Litigation & ADR

Babajide Koku & Co. has extensive experience in the area of Shipping & Admiralty. Over the years, the Firm has followed the developments in this field of law and has prosecuted matters to the apex Court, successfully challenging judgments in our clients favour, with a number of those cases now the authorities on principles of law.

Our Team is nimble and well experienced in the many varied dynamics and even dangers that can arise from carrying cargo by sea. Having been external counsel to DanaAir Ltd, Arik Air Ltd and advised on other aviation matters over the years, the Firm has also garnered knowledge and skill in matters relating to Aviation law.

Together with our representation of clients engaged in commercial trade of goods ranging from electronics to petroleum products, Babajide Koku & Co. is knowledgeable both to provide advice in non-contentious matters, and is adept and well renowned for its strengths in litigation.

Our comprehensive legal services in respect of Shipping & Admiralty include:

  • Legal frameworks and compliance, registration, licenses, government charges and dues.
  • Disputes between shippers or charterers and governmental agencies, Charter party disputes, cargo claims arising out of carriage by land, sea or air.
  • Bills of Lading disputes, Liens and Arrests, Salvage and Collision, Environmental Pollution and liability claims, General Average.
  • Vessel purchase and finance, due diligence and registration of vessels and shipping companies.
  • Drafting and Review of Contracts for carriage of wet and dry cargo by sea and air.
  • Marine Insurance, Ship Sale and purchase Contract, Ship Mortgages, Trade Finance and Letters of Credit, Commercial Shipping, International Trade and commodity Transactions, Shipping-related Personal Injury claims and matters relating to Cabotage.
    As well as, the processes for financing & re-financing, debt recovery, contractual breaches, criminal charges and more that can occur in matters of transportation law and international trade.

Our Experience

Acted as counsel to various Protection and Indemnity Clubs in the United States of America, United Kingdom, Greece, China and Singapore amongst others including British Marine, China P&I on issues relating to Disputes between shippers or Charterers and governmental agencies, Charter party disputes, Cargo claims arising out of carriage by land, sea or air.

Acted as counsel to Owners and Charterers of various vessels and P & I clubs on the arrest of their vessels in Nigeria by aggrieved individuals and discharging such arrest orders.

Acted for vessel Owners regarding the theft of substantial quantity of MGO from the vessel by pirates offshore Lagos / Cotonou and Qua Iboe and provided legal assistance towards the release of hostages.

Negotiated and obtained insurance for vessels as well as Caveats against arrest. Successfully challenged the imposition of 3% levy by NIMASA on behalf of Maersk Nigeria Limited and Maerskline.

Set up limitation funds for vessel owners and charterers following loss of vessel and or accidents at sea.

Acted for several Banks and foreign ship owners on Registration of vessels, Ship Mortgages and obtaining relevant licenses.

Successfully defended foreign ship owners against claims filed by local ship owners seeking to prohibit foreign ships from operating in Nigeria.

Advised various foreign P&I clubs, ship owners and Charterers on compliance with Nigerian Maritime law, as well as compliance with NIMASA regulations. Assisted foreign and local clients in securing the release of vessels arrested by NIMASA or the Nigerian Navy for default in compliance with regulations.

Provided legal advice for multinational company in the Far East as well as an English law firm with offices also in the Far East, regarding the liability of Owners of a semi-submersible platform under an SPV and under a bareboat charter on liability and risks in the event of a major oil pollution incident.

Acted as external Counsel to Maersk Nigeria for last 15 years.

Acted as external counsel to Nigerian Westminster Dredging & Marine Limited for over 8 years.

Defended Clients over criminal charges arising from fuel importation, carriage of goods by sea, and company acquisitions amongst others.

Lead the external legal team for Arik Air Limited.

Acted as external counsel to DANA Air Ltd.

Advised and acted as counsel in respect of various aviation claims.

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