Further to this, section 1 (1)
(a) – (j) of Admiralty Jurisdiction Act exemplify the jurisdictional power of
federal high court in admiralty matters to the exclusion of any other court.
This paper is guided by a litmus question; despite the above provisions of law,
can
there be a situation in which there will be departure from the exclusive
jurisdiction of Federal High Court? This
paper attempts to answer this question in favor of National Industrial Court.
It is our submission that National Industrial Court as well can determine some
matters related to admiralty jurisdiction. We further submit that it is high
time the provisions of Admiralty Jurisdiction Act be amended.
