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SUBSEQUENT DECLARATIONS
LODGED BY THE FEDERAL REPUBLIC OF NIGERIA UNDER THE CAPE TOWN CONVENTION
on 26 March 2007

 

 

(i) Form No. 1 (specific Declaration under Article 39(1)(a))

 

The Federal Republic of Nigeria declares that the following categories of non-consensual right or interest:

 

(a) liens in favor workers for unpaid wages arising since the time of a declared default under a contract to finance or lease the subject object for services performed relating to that object; and

 

(b) liens in favor of repairers of an object in their possession to the extent of services performed on and value added to that object -

 

have priority under its law over an interest in an object equivalent to that of the holder of a registered international interest and shall have priority over a registered international interest, whether in or outside insolvency proceedings.

 

 

(ii) Form No. 6 (Declaration under Article 40)

 

The Federal Republic of Nigeria declares that the following categories of non-consensual right or interest:

 

(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement;

 

(b) liens or other rights of a state entity relating to taxes or other unpaid charges;

 

(c) liens of a salvor for unpaid charges in respect of salvage services provided to an aircraft object when it is water borne;

 

(d) liens of a person providing towage services to an aircraft object when it is water borne in respect of unpaid charges and

 

(e) liens of a bailee of an aircraft object in respect of unpaid charges for the bailment of the said aircraft object,

 

shall be registerable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

(iii) Form No. 11 (Declaration under Article 53)

 

The Federal Republic of Nigeria declares that the Federal High Court established under Section 249 of the Constitution of the Federal Republic of Nigeria 1999 is the relevant court for the purposes of Article 1 and Chapter XII of the Convention.

 

 

(iv) Form No. 13 (Mandatory declaration under Article 54(2)) *

 

The Federal Republic of Nigeria declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

* [This declaration was notified to UNIDROIT by the Government of the Federal Republic of Nigeria, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 26 March 2007, and in accordance with Article 57(2) of the Convention it took effect on 1 October 2007.

A previous declaration (see below) by the Government of the Federal Republic of Nigeria under Article 54(2) of the Convention was withdrawn by the Government of the Federal Republic of Nigeria pursuant to Article 58(1) of the Convention, with the withdrawal taking effect from 1 October 2007:

 

Pursuant to Article 54(2) of the Convention, any remedy available to the Creditor under any provision of the Convention which is not there expressed to require application to the Court, may be exercised without leave of the court.]

  

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Declarations lodged by the Federal Republic of Nigeria under the Aircraft Protocol

 

 

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