This document summarizes Nigeria's laws and regulations regarding shipwrecks. It defines a shipwreck and outlines the roles and responsibilities of key agencies in Nigeria for shipwreck removal and management. The Nigerian Maritime Administration and Safety Agency (NIMASA) is designated as the receiver of wrecks and is responsible for receiving and removing wrecks based on provisions in the Merchant Shipping Act and NIMASA Act. The document also discusses Nigeria's obligations under international conventions like the Nairobi Wreck Removal Convention and challenges faced in removing shipwrecks from Nigerian waters.

2. DEFINITION- A shipwreck is defined as a sunken or
stranded ship, or any part thereof, including anything that
is on board such a ship which is stranded, sunken or in
danger at sea and lost at sea from a ship…
Section 360 (1) of the Merchant Shipping Act 2007 (MSA)

3. FACTS
 Nigeria is an independent North Atlantic coastal country with a
number of littoral states along the coast of the Atlantic Ocean. Located
on the west coast of Africa, Nigeria is within the tropics. It lies
between 4 degrees north of the Equator on its southern parts and 14
degrees on its northern part in tropical West Africa.
 Nigeria covers a total of 923,768 square kilometers with a land area of
910 square kilometers. She has coastline of 853 kilometers and inland
waterways totaling 8,575 kilometers consisting largely of Rivers Niger
and Benue as well as other smaller rivers and creeks.
 Some of the key maritime claims of Nigeria include; continental shelf
of 200 meters to the depth of exploitation, a territorial water of 12
nautical miles from the shoreline and an Exclusive Economic Zone
(EEZ) of 200 nautical miles from her territorial water. This, alongside
with Nigeria’s stretch of coastline indicates clearly, the vast maritime
environment that extends the Nigerian hinterland
3

4. FACTS-CONTINUED
Nigeria is strategically located along one of the most
important and resource endowed coastal regions - the Gulf
of Guinea
4
 It has vast open
sea of 853km
coastline and a
total EEZ
measuring 84,000
square kilometres

5. 5
Nigerian Maritime Territory
Arrows indicating numerous Water Channels

6. MV RIVER GURARA- FEB 26,1989- Sank
MV RIVER MAJIDUN- APRIL 3, 1994- Grounded
16 UNMANNED VESSELS– FEB 14, 2010- BEACHED &
WASHED ASHORE
MT RAY 2- FEB 2011- Capsized

9. S/N ACCIDENTDATE VESSELNAME VESSELTYPE LOCATION INCIDENTTYPE REMARKS
1 20/01/2014 DeshVailbhav MotorTanker
OffBongaTerimanl(Lat.05deg.
45.00N,Long.04deg.40.62E)
Suicide
23/01/2014 NIL SpeedBoat NavalOrdinaceDepotWaterway 3Fatalities
2 29/01/2014 MariaE/MV.Governor MotorTanker/Tug IndexPetrolubeJettyApapa PropertyDamage
3 8/3/2014 MDPLAshaDeep PSV EnrouteOnne Piracy/PropertyDamage
24/04/2014 BallisticBoat(GlobalWest) SpeedBoat ApproachtoApapaSeaSchool PropertyLoss
4 29/04/2014 SPBrussels MotorTanker
OffShoreDeltaState(Lat.4deg
56.00N,Long.004deg.49.00E)
3Fatalities
5 19/05/2014 RCCGFibreboat PassengerBoat MelkwenBridgeLagosIsland 1Fatality
6 19/05/2014 PSVDerby/SirusB(SurveyBoat) PSV/SurveyBoat KrisOilJetty.Kirikiri PropertyDamage
7 31/05/2014 MTVoyager MotorTanker LagosAnchorage PropertyDamage/Aground.
INCIDENTINVESTIGATIONREPORTDATABASE

10. Merchant Shipping Act 2007- Section 360-385
and Section 401 of the MSA 2007
 Nigerian Maritime Administration and Safety
Agency Act 2007 (NIMASA)- Section 44 (1)
Nigerian Ports Authority Act CAP N126 LFN
2004

11.  SECTION 362- APPOINTS THE
RECEIVER- NIMASA IS THE
DESIGNATED RECEIVER OF
WRECKS
 SECTION 367- REASONABLE
DEADLINE FOR SHIPOWNER TO
REMOVE WRECK
 SECTION 375- HOW TO REPORT
A WRECK – WITHIN 48 HOURS –
POST NOTICE AT POLICE
STATION OR PUBLISH-FOREIGN
VESSEL- REPORT TO CONSULATE
 SECTION 378- RECEIVER OF
WRECK CAN SELL THE WRECK
TO DEFRAY EXPENSES
 SECTION 381- RECEIVER OF
WRECK HOLDS BALANCE FOR 3
YRS
 SECTION 385- IF WRECK IS IN
POSSESSION OF NON-OWNER-
MAGISTRATE GIVES WARRANT
FOR SEARCH AND SEIZURE

12. NIGERIAN MARITIME ADMINISTRATION AND
SAFETY AGENCY
The Agency also has the function of providing
search and rescue services to control and
prevent marine pollution and to receive and
remove wrecks. – Sec 22 (1) NIMASA ACT
SECTION 44(1) OF NIMASA ACT

13. Section 30 of the Act, the Minister may, by
order declare any place in Nigeria, any
navigable channel leading into that place to
be a port and specify the limits of any such
place.

