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The Important Components of the Regulatory Framework Governing The Maritime Sector in Nigeria

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Travel by sea and other related water bodies remains the prominent means of executing International trade and the movement of goods in bulk. However, this places a huge regulatory burden on countries which have to exercise the utmost diligence in screening which vehicles and cargo loads pass through their ports of entry. 

This forms the focus of this article which looks at the Nigerian Maritime Sector and the components of the regulatory framework governing it. 

The components of the Regulatory Framework governing the Nigerian Maritime Sector are :-

The Maritime Sector in Nigeria is governed by the following laws and agencies :-

The Constitution of the Federal Republic of Nigeria 1999 (as amended)

-The Cabotage Act of Nigeria.

– The Admiralty Jurisdiction Act.

– The Merchant Shipping Act.

– The Federal High Court of Nigeria.

– The Nigerian Ports Authority (NPA).

– The Nigerian Maritime Safety and Administrative & Safety Agency (NIMASA).

The Federal High Court of Nigeria :-  The Admiralty Jurisdiction Act provides for the jurisdiction of the Federal High Court as covering the following subject matters :-

  1. Questions of proprietary interest in marine vessels .
  1. Any maritime jurisdiction being exercised previously by any court in Nigeria before the commencement of the Admiralty Jurisdiction Act.
  1. Actions or applications relating to any cause or matter by any ship owner or any other person under the Merchant Shipping Act.
  1. Liability Claims arising from Oil pollution .
  1. Causes of action arising from inland waters shipping classified as a national waterway.
  1. Causes of action arising from Federal ports in the country.
  1. Causes of action arising from banking transactions in support of the exportation and importation of goods from and into Nigeria via marine vessels.

The Merchant Shipping Act :- This is an act of the National Assembly that serves as the foundational legislative instrument governing ship collisions and liabilities arising from collisions.

Under this Act, liability for damages or loss caused by marine collisions will be directly proportional to the level of causative responsibility attributable to the parties involved.

This act also applies to ships and vessels owned by the Nigerian Government.

The Nigerian Maritime Administrative and Safety Agency (NIMASA) :- NIMASA is a government agency created by the NIMASA Act 2007 and which is entrusted with jurisdiction over Maritime safety , security, and shipping registration as well as Maritime labour matters.

NIMASA’s main functions are :-

– Overseeing the registration and licensing of ships.

– Developing a framework for the regulation and management of Maritime training and Safety standards.

– Regulating seafarer certification.

– Providing & enforcing maritime vessel safety regulations compliance.

– Ensuring safety in the Nigerian shipping industry regarding ship construction and navigation standards

– Exercising regulatory functions regarding merchant shipping.

The Coastal & Inland Shipping (Cabotage) Act 2003 :- This is an act of the National Assembly which was created to serve the functions of –

  1. Exercising regulatory functions over marine transportation in Nigeria.
  1. Ensuring the creation of a Cabotage vessel financing fund.
  1. Creating a favourable support system to enable Nigerian citizens own or manage vessels while limiting over-dependence on foreign vessels in the carriage of goods across the country’s waterway system.

The National Industrial Court of Nigeria (NICN):- This is a component of the Superior Court hierarchy that exercises original jurisdiction over Maritime Labour causes in Nigeria.

The International Maritime Organisation (IMO) :- This is an  agency of the United Nations (UN) established in 1958 and which admitted Nigeria into it’s membership on the 15th of March, 1962.

This agency was created to implement the UN Convention on the law of the sea 1982 (which Nigeria is a signatory to) which is one of the most developed systems of international law governing peace time international maritime causes.

Senate Backs CBN on Naira Notes Redesign, But Want the Deadline Extended

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Nigerian naira banknotes are seen in this picture illustration, September 10, 2018. REUTERS/Afolabi Sotunde/File Photo

The decision of the Central Bank of Nigeria (CBN) to redesign N200, N500 and N1,000 naira has got legislative backing from the Nigerian Senate.

The upper legislative arm of the National Assembly approved a motion supporting the redesign of the naira notes after a rowdy session.

Senator Uba Sani moved the motion with the title: “Re-design of the New Naira Notes by the CBN: A Call for Legislative Support.”

