Section 5: Mode of exercise of admiralty jurisdiction

(1) Subject to section 6 of this Act, an action in personam may be brought in the Court in all cases within the admiralty jurisdiction of the Court.
(2) In the case of a claim as is mentioned in section 2 (2) (a) or section 2 (3) (u), or a question as is mentioned in section 2 (2) (b) of this Act, an action in rem may be brought in the Court against the ship or property in connection with which the claim or question arises.
(3) In any case in which there is a maritime lien or other charge on any ship, aircraft or other property for the amount claimed, an action in rem may be brought in the Court against that ship, aircraft or property; and for the purpose of this subsection, "maritime lien" means a lien for-
(a) salvage; or
(b) damage done by a ship; or
(c) wages of the master or of a member of the crew of a ship; or
(d) master's disbursements.
(4)
In any other claim under section 2 of this Act, where the claim arises in connection with a ship and the person who would be liable on the claim in an action in personam (in this Act referred to as "the relevant person") was, when the cause of action arose, the owner or charterer of or in possession or in control of the ship, an action in rem may (whether or not the claim gives rise to a maritime lien on that ship) be brought against-
(a) that ship, if at the time the action is brought the relevant person is either the beneficial owner of that ship in respect of all the shares in it or the charterer of the ship under a charter by demise; or
(b) any other ship of which, at the time when the action is brought, the relevant person is the beneficial owner in respect of all the shares in the ship.
(5) In the case of a claim in the nature of towage in respect of an aircraft, an action in rem may be brought in the Court against that aircraft if, at the time when the action is brought, it is beneficially owned by the person who would be liable on the claim in an action in personam.
(6) Where, in the exercise of its admiralty jurisdiction, the Court orders any ship, aircraft or other property to be sold, the Court shall have jurisdiction to hear and determine any question arising as to the title to the proceeds of sale.
(7) In determining, for the purposes of subsection (4) and (5) of this section, whether a person would be liable on a claim in an action in personam, it shall be assumed that the person has his habitual residence or place of business within Nigeria.
(8) Where a ship has been served with a writ or arrested in an action in rem brought to enforce a claim, no other ship shall (subject to subsection (9) of this section) be served with a writ or arrested in that or any other action in rem brought to enforce that claim; but this subsection shall not prevent the issue, in respect of anyone such claim, of a writ naming more than one ship (for example where the claim relates to repairs to two or more ships in the same ownership) or of two or more writs each naming a different ship.
(9) Where a ship has been arrested, no other ship shall be arrested in the proceeding unless the first-mentioned ship-
(a) having been invalidly arrested, has been released from arrest; or
(b) had been unlawfully removed from the custody of the Admiralty Marshal and the Admiralty Marshal has not regained custody of the ship.
(10) Where a person has a claim that is both-
(a) a claim on a maritime lien or other charge; and
(b)
a general maritime claim,
in respect of a ship and has commenced proceedings against a sister ship, subsection (9) of this Act shall not prevent the arrest of the first-mentioned ship in a proceeding on the maritime lien or other charge if the amount recovered by the person in the proceeding is less than the amount of claim on the maritime lien or other charge.