By Daniel Abia

The Citizens Whistleblowers Coalition (CWC) has raised concerns over efforts by Mediterranean Shipping Company (MSC) to secure an anti-suit injunction from a London court, which allegedly undermines Nigeria’s civil justice system.

According to the group, MSC obtained an ex parte anti-suit injunction from the High Court in London (Suit No: CL-2024-000700), aiming to prevent a Nigerian company from pursuing litigation on an admiralty matter within Nigeria.

A statement issued by Nafiu Ibrahim, Head of Research and Monitoring at CWC, on Sunday in Port Harcourt, revealed that MSC claims an exclusive jurisdiction clause in their terms of engagement grants the High Court in London sole authority over disputes related to shipping services rendered to Nigerians and Nigerian companies.

The clause purportedly allows MSC to litigate against Nigerian companies worldwide while restricting Nigerians to pursuing claims only in London.

CWC described this requirement as an affront to Nigeria’s sovereignty and an attempt to undermine the country’s legal system. The group emphasized that Nigerian law is clear on the Federal High Court’s admiralty jurisdiction in matters connected to Nigeria.

Citing Section 20 of the Admiralty Jurisdiction Act, CWC highlighted that agreements seeking to exclude the jurisdiction of Nigerian courts in admiralty matters are null and void if:

The place of delivery or performance is in Nigeria, or

Any of the parties resides in Nigeria.

The coalition expressed concerns over MSC’s allegedly oppressive practices, particularly regarding demurrage and detention charges, stressing that requiring aggrieved Nigerians to seek redress in London only exacerbates the unfairness.

“MSC conducts significant business operations in Nigeria but appears to disregard Nigerian laws while profiting from the country. This calls for scrutiny from the Nigerian Presidency, the National Assembly, and the judiciary,” the statement read.

CWC also urged a comprehensive investigation into MSC’s activities in Nigeria, including its tax compliance. The group argued that a company unwilling to subject itself to Nigeria’s legal system might also be evading tax obligations.

Despite being one of the largest container shipping lines globally, with over 200,000 employees and annual revenues exceeding €86 billion, MSC must respect the legal systems of countries where it operates, the coalition asserted.