The History of Maritime Law in Nigeria: Evolution, Development, and Modern Relevance

The history of maritime law in Nigeria offers an insightful look into how the nation’s legal and economic landscape evolved around sea trade, shipping, and international commerce. Maritime law — often called admiralty law — governs navigation, marine commerce, shipping operations, and disputes arising from activities on navigable waters.

In Nigeria, this body of law has transitioned from colonial English foundations to an independent, modern system aligned with global conventions. Understanding the history of maritime law in Nigeria helps uncover how legal reforms, institutional development, and global maritime engagement have shaped the country’s position as a regional maritime hub.

Colonial Origins: The Birth of Maritime Regulation in Nigeria

The history of maritime law in Nigeria dates back to British colonial rule in the 19th century. Before colonisation, maritime activities were largely informal, regulated by local customs and traditional trade practices along the coastal and riverine areas of the Niger Delta and the Gulf of Guinea.

When British traders arrived, they introduced formal admiralty laws to safeguard their commercial interests. The Colonial Courts of Admiralty Act of 1890 extended British maritime jurisdiction to colonies, including Nigeria, empowering local courts to handle cases related to shipping, navigation, and maritime commerce.

This early framework imported the English Merchant Shipping Act of 1894, establishing the first legal basis for maritime disputes in the region. These colonial instruments formed the bedrock of the early history of maritime law in Nigeria, embedding English legal traditions deep into the Nigerian maritime system.

The Admiralty Jurisdiction in Colonial Nigeria

By the late 19th and early 20th centuries, admiralty jurisdiction was firmly established in colonial courts. The Supreme Court Ordinance of 1876 and later the Supreme Court Proclamation of 1900 granted Nigerian colonial courts the authority to adjudicate maritime disputes.

During this time, maritime law primarily served British commercial objectives, regulating shipping operations, protecting British shipping companies, and facilitating colonial trade routes. Indigenous participation in maritime activities remained minimal, as the laws were designed for external trade rather than domestic development.

Nevertheless, this period laid a lasting foundation for maritime legal administration and marked the beginning of a formalised maritime court system in Nigeria.

Post-Independence Reforms and Indigenous Adaptation

After gaining independence in 1960, Nigeria inherited English common law, including maritime law. However, the country soon embarked on efforts to indigenize and adapt these laws to suit national priorities.

During the 1960s and 1970s, the expansion of the oil industry transformed Nigeria into a key maritime nation. The export of crude oil and importation of petroleum products made maritime regulation critical. The establishment of the Nigerian Ports Authority (NPA) in 1954 (and its post-independence consolidation) signified Nigeria’s first attempt at developing indigenous maritime infrastructure and port management.

Nigeria also became a member of the International Maritime Organisation (IMO), allowing it to participate in global rule-making on shipping safety, marine pollution, and seafarer welfare. The country began to ratify and domesticate major international conventions, aligning national practices with global standards.

The Admiralty Jurisdiction Act of 1991: A Defining Milestone

A defining chapter in the history of maritime law in Nigeria was the enactment of the Admiralty Jurisdiction Act (AJA) of 1991. Prior to this Act, maritime litigation in Nigeria was scattered under outdated colonial statutes and procedural inconsistencies.

The 1991 Act centralised and clarified admiralty jurisdiction, granting the Federal High Court exclusive authority over maritime and shipping-related disputes. Its scope covers:

• Ownership and possession of ships

• Carriage of goods and passengers

• Marine insurance and ship mortgages

• Salvage, collision, and towage

• Maritime liens and limitation of liability

The introduction of the Admiralty Jurisdiction Procedure Rules further enhanced procedural efficiency, ensuring timely and uniform adjudication of maritime cases. This Act remains a cornerstone of Nigeria’s maritime legal framework today.

See Also: The Functions of the Nigerian Upstream Petroleum Regulatory Commission (NUPRC)

Institutional Growth and Maritime Governance

As Nigeria’s maritime industry expanded, the need for robust institutions became evident. Over the decades, the government established several agencies to regulate and oversee maritime operations:

Key Institutions Shaping Maritime Law in Nigeria:

• Nigerian Maritime Administration and Safety Agency (NIMASA) – Established in 2007 through the merger of the National Maritime Authority (NMA) and the Joint Maritime Labour Industrial Council (JOMALIC). NIMASA regulates maritime safety, ship registration, training, and enforcement of international conventions.

