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ADMIRALTY HYPOTHECATION IN NIGERIA: A CRITICAL PERSPECTIVE ON THE JURISDICTION OF THE FEDERAL HIGH COURT

  This article is published and available at pages 160-174 of the Capital Bar Law Journal Vol. 5. No. 1, Fifth Edition unveiled on the 27th of April, 2026 ADMIRALTY HYPOTHECATION IN NIGERIA: A CRITICAL PERSPECTIVE ON THE JURISDICTION OF THE FEDERAL HIGH COURT By Ehusani Abel Simpa *   Abstract   The jurisdiction of the Federal High Court (FHC) over admiralty hypothecation in Nigeria is grounded in the exclusive admiralty jurisdiction conferred by section 251(1)(g) of the Constitution [1] and elaborated in the Admiralty Jurisdiction Act. [2]   Section 2(2)(a) [3] designates claims relating to a mortgage of a ship or share therein as proprietary maritime claims, while section 25(1) [4] expressly defines “mortgage” to include hypothecation, pledge, or charge on a ship or share, whether arising under Nigerian or foreign law and whether at law or in equity. This research adopts a doctrinal and critical approach, analysing the statutory framework, releva...
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