Ecstatic Collection

New post added at The Metro Lawyer - Nigerian Wins Global Maritime Essay Competition, As NIMASA DG, Others Meet To Advance World MaritimeA Nigerian, Iorliam Simon Tersoo, has won the Future Maritime Leaders essay competition organised by the Global Maritime Forum. Tersoo’s article titled, “Emerging Technologies: Autonomous Shipping and Seafarers’ Continuous Professional (Ir) Relevance,” was among top three essays selected from 140 shortlisted entries from 46 countries that participated in the annual competition.

The Maritime Safety Officer at the Nigerian Maritime Administration and Safety Agency (NIMASA) and the other two winners made compelling presentations on their essays at the ongoing Global Maritime Forum in Singapore, where the Director-General of NIMASA, Dr. Dakuku Peterside, is a major participant. Dakuku is one of three leaders in Africa invited to the exclusive industry forum, which focuses on addressing the burning issues in the maritime industry and proffering viable strategies to meet the challenges of the future.

Tersoo wrote on how to prepare the next generation of seafarers for digitalised ships, which is believed to be the future of shipping. He anchored his write-up to the bourgeoning technological innovation, Maritime Autonomous Surface Ship (MASS), which the International Maritime Organisation (IMO) defines as a ship which “can operate independently of human interaction.”

His essay painted the picture of a future where ships will be fully digitalised, automated, autonomously piloted, and controlled from both onshore and offshore. He described this as the next phase of disruptive innovation in shipping.

Tersoo acknowledged the immense benefits of the autonomous shipping regime but identified a major challenge of the innovation as the threat posed to the jobs of the over 1.5 seafarers working onboard ships worldwide. To address this challenge, he said the committee on Human Element Training and Watch-keeping (HTW) of IMO’s Maritime Safety Committee (MSC) “will have to re-organise the curriculum of Maritime Training Institutions (MTIs) globally to embrace this new trend, tilting seafarers training more towards maritime information communications technology (ICT) and regulations that can enable them to participate effectively in the technological revolution.” He also recommended the retraining of existing seafarers to fit into the new digital era.

Tersoo, a product of the Nigerian Seafarers Development Programme (NSDP), had worked on board a vessel and is now fully involved in regulatory duties at NIMASA. So he had the opportunity of seeing both sides of the life of a seafarer. He attributed his success in the essay competition to the push for a knowledge driven organisation by the current leadership of NIMASA, saying he is challenged daily by leadership and innovation at the Agency.

Two other essays written by Yiqi Zhang, a 30-year-old PhD student at the Hong Kong University of Science and Technology, China, and Line Fryd Hofmansen, a 26-year-old Management Consultant at PA Consulting Group, Denmark, were among the winning entries.

According to the Global Maritime Forum, “The competition aims to give students and young professionals aged 18-30 a voice in the debate about how the maritime industry can sustainably address maritime challenges and opportunities – and the industry a chance to listen.”

The winners of the competition won a chance to attend the Global Maritime Forum Annual Summit 2019 in Singapore, all expenses covered, together with 200 leaders from inside and outside the maritime industry, where they will represent the voice of the young generations.

“The Future Maritime Leaders essay competition represents an invaluable opportunity for young people aspiring to become the leaders of the future to meet and engage with senior maritime stakeholders,” the Global Maritime Forum added.

Nigerian Wins Global Maritime Essay Competition, As NIMASA DG, Others Meet To Advance World Maritime A Nigerian, Iorliam Simon Tersoo, has won the Future Maritime Leaders essay competition organised by the Global Maritime Forum. Tersoo’s article titled, “Emerging Technologies: Autonomous Shipping and Seafarers’ Continuous Professional (Ir) Relevance,” was among top

New post added at The Metro Lawyer - Maritime Claims- Seafarers Wages And Other Sums Due Them By EMEKA MBAKWE, Esq.The effect of Section 5(c) of the 3rd Alteration Act(2007, Act No. 27, LFN 2004) introduced section 254(1) to the 1999 Constitution ( Act No. 24 of 1999 Cap. 23, LFN 2004) on claim on wages and other sum due seafarers and Masters in respect of their employment on the ship.

Section 254 C (1)(k) gives the National Industrial Court the EXCLUSIVE JURISDICTION in matters relating to payment and non-payment of wages, salaries and entitlements whether resulting from their contract of service, inter alia.

The above stated, it is trite law, that claims relating to wages of seamen is an Admiralty matter within the purview of the Federal High Court.( The gamut of Section 251(1)(g) '99 Constitution, Section 2(3)(r) & Section 5(3)(c) of Admiralty Act and Section 67 of Merchant Shipping Act).

The combined arsenals quoted supra amounts to beautiful nonsense and remains void where it is not in conformity with the Constitution, Section 1(3) of 1999.

The position of the recent amendment remains a mirage to some Justices of the Federal High Court who would look at the fact of the case, especially where the claim is for the payment of contractual wage and the claimant happens to be a foreign seaman; the court would accord itself jurisdiction when the Constitution says otherwise. See the case of Moe oo v. The MV P**c Hai Sun

Meanwhile, the same Federal High Court in 2017, as if it woke from a deep sleep, ( 13years after of the 3rd Amendment of the Constitution) given the same question of jurisdiction for payment of Seafarers, held viz Justice Idris, that it lacked jurisdiction in the case of ASSURANCE FOREIGN SKULD (Gjensidig) v. MT "Clover Pride" &ors.

It is quintessential to assert that such claims, to wit: Wages, Salaries, Dues etc of Seafarers, would correctly be instituted in the National Industrial Court. Note the Constitutional doctrine of "Inconsistency."

In conclusion, the author of the article will not be taken aback to hear and see a Maritime Lawyer who is disenfranchised of this information and enthusiastically agog to discredit him by whatever means. (If the Federal High Court could err, how much more a neophyte in Maritime Law?).

He further appreciates the FHC for taking the front seat of honour, being abreast with the Constitution as it is a notorious fact that in recent years, it has repented of being oblivious of the nascent innovation, 13 years after the 3rd Amendment of the Constitution. See UBA &anor v. Ezekiel (2018) LPELR - 43779; Skye Bank Plc v. Iwu (2017) 16 NWLR (pt 1590)24.

The author shall welcome with a glad heart all forms of rebuttals to this article (so long as it is not academic or rhetoric) for he is conversant to controversial issues.

The author does not in any way claim Mastery of knowledge but has a wild appetite for same.

God forbid that the law be static or Lawyers static, when the law is dynamic..

Emeka Mbakwe
(All Rights Reserved)
11th October, 2019.

Maritime Claims- Seafarers Wages And Other Sums Due Them By EMEKA MBAKWE, Esq. The effect of Section 5(c) of the 3rd Alteration Act(2007, Act No. 27, LFN 2004) introduced section 254(1) to the 1999 Constitution ( Act No. 24 of 1999 Cap. 23, LFN 2004) on claim on