The principal law that governs the merger and acquisition in nigeria is the investment and securities act isa 2007. It dealt not merely with the modern admiralty law, but also with the primitive. Without it, there would be no import or export of products into the country or out. The laws governing the procedure for maritime claims in nigeria are the admiralty jurisdiction act 1991 the act and the admiralty jurisdiction procedure rules 2011. Pdf the maritime industry is adjudged the safest and more environmentally friendly mode of transportation. Lex a full service commercial and litigation law firm. These are the philippine code of commerce of 1888, new civil code of 1952, carriage of goods by sea act, insurance code of 1981 on marine insurance, 1997 rules of civil procedure, and pds notably pd 1521 and. It is a unique field in the nigeria legal system, and this is connected to the limited expertise in this area. In nigeria, maritime matters and services are covered by a considerable number of federal laws. The implications of the finance act for the nigerian maritime industry. Nigeria s fight against boko haram was named as one of the most prominent examples.
Lagos, nigeria admiralty and maritime lawyers and law. Welcome nigeria maritime law association nmla is an association of lawyers and related professionals in the maritime industry established since 1977. Laws of the federation of nigeria 1 extent of the admiralty jurisdiction of the federal high court. A critical assessment on the operations and management of the nigeria inland waterways would generally center on the coastal and inland shipping cabotage act which was passed into law on the 30 th april 2003. Christian breitzke jonathan lux philomene verlaan this handbook has been prepared under the auspices of committee a maritime and transport law of the section on business law of the international bar association 2014 maritime law handbook iii suppl. The association is committed to the promotion of the study and practice of maritime and mercantile laws of nigeria in particular and those of other nations in general. Kentuadei adefe legal practitioners mediators arbitrators is a law firm providing services on maritime law and maritime arbitration practice in nigeria. West africa face many different security challenges. Sources of philippine maritime law philippine maritime law is not covered by a single body of law but by various statutes.
Shipping act and its amendments and all other federal legislation on maritime labour. Maritime boundaries delimitation and dispute resolution in. Pdf role of the shipping industry in the maritime regulatory. The earth is viewed as a liquid planet as 70% of it is covered by water. The implication of this is that certain areas of our maritime law that are not yet developed are shrouded in uncertainty. Although there has been a flurry of maritime legislation in nigeria, the principal body of. Shipping is the process of engaging in commerce through various types of navigable waters.
Short title page 17 nigerian maritime administration and safety agency act, 2007 a 427a464 printed and published by the federal government printer, lagos, nigeria. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities that operate vessels on the oceans. A merger is defined in section 119 of the isa as any amalgamation of the undertakings or any part of the undertakings or interest of two or more companies or the undertakings or part of the undertakings of one or more companies and one. Regulation of mergers in nigeria corporatecommercial. Nigeria witnessed an unprecedented wave of mergers and acquisitions in its banking sector in the post1995 and 2009 periods as a result of regulatory mandates issued by the central bank of nigeria, aimed at strengthening the capital base of nigerian banks. Nigerian maritime labour act nigerian law intellectual. Every nigerian citizen young or old possesses a unique potential, this can only be better used depending on the awareness of opportunities. The securities and exchange commission the commission is the body in charge of implementing the. Establishment of joint maritime labour industrial council, etc. Ideally, the term refers to the body of customs, legislation, international treaties, and court decisions pertaining to ownership and operation of vessels, transportation of passengers and cargo on them, and rights and obligations.
No part of this thesis was previously presented for another. Agency means the nigeria airspace management agency established by section 1 of this act air navigation services include information direction and other facilities furnished, issued or provided in connection with the navigation or movement of aircraft and the control movement of vehicles in any part of an airport used for the. Hmmis bullish on its performance in 2020, relying heavily on its new cooperation with the alliance. Find addresses, telephones, contacts and locations.
Nigerian law does not provide a framework for hostile acquisitions. Notification is mandatory for acquisitions involving companies with assets or turnover of n500,000,000 and above which do not qualify for the exemptions referred to in 1. Lagos, nigeria admiralty and maritime lawyers and law firms. The legal framework of merger and acquisition in nigeria. Local content ng is designed to aid you better understand and utilize your untapped benefits from local content development in nigeria. An introduction to legal issues in shipping from a west. In the nigerian context, the regulatory and standards implementation aspects are. Admiralty act, 1890, was a law in force in the union of south africa immediately prior to the commencement of the republ ic of south africa constitution act, 32 of 1961, and that sec. Regulatory implications for merger transactions in nigeria.