14. Nairobi International Convention on the
Removal of Wrecks 2007- came into force on
April 14th 2015
It forms part of a framework of conventions
dealing with liability and compensation for
maritime casualties including the CLC, IOPC
and Bunkers Convention.

15. NIGERIA IS A PARTY- RATIFED 23RD JULY 2009- NOT YET IN
FORCE- MUST BE DOMESTICATED
CERTIFICATE OF INSURANCE ISSUED BY STATE PARTY
ARTICLE 12- SHIPS OF 300 GT MUST HAVE FINANCIAL
SECURITY FOR LIABILTY
APPLIES TO ALL SEAGOING VESSELS INCLUDING FIXED
OR FLOATING PLATFORMS EXCEPT WHEN SUCH
PLATFORMS ARE ENGAGED IN THE EXPLORATION,
EXPLOITATION OR PRODUCTION OF SEABED MINERAL
RESOURCES.

16. International Convention for the Safety of
Life at Sea (SOLAS) – domesticated by the
MSA 2007
Chapter V- All vessels must be sufficiently &
efficiently manned
Nigeria signatory it has been domesticated
by the MSA 2007

17.  Determine whether a hazard exists
and where it does, the Receiver
marks the wreck and informs the
Shipowner.
 Receiver of Wrecks has the right to
take possession of and remove the
shipwreck- After Deadline Set
 Receiver can sell the wreck and
reimburse itself for the expenses
incurred.Where the value of the
wreck does not cover the expenses,
he may recover the balance from
the Shipowner.

18.  Shipowner has a right to manage
it or dispose the wreck provided
it does not become a marine or
navigational hazard.
 the Shipowner has a right to the
balance of the proceeds of the
sale
 He must ensure that the wreck is
removed expeditiously and in a
manner consistent with safety and
environmental considerations.
 Reimburse Receiver of Wreck

19. NPA
NPA responsible for all
wrecks blocking the
access channels
NIMASA
Wreck outside the access
channels are the
responsibility of NIMASA.

21. Disputes between ship owners and
regulators
Dispute over the balance leftover from the
proceeds of the sale of the Wreck.
Shipowners may sue to set aside the sale or
claim for the proceeds of the sale

22.  Section 374 of the MSA-
Report all wrecks to the
Receiver of wrecks
 Shipowner- give notice stating
that he has taken possession of
the wreck, describing the
marks by which the wreck can
be recognized.
 Non-shipowner- must take
same to the Receiver of wreck.

23. Receiver of Wreck- within 48 hours of taking over
wreck, post at the nearest police station OR publish
a description of the wreck and of any marks by
which it is distinguished;
Over NGN 100,000- A copy of any description of
any wreck will be sent to the secretary of Lloyd’s in
London;
Section 379 MSA - The wreck is deemed abandoned
when the Shipowner does not come forward to lay a
claim on the wreck within one year.

24.  Between 2006 and 2011- 96 shipwrecks have been removed in
Nigeria’s territorial waters.
 45 wrecks were ear marked for removal in the first phase of the
exercise covering Kulak Fisheries area to the Lagos Port
Complex by Underwater Engineering Company Nigeria
Limited.
 4 additional wrecks were identified and accordingly removed.
 47 other were removed in other parts of the country’s coastline.
 28 wrecks were removed in Port-Harcourt
 12 in Calabar
 7 in Warri

25. 25
Deployment of Wreck Removal Equipment during one
of NIMASA’s wreck removal operationsfie operations

26. Awarding contracts to private companies to remove
the wrecks through the Federal Executive Council
By partially removing the hazardous part of the
wreck OR
 By removing the full hull structure
Contractor in Lagos- Underwater Engineering
Company Nigeria Limited

27. scrapped and sold at the
rate of NGN9,000 (US$45)
per tonne to two
government approved
buyers
AFRICAN STEEL MILLS
FEDERATED STEEL MILLS

28. NGN3.4 Billion naira
(US$17,000,000)
no cure no pay basis which
continued until 2011
no longer afford to carry on
due to the high cost = Project
Stalled

29. Some have preservation societies which play a
strong role in the removal of the wreck
Some have laws that clearly spell out the rights and
responsibilities of each party involved in the
removal
USA- United States Abandoned Shipwrecks Act of
1987
UK- the Protection of Wrecks Act 1973 & Merchant
Shipping Act of 1979 and the Merchant Shipping
(Pollution) Act of 2006

30. Federal Government Agencies are the only parties
that assume responsibilities for the removal of the
wrecks
Owners abandon wrecks and seem to be ignorant
of the implications of the wrecks on the
environment.
Nigeria needs to domesticate and enforce IMO’s
Nairobi Convention on wreck removal

31. Qualifications
The contents herein are meant for the general information of our clients and friends and do not amount to legal advice.
Adepetun Caxton-Martins Agbor & Segun (ACAS-Law) accepts no responsibility for any loss or damage that may arise from
reliance on information contained in this publication.
All enquiries may be made to Funke Agbor at fagbor@acas-law.com or Mojisola Jaiye-Gbenle at mjaiye-gbenle@acas-
law.com.
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