• Nigerian Ports Authority (NPA) – Responsible for the management of ports, harbours, and related facilities across Nigeria.

• Nigerian Shippers’ Council (NSC) – Created in 1978 to protect shippers’ interests and ensure fair trade practices in maritime commerce.

• Nigerian Navy and Marine Police – Enforce maritime security and protect territorial waters against piracy and illegal activities.

These institutions demonstrate Nigeria’s evolution from a colonial maritime outpost to a sovereign nation with a comprehensive maritime governance structure.

Integration with International Maritime Conventions

Nigeria’s alignment with international maritime conventions has been a critical component of the history of maritime law in Nigeria. As a member of the IMO, Nigeria has ratified and implemented numerous conventions, such as:

• SOLAS (Safety of Life at Sea) Convention

• MARPOL (Marine Pollution Prevention)

• COLREGs (Collision Regulations)

• Load Line Convention

• STCW (Standards of Training, Certification, and Watchkeeping for Seafarers)

These conventions collectively promote safety, environmental protection, and efficient shipping operations within Nigerian waters.

The passage of the Suppression of Piracy and Other Maritime Offences (SPOMO) Act of 2019 further enhanced Nigeria’s maritime security framework, criminalising piracy, armed robbery at sea, and related offences. This law aligns Nigeria with the United Nations Convention on the Law of the Sea (UNCLOS) and cements its leadership role in combating maritime crime within the Gulf of Guinea.

Modern Challenges in Nigerian Maritime Law

Despite significant progress, Nigeria’s maritime sector faces persistent challenges that continue to shape the modern history of maritime law in Nigeria.
Key issues include:

• Maritime insecurity and piracy, especially in the Gulf of Guinea.

• Port congestion and inefficiency are leading to trade delays.

• Environmental degradation due to oil spills and marine pollution.

• Limited enforcement capacity within maritime regulatory agencies.

To address these challenges, the Nigerian government has launched initiatives such as the Deep Blue Project — a multi-agency maritime security effort involving NIMASA, the Navy, and the Air Force — aimed at enhancing maritime domain awareness and curbing sea crime.

Digital transformation, improved customs processes, and port automation are also being pursued to modernise the shipping ecosystem and attract foreign investment.

Economic Significance of Maritime Law in Nigeria

Maritime law is not just a regulatory framework — it is an economic engine. Over 80% of Nigeria’s international trade moves through the maritime sector. Thus, the history of maritime law in Nigeria reflects the nation’s broader economic trajectory.

Robust maritime laws have fostered investor confidence, encouraged private sector participation in port concessions, and enhanced international shipping relations. By ensuring safety, dispute resolution, and environmental compliance, maritime law supports sustainable economic growth.

Nigeria’s continued reform of maritime institutions and legal frameworks is essential for harnessing the blue economy — encompassing fisheries, offshore energy, and marine tourism — for future prosperity.

The Role of Education and Professional Development

The academic and professional growth of maritime law in Nigeria has been instrumental in strengthening its foundation. Nigerian universities now offer specialised maritime law programs, while professional bodies such as:

• The Nigerian Maritime Law Association (NMLA), and

• The Maritime Arbitrators Association of Nigeria (MAAN)

… promote legal research, arbitration, and training.

Judicial precedents from the Federal High Court and appellate courts continue to refine Nigeria’s maritime jurisprudence, ensuring consistency and clarity in admiralty practice.

Conclusion: The Ongoing Journey of Maritime Law in Nigeria

The history of maritime law in Nigeria is a story of resilience, adaptation, and progress. From its colonial origins under British law to its post-independence evolution and present-day modernisation, maritime law has grown into one of Nigeria’s most dynamic legal domains.

Today, Nigeria stands as a maritime leader in West Africa — guided by modern laws, international partnerships, and a commitment to sustainable maritime governance. Yet, as global shipping evolves with digitalisation, climate change, and new trade realities, the next chapter in Nigeria’s maritime law will depend on continuous reform, innovation, and capacity building.

Ultimately, the history of maritime law in Nigeria is not just a record of legal evolution — it is a reflection of Nigeria’s maritime identity, economic ambition, and place in the global trade arena.