CWC Condemns UK Court Order Favoring MSC
A Nigerian non-governmental organization, Citizens Whistleblowers Coalition (CWC), has raised concerns over a UK High Court ruling that prevents Nigerian companies from suing Mediterranean Shipping Company (MSC) in Nigeria.
The exclusive injunction, issued on December 29, 2024, by Hon. Mrs. Justice Dias of the High Court of Justice, Business and Property Courts of England and Wales, states that all legal actions against MSC must be filed only in UK courts.
The order specifies:
- Nigerian companies cannot sue MSC in Nigeria for disputes related to shipping services.
- Any existing litigation in Nigeria against MSC must be stayed or postponed.
- Only UK courts have the jurisdiction to handle legal claims against MSC.
“A Threat to Nigeria’s Sovereignty” – CWC
In response, CWC’s Head of Research and Monitoring, Nafiu Ibrahim, condemned the ruling during a press briefing in Port Harcourt, Rivers State.
He explained that MSC argues Nigerian companies can only sue it in London, even for services rendered in Nigeria. CWC sees this as an attempt to undermine Nigeria’s legal system.
“It is unacceptable that a foreign shipping company doing business in Nigeria refuses to be held accountable under Nigerian law,” Ibrahim stated.
Exclusive Jurisdiction Clause: A Legal Loophole?
The case, filed under Suit No: CL-2024-000700, hinges on an exclusive jurisdiction clause in MSC’s terms of engagement.
This clause supposedly grants UK courts exclusive authority over disputes involving MSC’s shipping services—even when those services are provided in Nigeria.
CWC argues that this clause is null and void under Nigerian law. The Admiralty Jurisdiction Act (Section 20) clearly states that Nigerian courts must have jurisdiction when:
- The place of service or delivery is in Nigeria.
- At least one party involved resides in Nigeria.
CWC believes MSC is exploiting legal loopholes to avoid Nigerian legal accountability.
Calls for Government Action Against MSC
The NGO is urging:
- The Nigerian Presidency, National Assembly, and judiciary to intervene.
- A full investigation into MSC’s business operations, including tax compliance in Nigeria.
- Nigerian courts to assert jurisdiction over MSC-related disputes.
“A company benefiting from Nigeria’s economy must respect its legal system,” CWC emphasized.
MSC’s refusal to submit to Nigerian courts raises concerns about foreign corporations overriding national laws.
As pressure mounts, the Nigerian government and judiciary may need to act decisively to protect the country’s legal sovereignty.
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