NIGERIA MARITIME ADMINISTRATION & SAFETY AGENCY & ANOR V. NOBLE DRILLING NIGERIA LIMITED

CHINWE EUGENIA IYIZOBA, JCA (Delivering the Leading Judgment): By an Originating Summons issued on the 24th day of January 2008, the Respondent commenced suit no. FHC/L/CS/78/2008 at the Federal High Court Lagos seeking the determination of the following questions namely:-

1. Whether drilling operations fall within the definition of 'coastal trade' or 'cabotage' under Section 2 of the Coastal and Inland Shipping (Cabotage) Act 2003 (Cabotage Act).

2. Whether, upon a proper interpretation of the Cabotage Act particularly the provisions of Sections 2, 5 and 22(5) thereof, drilling rigs fall within the definition of 'vessel' under the said Cabotage Act.

3. Whether the Minister of Transportation acted ultra vires his powers under the Cabotage Act to make regulations when in Clauses 9.1.1. of the Guidelines on the implementation of the Coastal and Inland Shipping (Cabotage) Act issued in April 2007 (the Guidelines) he included 'Rigs' under the classification of vessels to be subject to wai…