Safety and security b the merger of the national maritime authority. Federal high court of nigeria and past president of the nigeria maritime law association for all of the times he encouraged me in the practice of maritime law and to all persons desirous of carving a niche in maritime. By virtue of this merger, nimasa is now responsible for maritime administration and safety as well as the regulation and administration of maritime labour in nigeria. Parties to a small merger may voluntarily notify the sec of the merger at any time. When a trademark is registered, it protects the owner by conferring the exclusive right to use it to identify goods and services from other existing, similar or confusing marks. Thus, iroegbu 2010 defines cabotage law as a law empowering navigation and trading within a countrys coasts or from port to port within a nation to be reserved exclusively for the countrys national flagships and its nationals. Paucity of literature in the area of maritime law in nigeria was what motivated the author to embark on this project and as such this book is the authors attempt to contribute to the bridging of the gap in knowledge in this area of the law.
To view this article you need a pdf viewer such as adobe reader. This act applied to south west africa by virtue of section 22 of the colonial courts of admiralty act, 1890. Pursuant to the provisions of the isa, the key regulator for merger and acquisition is the securities and exchange commission sec rules. Chiejinar issues in mergers and acquisition for the insurance industry 2005,ch 1. Abuja, nigeria admiralty and maritime lawyers and law. Introduction maritime law is the genre of law relating to navigation and commerce on the high seas and on other navigable waters. The following is a list of agencies in the government of nigeria. Maritime boundaries delimitation and dispute resolution in africa theodore okonkwo department of public law, faculty of law, university of port harcourt, portharcourt, nigeria abstract africas borders are bestride with many challenges ranging from religious and.
Mergers, acquisitions and takeovers in nigeria are governed by the investments and securities act isa, the securities and exchange rules and regulations serr made pursuant to isa, and the companies and allied matters act cama. These statistics depicts that nigeria should have a whole lot of trade opportunities across the globe. The act repeals the consumer protection act, cap c25, 1992 the consumer protection act and introduces a dedicated competition law regime to nigeria. Nigeria because the law at present, vests only in the federal high court the. The joint venture merger between nigerian and nonnigerian. Maritime law is the law of things, activities and events. Publishes nigerian supreme court quarterly law reports with case law and law companion more. Certificate of licence required by all ships trading in nigeria. An overview of mergers and acquisitions under nigerian law omotayo akinrinwa abstract this essay seeks to explore the legal framework governing the operation or activities of mergers and acquisitions in nigeria. The firm was established by a team of lawyers with a passion and dedication to cater for the needs for quality legal services.
Law and practice of mergers and acquisition in nigeria by. Maritime law is the body of legal principles, which govern in particular, marine, commerce and navigation, business transacted at sea or relating to navigation, ships and shipping, seamen, transportation of person and property at sea and to marine affairs generally. A critical assessment of the inland waterways operations. Ideally, the term refers to the body of customs, legislation, international treaties, and court decisions pertaining to. Establishment of joint maritime labour industrial council and its functions. Maritime nigeria list of nigeria maritime companies. Doc mergers and acquisitions in nigeria chukwuemeka. The oceans are critical to states interests and human prosperity, being a highway for commerce, a shared resource and a vector for threats to security. The act applies to all commercial activities carried out or having an effect in nigeria and includes provisions dealing with merger control, restrictive agreements, abuse of dominance, monopolies, price regulation and. Admiralty and maritime lawyers, law firms in ghana for every. Safety in maritime navigation on nigerian waterways. Objective of the act 1 the objective of the agency shall be to. Enacted by the national assembly of the federal republic of nigeria. Although windsor law firm is a medium sized law firm, the firm, however, work with various lawyers across the country to deliver a topnotch professional.
Merger control 2020 laws and regulations nigeria iclg. Jan 16, 2014 introduction maritime law is the genre of law relating to navigation and commerce on the high seas and on other navigable waters. List of of nigeria law firms and legal practitioners. The principal laws governing mergers and acquisitions in nigeria include the federal competition and consumer protection act fccpa 2019, the investment and securities act isa 2007, the securities and exchange commission rules and regulations 20 sec rules and the companies and allied matters act 2004 cama. Kawasaki heavy industries has won an order for the construction of an lpg. Our team at resolution law firm works together and with other professionals, local and internationally, as the circumstances may demand, to provide advice to the operators of the shipping industry. Admiralty law is a distinct body of law that governs maritime questions and offenses. The words maritime law, as commonly used today, denotes that part of the whole law which deals chiefly with the legal relations arising from the use of ships. The information derived from the literature has been duly acknowledged in the text and a list of references provided. Lex was formed as a result of the merger on july 1, 2004 of four leading commercial. Shipping and maritime law lagos top law firm in nigeria. Nigeria is now at the level of developing the existing maritime laws. An analysis of the challenges hindering the nigerian cabotage act. List of top law firms in abuja, federal capital territory.
