A group, Citizens Whistleblowers Coalition, CWC, has raised alarm over an attempt by the Mediterranean Shipping Company, MSC, to obtain anti-suit injunction in London to undermine Nigeria’s civil justice system.
MSC obtained an ex parte anti-suit injunction in a High Court in London against a Nigerian company which seeks to stop the Nigerian company from litigating an admiralty matter against MSC in Nigeria. A statement by CWC in Port Harcourt on Sunday said the action filed in London with Suit No: CL-2024-000700, MSC is alleging that there is an exclusive jurisdiction clause in their terms of engagement which gives the High Court in London the exclusive jurisdiction over shipping services rendered to Nigerians and Nigerian companies in Nigeria.
It is learned that this exclusive jurisdiction clause gives MSC the right to take Nigerians or Nigerian companies anywhere in the world to enforce a claim against them. However, Nigerians or Nigerian companies dissatisfied with MSC’ shipping services can only take MSC to the High Court in London. The statement said that 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 added that this is a spite on Nigeria’s sovereignty and a calculated attempt to undermine Nigerian laws and civil justice system. Signed by Nafiu Ibrahim, Head, Research and Monitoring of CWC, the statement said the Nigerian law is clear on the admiralty jurisdiction of the Federal High Court in admiralty matters connected with Nigeria.
“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. In this regard, section 20 of the Admiralty Jurisdiction Act provides as follows 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 ……” It said that 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, adding that 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. 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”, the statement said.
