ANALYSIS OF THE LEGAL & INSTITUTIONAL FRAMEWORKS FOR THE DEVELOPMENT OF SEA WORTHINESS UNDER NIGERIA LAW

It is now a common knowledge that shipping in the 21st century underpins international commerce and the world economy as the most efficient method of transporting goods by coastal and non-coastal states. Hence the centrality and importance of the sector cannot be over emphasized especially in its advantage to the trade and business community around the nations of the world, this is further buttressed by the fact that more than 90% of the world trade is carried out by sea. Thus it is paramount that a strong and workable legal and institutional framework be put in place, so as to ensure sea worthiness of vessel on the territorial waters while protecting the a passengers and goods transported through the water-ways. The study takes critical look at the term seaworthiness as defined under the carriage of goods by sea and the marine insurance law. However, it has been clearly shown in this work that the differences that appear in the two definition does not in any way effect the concept of seaworthiness itself as the objective and principle is to ensure that the ship is fit to carry the cargo and perform the agreed voyages. The work also examined other ingredient that constitutes seaworthiness such as time of the voyage, type of vessel, existing state of knowledge, vessel and its equipment’s, human error, competence of crew, ignorance of the crew and the sufficient number of crew etc. Other factors considered in this work also entails, use of ISM code in dealing with the issue of safety on board the vessel and environmental protection, this is in addition to documentary factors and workable ship plan that shows how the parts of the ship works such as the pipes, fire extinguishing systems, engines etc. The study further x rayed the nature of duty, both implied and express including the time of exercising the duty in relation to the rules and principles of due diligence as it relates to the genuine, competent and reasonable effort of the carrier to fulfill the obligations set out in Hague or Hague Visby rules. Furthermore, the principles of conditions and warranty and what constitutes same was also highlighted in relation to breach of obligations and carriers immunities, the study will undertake doctrinal approach of research. The study will also reveal institutional framework of seaworthiness which entails international institutions and municipal institutions and their control over incidences of bad of vessels. These bodies entails the following, the Imo which was formed to promote safe, secure environmentally sound efficient and sustainable shipping through cooperation, flowing from this is the international convention for safety of life at sea, the committee maritime international and the United Nation Commission on International trade law, the maritime labor convention, the international convention on standard of training, certification and watch keeping for sea fearers. Under the municipal institutions, we have The Nigeria administration and safety Agency which primary aim is to promote maritime safety, others are the Nigerian Ports Authority, Corporate Affairs Commission which now represents institution of relevance to seaworthiness, created to deal with registration of ships and other relevant documentation. Like licensing, the study has also made recommendation of factors that will ensure and also enhance seaworthiness in the maritime industries, such as adequate facilities, adequate training, funding of maritime institution, tackling the problem of corruption in some of the bodies relevant to the industries.