Jan 16, 2014 the nigerian maritime law 3 january 16, 2014 january 16, 2014 tomiwa olasiyan education, law niwas mission statements, among other things, is to make nigeria the leader in inland water transportation development and management in africa. If you earn an income in nigeria whether as an individual or a business, its expected that you remit a given amount of your earnings as tax to the government. The law that governs trademark in nigeria is the trademark act 1967. But in the earlier period, of which this work treats, the law maritime had a considerably wider scope. According to the cabotage implementation guidelines 2007 for example, nigeria had about 22. The daily cost of hiring a vlcc for 12 months has fallen by over 20% in the last month. Maritime maritime maritime law, maritime admiralty law. Ym eternity has been released from detention in australia, yang ming confirmed. The bill is now known as the coastal and inland shipping cabotage act 20031 and its objective is basically to restrict participation in the coastal or domestic trade in nigeria to nigerians. Overview of the nigeria maritime industry employment clinic. Laws that govern merger and acquisition in nigeria. The concept of equidistancerelevant circumstances in the development of the law of maritime delimitation, ake l.
Maritime first newspaper is an online publication, which provides information and news in almost every sector in nigeria, especially the maritime sector. The law relating to activities and sea is based primarily on maritime law and the law of the sea. Ministry of transport created from the merger of national maritime authority nma and. Shipping laws and regulations covering issues in nigeria of marine casualty, cargo claims, passenger claims, arrest and security. The association is committed to the promotion of the study and practice of maritime and mercantile laws of nigeria in particular and those of other. It is the nigerian chapter of the comite maritime international cmi. We pride ourselves as the best maritime law firm in nigeria the firm focuses on shipping law in nigerian and across the globe. Maritime law duty of ship owners to employ competent crew. In may 2003, the federal government of nigeria signed the cabotage bill, which had earlier been passed by the national assembly into law. It suggests that the nigerian maritime industry has not achieved optimum performance in the last 50 years and that the industry has not realized its. Although nigeria has been a party to the convention for many years, the legislative initiative was triggered only.
The law on priorities in maritime claims is one such area of law. Nigeria maritime university is a military university and maritime college in okerenkoko, gbaramatu, delta state, nigeria. Pdf how has the nigerian maritime industry performed in. This article examines the performance of the nigerian maritime industry over a fifty year period. An overview of mergers and acquisitions under nigerian. Acquisitions are typically achieved by means of a negotiated contractual sale or buyout, a scheme of arrangement soa, a merger or a takeover bid voluntary or mandatory. Recently, nigeria introduced a bill in the house and senate that aims at modernizing its maritime zone legislation to enable it to maximize benefits it has received from the united nations convention on the law of the sea, 1982. Cabotage services in pursuance of the success of nigeria on maritime reforms, nigeria made a bold attempt to change the face of maritime business within its coasts when it enacted the coastal and inland shipping cabotage act 2003, though designed to restrict foreign participation in nigeria s domestic coastal trade, nevertheless a lot of.
A multilevel comparative law analysis of nigerian maritime zone legislation article pdf available in marine policy 67. In nigeria, it is not often that you hear of a young lawyer whose clients dont mind having more abuja immigration lawyer, gender equality bill, immigration lawyer in lagos, immigration lawyer in nigeria, maritime law in nigeria, nigerain lawyer, student visa, u. The environmental and practical considerations in e. Apr 05, 2016 in federal republic of nigeria v mt asteris charge fhcl239c2015 the federal high court convicted a vessel and its crew of charges that included conspiracy to deal, dealing with, attempting to export and storing crude oil without lawful authority or a licence. Ndikom 2008, opined that national coastal and inland shipping act. The federal competition and consumer protection act 2019. List of nigeria law firms and legal practitioners providing legal services in nigeria. It is one of the largest law firms in west africa with offices in lagos, port harcourt and abuja in nigeria and accra, ghana. The law firm is established by a team of committed and dedicated lawyers. The firm represents clients throughout the nigeria. The maritime sector is richly endowed with vast natural resources such as extensive coastline, aquatic animals including fish, oil and gas deposits, bitumen etc. The significant contribution of the maritime sector to the socioeconomic and political development of nigeria cannot. Addressing maritime crime problems is therefore not necessarily the top priority. These laws and guidelines are binding on the companies in that industry in addition to the sec rules.
The maritime industry in nigeria has over the years been the engine room that has kept the nigeria economy moving. Pdf the year 20 marked a decade of the implementation of cabotage law in nigeria. Iclg merger control laws and regulations nigeria covers common issues in merger control laws and regulations including relevant authorities and legislation, notification and its impact on the transaction timetable, remedies, appeals and enforcement and substantive assessment in 55 jurisdictions. Resolution law firm is based in lagos and abuja nigeria.