Group Condemns UK Court Order Blocking Litigation Against MSC in Nigeria

The Citizens Whistleblowers Coalition (CWC), a non-governmental organization, has expressed concern over a London Court’s injunction halting litigations against the Mediterranean Shipping Company S.A. (MSC) in Nigerian courts. The order, issued on December 29, 2024, by Hon. Mrs. Justice Dias of the High Court of Justice, Business and Property Courts of England and Wales, prevents Nigerian companies from pursuing legal claims against MSC for services rendered within Nigeria.

According to the court’s ruling, no claims or actions related to disputes against MSC can be brought in Nigerian courts until further notice, with any claims being restricted to the High Court in London. The injunction also blocks Nigerian legal proceedings that might interfere with MSC’s case in London.

CWC, through its Head of Research and Monitoring, Nafiu Ibrahim, has strongly criticized this move. The NGO argued that MSC’s attempt to assert exclusive jurisdiction in London undermines Nigeria’s sovereignty and civil justice system. MSC, in its legal action in London (Suit No: CL-2024-000700), contends that their terms of engagement include a jurisdictional clause that gives the High Court in London sole authority over disputes concerning shipping services rendered in Nigeria.

The CWC highlighted that Nigerian law, specifically Section 20 of the Admiralty Jurisdiction Act, ensures that disputes related to admiralty matters involving Nigeria must be handled in Nigerian courts. The NGO pointed out that any agreement attempting to remove Nigerian court jurisdiction in such cases would be invalid. The law is designed to protect Nigerians when dealing with foreign companies, especially shipping giants like MSC.

CWC expressed concern that MSC’s stance is an affront to Nigerian sovereignty, stating, “The idea that Nigerians can only sue MSC in London for services rendered in Nigeria is a cause for concern. It is a calculated attempt to undermine Nigerian laws.” They also pointed to MSC’s alleged unfair business practices, including excessive charges, as an example of the company’s disregard for Nigerian laws.

The group further questioned why MSC, with significant business operations in Nigeria, would seek to avoid Nigerian courts and instead push for litigation to be handled in London. They urged the Nigerian government, including the Presidency and the National Assembly, to investigate MSC’s activities in Nigeria, including its tax obligations, as they believe a company unwilling to comply with Nigerian legal systems may not be fulfilling its financial duties to the country.

CWC concluded that MSC’s actions call for scrutiny, emphasizing that no company—no matter how large—should be above the laws of the land where it operates and generates revenue.