Unpaid Wages of Crew Members: A Review of Mt Sam Purpose (Ex Mt. Tapti) v Amarjeet Singh Bains

The recent decision of the Court of Appeal in the case of The Vessel MT Sam Purpose (Ex MT.
Tapti) & Anor v Amarjeet Singh Bains & 6 Ors to the effect that only the National Industrial
Court can entertain matters on wages of crew members, has brought to the front burner the need
for a reexamination of the jurisdictional scope of the duo of Federal High Court and National
Industrial Court in the light of constitutional provisions, particularly as it relates to maritime
labour claims. The paper critically reviewed the decision of the Court of Appeal against the
backdrop of settled constitutional provisions, denoting admiralty jurisdiction to the Federal High
Court and found that the court in arriving at its decision neither took proper cognizance of the
provision of section 251(1)(g) of the Constitution nor settled guiding principles in interpretation
of constitutional provision. The work however recommends that despite a somewhat consensus
on the desirability of a legislative intervention on the one part and judicial intervention vide
concurrence of jurisdiction for the duo courts on the narrow compass of labour-related maritime
claims on the other part, the present tenor of section 251(1)(g) as well as other maritime
legislative framework, should be given efficacy as denoting exclusive jurisdiction to the Federal
High Court on maritime labour matters, inclusive of claims of unpaid wages of crew members.