THE OWNERS OF THE REPUBLIC DI GENOVA & ANOR V. COMMISSIONER OF POLICE, LAGOS STATE MR. B. STOLL & ORS. V. COMMISSIONER OF POLICE, LAGOS STATE

OGUNTADE, JCA (Delivering the Lead Judgment): The appellant wasthe applicant in an application brought under the Fundamental Rights Enforcement Procedure Rules. At the commencement of proceedings there were two respondents of whom the respondent in this appeal was the second. The claims of the applicants as set out in the particulars of claim filed were these: A “(a) A declaration that any claim (whether it be civil or criminal) arising out of the contract of carriage by sea of the 1st defendants used Mercedes Benz 250 car with chasis No. 12307610002434 by the 1st plaintiffs in its vessel, “REP. DI GENOVA” sometimes in 1992 and covered by bill of lading No. LAG 124 from the Port of Tilbury to Lagos is purely an admiralty matter cognisable only at the Federal High Court pursuant to the provisions of the Admiralty Jurisdiction Decree (No. 59) of 1991 and/or the Constitution (Suspension and Modification) Decree No. 107 of 1993 to the exclusion of any other court, or any other governmen…