A Non-Governmental Organisation (NGO), Citizens Whistleblowers Coalition (CWC) has raised the alarm over an injunctive order issued by a court in London stopping litigations in Nigeria against the shipping giant, MSC Mediterranean Company S.A. (MSC) for services rendered by the company within the country.
A copy of the exclusive injunction dated December 29, 2024 and issued by Hon. Mrs. Justice Dias of the High Court of Justice, Business and Property Courts of England and Wales; Commercial Court (KBD) said “until the return date or further order, the defendants shall not commence, bring, continue or prosecute any claims, actions or proceedings relating to the disputes against the Claimants (or against “Mediterranean Shipping Company S.A.”) in any court or tribunal, including without limitation any court or tribunal in Nigeria, except in the Courts of England and Wales.
The order also provided that the defendant shall not “oppose any application made by the claimants to stay the Nigerian proceedings or to adjourn any hearing or procedural deadline in the Nigerian Proceedings”.
The court also ordered that the defendants shall not “commence, bring, continue or prosecute any claims, actions or proceedings that seek to restrain or require termination of or impose sanctions upon on otherwise interfere with the first claimant’s pursuit of its claims before this court in relation to the disputes”.
But the CWC in a press statement signed by its Head, Research and Monitoring, Nafiu Ibrahim, said the anti-suit injunction stopped Nigerian companies from litigating admiralty matter against MSC in Nigeria.
The NGO clarified that the MSC was basically asserting in London that they could not be sued in Nigerian court for infractions arising from shipping services rendered to Nigerians in Nigeria.
It said in the action filed in London with Suit No: CL-2024-000700, MSC was alleging that there was an exclusive jurisdiction clause in their terms of engagement which gave the High Court in London the exclusive jurisdiction over shipping services rendered to Nigerians and Nigerian companies in Nigeria.
The NGO said the exclusive jurisdiction clause had given the MSC the right to take Nigerians or Nigerian companies anywhere in the world to enforce a claim against them but that Nigerians or Nigerian companies dissatisfied with MSC’ shipping services could only take MSC to the High Court in London.
“The idea and insistence that Nigerians and Nigerian companies can only sue MSC in London for services rendered in Nigeria is a cause for concern. It is a spite on Nigeria’s sovereignty and a calculated attempt to undermine Nigerian laws and civil justice system”, the NGO said.
The CWC explained that the Nigerian law is clear on the admiralty jurisdiction of the Federal High Court in admiralty matters connected with Nigeria.
It said: “Section 20 of the Nigeria Admiralty Jurisdiction Act provides that parties cannot take away the jurisdiction of the Nigeria court to entertain an admiralty matter where the place of delivery is in Nigeria or any of the parties reside in Nigeria.
Quoting Section 20 of the Admiralty Jurisdiction Act, the NGO said: “Any agreement by any person or party to any cause, matter or action which seeks to oust the jurisdiction of the Court shall be null and void, if it relates to any admiralty matter falling under this Act and if— (a) the place of performance, execution, delivery, act or default is or takes place in Nigeria; or (b) any of the parties resides or has resided in Nigeria ……”
The CWC said the provision sought to protect Nigerians when dealing with shipping giants like MSC that would want to undermine the civil justice system in Nigeria.
It said: ” In this regard, the law preserves the jurisdiction of Nigeria courts in admiralty matters where the place of delivery is in Nigeria or where any of the parties reside in Nigeria. It is only common sense for Nigerian court to exercise jurisdiction over shipping services rendered in Nigeria.
“It is not clear why MSC is asserting that the High Court in London should deal with a case based on an alleged exclusive jurisdiction clause which if exist has been rendered null and void by Nigeria law.
“MSC’s shipping practices are often depicted by some as being oppressive and unfair to Nigerians especially as it relates to demurrage and detention charges. The insistence that aggrieved Nigerians must go to London to make known their grievances adds to MSC’s oppressive and unfair conducts. MSC has significant business operations in Nigeria.
“One of its subsidiaries in Nigeria is Mediterranean Shipping Company Nigeria Ltd which is also a party in the anti-suit matter in London where MSC is making the case that they cannot be sued in Nigerian court for wrongs committed in Nigeria and against Nigerians. MSC’s argument seeks to undermine Nigeria as a country while profiting from Nigeria. Indeed, MSC’s action invites the scrutiny of the Nigerian Presidency, the National Assembly and the Nigeria courts.
“MSC often prides itself as the largest Container line worldwide, with over 200,000 employees and revenues in excess of €86 billion. However, a company no matter its size should have regard for the laws of the land where it generates revenue.
“MSC’s total disregard and disdain for Nigerian law and its court system is appalling. This calls for a full-blown investigation into the activities and affairs of MSC in Nigeria including MSC’s compliance with its tax obligations. A company that is not willing to subject itself to Nigerian court system will not be willing to pay tax for profits derived from Nigeria”.
NGO kicks Against London Court’s Order Stopping Firms From Suing Shipping Giant In Nigeria is first published on The Whistler Newspaper
Source: The Whistler