The motion read: “Notes that currency management is a key function of the Central Bank of Nigeria and the integrity of the Naira and efficient supply of banknotes are indicators of a performing central bank, especially in predominantly cash-based economies such as Nigeria;

“Notes also that in recent times, currency management in Nigeria has faced series of challenges that have affected the ability of the CBN to efficiently carry out its mandate of issuing legal tender (i.e., provision of an adequate volume of clean banknotes in the right denominational mix for members of the public)

“Concerned that these challenges will continue to grow in scale, with attendant consequences on CBN and Nigeria’s reputation, if left unaddressed;

“Aware that these challenges are primarily centered around the wholesale hoarding of Naira banknotes by members of the public. Available statistics show that cash outside banks consist of over 80 per cent of Currency-In -Circulation (CIC).”

The motion succeeded by a majority of bipartisan support amidst concern that the Jan 31, 2023 deadline given by the central bank to totally implement the redesign is insufficient.

The motion was debated mainly on the argument that the deadline should be shifted by three more months. Senator Orji Uzor Kalu, with the support of senators Ali Ndume, Abiodun Olujimi, Betty Apiafi, Barau Jibrin, Chukwuka Utazi, argued that although the CBN policy is good, the deadline should be extended to enable effective compliance.

According to Kalu, the CBN governor Godwin Emefiele should be invited by the Senate Committee on Banking and Finance and be persuaded to move the deadline to April 30, 2023.

However, the senators’ push for the CBN to move the deadline is understood to be a ploy to help politicians offload the huge cash they have stockpiled for the elections. With the elections scheduled to hold in the early months of 2023, the central bank’s directive that old naira notes should be deposited to banks by the end of January, will greatly scuttle politicians’ chances to influence the outcome of the elections with vote-buying.

But senator Sani urged the red chamber to support the CBN naira redesign policy including the deadline. President Muhammadu Buhari had said that the CBN’s decision to redesign the naira notes, which is scheduled to take effect from Dec 15, has his backing.

The CBN said as at the end of September 2022, N2.73 Trillion out of the N3.23 trillion currency in circulation, was outside the vaults of commercial banks across the country, and supposedly held by the public. Thus, the apex bank’s decision to redesign the naira notes is aimed at curtailing the amount of cash stashed outside banks’ vaults. This, as believed by many, will help tame inflation.

With a divided house, the concern that rural areas would not be able to meet the CBN’s Jan 31, 2023 deadline, due to underbanking, became another concern for the Senate.

Senator Ali Ndume had earlier noted that there were only five banks in the entire 27 local government areas in Borno State since the insurgency started in the state, amplifying the concern that in some states across the country, Nigerians who lack access to financial inclusion will be seriously impacted by the naira notes redesign. Most banks in the rural communities have been shut down due to insecurity.

Although the senate indulged in heated debate over the matters arising, particularly the deadline issued by the CBN, it later resolved to support the naira notes redesign with legislation.

Deputy President of the Senate, Senator Ovie Omo-Agege, who presided over the session, said it was the prerogatives of the CBN to redesign the naira and put a deadline for compliance.

However, the Senate agreed that Emefiele has more clarification to make on the issue as regards its impact on national interests.

There is belief that the naira redesign will help in the fight against insecurity. But Senator Betty Apiafi noted that terrorists have opted to collect ransom in foreign currency, following the CBN’s decision to redesign the naira notes.

How Nigerian Youth Can Co-Curate Identity and Capture Value Using Non-Fungible Token

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New technologies have been both a curse and a blessing to many young people around the world. Many young people have used mobile phones and social networking sites to create, post, and distribute content that has resulted in cyber and physical attacks. These technologies have also been used by youth to promote and market various cultural values, norms, and knowledge. In this regard, many young people who toe the line have done well for themselves and others. This is the case of Adisa Olashile, a Nigerian youth who began photographing people, places, and objects in 2016. Adisa Olashile, a Linguistics and Communications graduate of Osun State University, Osogbo, recently enlivened Balzer’s (2014) idea that “curating always follows art, not the other way around – that would be awful” by photographing an elderly drummer in Ibadan with the intention of raising the drummer’s socioeconomic status.

The elderly drummer goes around the city entertaining people with his drumming skills without making a lot of money. Olashile, who enjoys listening to drums and dancing, took a series of photographs of the drummer. Olashile tweeted the images and expressed interest in expanding his curation activities by minting them as a non-fungible token (NFT) on OpenSea and selling them for 0.3 Ethereum (Eth) each. People purchased the photographs, resulting in a total revenue of N1,000,000. Olashile gave the drummer half of the money.

