Nigeria – Shipping Laws and Regulations 2026

1. Marine Casualty
1.1 In the event of a collision, grounding or other major casualty, what are the key provisions that will impact upon the liability and response of interested parties? In particular, the relevant law / conventions in force in relation to:

(i) Collision

The Merchant Shipping Act 2007 (the “MSA”) governs collisions within Nigerian waters. The available remedies (which include restitutio in integrum) may be found in Sections 340–350 and liability is generally restricted to direct, immediate consequences of the collision.

Internationally, maritime traffic is regulated by the Convention on the International Regulations for Preventing Collisions at Sea 1972 (the “ColRegs”), the International Convention on the Safety of Life at Sea 1974 (the “SOLAS”) and the Convention on Maritime Search and Rescue 1979 (the “SAR Convention”). Notably, the ColRegs forms part of Nigerian law, having been domesticated vide the Merchant Shipping (Collision) Rules 2010 (the “Collision Rules”).

It is noteworthy that under the SOLAS Amendments (Regulation II-1/3-13) of 2026, vessels must hold valid Safe Working Load certifications for lifting gear, while vessels of 3,000GT and above are required to have electronic inclinometers – and non-compliance creates a statutory presumption of unseaworthiness that places collision liability on the shipowner.

(ii) Pollution

Pollution is also regulated by/under the MSA. Section 335(1) of the MSA incorporates many important international treaties such as the International Convention for the Prevention of Pollution from Ships (“MARPOL”), the International Convention on Civil Liability for Oil Pollution Damage (the “CLC”), and the International Convention on Oil Pollution Preparedness, Response and Cooperation (the “OPRC”).

These domesticated conventions operate alongside local legislation such as the Environmental Impact Assessment (the “EIA”) Act, the National Environmental Standards and Regulations Enforcement Agency (the “NESREA”) Act 2007, the Nigerian Maritime Administration and Safety Agency (“NIMASA”) Act 2007 (the “NMIASA Act”), and the Marine Environment (Sea Protection Levy Regulations) 2012.

Under the newly revised SOLAS Chapter V and MARPOL Annex V, liability has been expanded through strict rules imposing an obligation to immediately report incidents of lost containers to NIMASA. Furthermore, amended SOLAS Chapter II-2 enforces a total ban on perfluorooctanesulfonic acid (“PFOS”) firefighting foams and mandates a certified 60°C fuel flashpoint declaration before bunkering, creating a separate evidentiary framework for casualties.

(iii) Salvage / General Average

Salvage and general average are governed by the MSA and the Admiralty Jurisdiction Act 1991 (the “AJA”). Section 215 of the MSA domesticates the International Convention on Salvage 1989. Claims arising from salvage or general average may be brought before the Federal High Court and such suits may be in rem or in personam.

(iv) Wreck removal

Wrecks at sea, and their removal, are regulated by the MSA and the NIMASA Act. Similarly, as per Section 22(n) of the NIMASA Act, NIMASA is the agency statutorily responsible for wreck monitoring. Under Sections 362–365 of the MSA, the Minister of Marine and Blue Economy (the “Minister”) is empowered to appoint a Receiver of Wrecks, and the Receiver of Wrecks is empowered to notify vessels at sea of hazardous wrecks. Section 365(2) of the MSA ultimately imposes liability for removing hazardous wrecks on the owner of the wrecked vessel. Although the Nairobi International Convention on the Removal of Wrecks 2007 has not been incorporated into Nigerian law, NIMASA administratively enforces its financial security standards on vessels measuring 300GT and above.

(v) Limitation of liability

Sections 335(1)(f) and 351–359 of the MSA incorporate the provisions of the Convention on the Limitation of Liability for Maritime Claims 1976 (the “LLMC”) as well as the 1996 Protocol to the LLMC into Nigerian law.

(vi) The limitation fund

Whereas Section 9 of the AJA and Article 11 of the LLMC provide for the constitution of the Limitation Fund, Section 358 of the MSA provides that the Limitation Fund was to be provided in Special Drawing Rights (“SDRs”) as defined by the International Monetary Fund (the “IMF”), converted into Naira at the date of constitution of the fund, payment or provision of security.

1.2 Which authority investigates maritime casualties in your jurisdiction?

Casualties are investigated by:

NIMASA;
the Marine Board (an ad hoc tribunal constituted by the Minister);
the Nigerian Ports Authority (the “NPA”) (within port limits); and
the National Oil Spill Detection and Response Agency (“NOSDRA”) for oil pollution incidents.
1.3 What are the authorities’ powers of investigation / casualty response in the event of a collision, grounding or other major casualty?

Pursuant to the NIMASA Act, NIMASA is to coordinate search and rescue operations and to board and detain vessels. Furthermore, under Section 49 of the NIMASA Act, a Marine Casualty Investigation Committee may be set up to investigate casualty incidents and identify liable parties, where the need arises.

Similarly, where an incident happens, Section 426 of the MSA provides for a preliminary enquiry to be conducted by an Inspector where an incident occurs to ascertain the cause. The Inspector, in investigating the incident, is permitted to board the vessel, enter into the premises to investigate, summon persons, compel the production of books, papers or documents, etc.

As per the MSA and the Collision Rules, the Marine Board is empowered to investigate casualty incidents and to inquire into charges of incompetence or misconduct on the part of crewmen and may appoint assessors to assist it in its investigative functions. In carrying out its investigative duties, the Marine Board may also exercise the judicial functions of a magistrate. The Marine Board may suspend seafarers’ certificates, where necessary.

Where necessary, the NPA is charged with casualties within port approaches and NOSDRA is empowered to enforce environmental regulations.