The Citizens Whistleblowers Coalition (CWC), a Non-Governmental Organization (NGO), has expressed strong opposition to an injunctive order issued by a London court that prevents Nigerian companies from pursuing legal action against MSC Mediterranean Company S.A. (MSC) in Nigerian courts.
The injunction, dated December 29, 2024, was issued by Hon. Mrs. Justice Dias of the High Court of Justice, Business and Property Courts of England and Wales, Commercial Court (KBD).
According to the court order, “until the return date or further order, the defendants shall not commence, bring, continue or prosecute any claims, actions or proceedings relating to the disputes against the Claimants (or against ‘Mediterranean Shipping Company S.A.’) in any court or tribunal, including without limitation any court or tribunal in Nigeria, except in the Courts of England and Wales.”
Furthermore, the order stated that the defendants must not “oppose any application made by the claimants to stay the Nigerian proceedings or to adjourn any hearing or procedural deadline in the Nigerian proceedings.”
It also prohibited any legal action that seeks to “restrain or require termination of or impose sanctions upon or otherwise interfere with the first claimant’s pursuit of its claims before this court in relation to the disputes.”
Reacting to the development, CWC, through a press statement signed by its Head of Research and Monitoring, Nafiu Ibrahim, criticized the injunction, warning that it effectively prevents Nigerian companies from litigating admiralty matters involving MSC in their home country.
The NGO pointed out that MSC was arguing in the London court that it could not be sued in Nigeria for infractions committed during shipping operations within the country.
It explained that in the suit filed in London (Suit No: CL-2024-000700), MSC is claiming that its terms of engagement contain an exclusive jurisdiction clause that grants the High Court in London sole authority over disputes arising from shipping services provided to Nigerians and Nigerian companies in Nigeria.
CWC described the move as an infringement on Nigeria’s judicial sovereignty and called for urgent legal and diplomatic intervention to protect the rights of Nigerian businesses.