According to Forbes, “An NFT is a digital asset that can come in the form of art, music, in-game items, videos, and more. They are bought and sold online, frequently with cryptocurrency, and they are generally encoded with the same underlying software as many cryptos.”

Olashile, in my opinion, has fulfilled one of the core characteristics of a curator by minting the images and selling them on NFT. According to Balzer (2014), curated materials or objects must be value-laden. Olashile has demonstrated that curators must prioritize value whether it exists in the materials or objects by not limiting themselves to taking photographs and tweeting them. His activity also suggests that curating cultural materials and/or objects may benefit both curators and possessors.

The moment the aged drummer received his 50% share of N1,000,000 generated from selling his photographs via NFT
Source: Pulse.ng

Emerging Respectability Politics for the aged Drummer

What the aged drummer lacked in formal education and technological devices that would have allowed him to market himself using NFT was compensated for by the youth’s rising socio-educational status and understanding of how emerging technologies work for marketing personal identity. This, in my opinion, resonates with Pitcan, Marwick, and Boyd (2018)’s idea of respectability politics, which stated that upwardly mobile young people of low socioeconomic status in New York City crossed socio-political boundaries by rejecting socially and politically-driven stereotypes on social networking sites.

However, in the context of the aged drummer, respectability politics is more associated with the fact that the drummer was able to come into the limelight after several years of displaying his drum artistic and knowledge despite public perception of traditional drumming as a bad job for upward economic status through co-identity curation. After giving the drummer 50% of the money, Olashile opened a bank account for him to ensure the money’s safety. He also bought a new phone for the drummer and gave him a large photo frame.

Basically, Olashile has a technological tool and a better understanding of how curated culture functions, and he used them to curate his own brand identity (NFT creator) while also promoting drumming artistry and knowledge of the drummer. “This is a very good example for our youths to emulate. It is a neat and pure, transparent transaction and the guy was sincere by fulfilling his promise to the old man,” Olayode Olayiwola Jacob said while reacting to the video that captures the curation process and virality of the drummer.

Mobility Company Bolt Expands Services in Nigeria, Plans to Ease Intercity Travels

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Mobility company Bolt has expanded its services in Nigeria by introducing inter-city travel, as it seeks to ease the mobility of riders traveling across States.

This new upgrade comes from Bolt’s inclination to transport people conveniently while increasing the quality of service for inter-city riders.

However, the startup inter-city category doesn’t apply to all routes in Nigeria, as it is only available for Owerri-Port Harcourt and Lagos-Ibadan routes.

The service, which is already available on the mobile app, permits users to book trips to and from these cities, without the hassle of commuting to their destination.

In a bid to ensure its affordability, Bolt is giving a 20 percent discount on all inter-city trips with a maximum of N5,000 per ride.

The booking of an intercity trip is also the same as that of the regular (intra-city) trip. All that is needed for the rider to do is to input their location and desired destination on the app and get paired with a nearby driver.

However, this service is different from Bolt’s regular trip in the area of timing. The inter-city trip is only available from 6 am to 3 pm.

With a commitment to easing the mobility of riders in Nigeria following its recent service upgrade, Bolt reiterates its position as the leading mobility company in the country.

Since its launch into Africa’s most populous nation in 2016, it has continued to redefine Nigeria’s mobility sector with its unique offerings. In 2019, Bolt rebranded from Taxify to better reflect the company’s vision to build a more convenient and affordable future of urban mobility.

Beyond the conventional motor ride-hailing services, the company has also diversified by introducing tricycle services which are available in five (5) cities across Nigeria. Bolt is no doubt committed to providing innovative ways to cater to the demand for mobility services.

It has continued to grow in leaps and bounds which has seen it operate in 33 cities in 25 states in 2021. The company is currently on a journey to build a presence in Nigeria’s 36 states, further deepening its motive to redefine mobility in Nigeria.

Musk is Abusing His Employer Privileges in Latest Memo To Twitter Employees on Quitting

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In the Ovim community, there are two key axioms everyone grows up with: 

(1) aka ojoo gara na-nnu agwo gbakwaya” [ any bad hand that enters into the rabbit warren, may the snake bite him or her].

(2) nkparuri egwu la mu [as I work and pursue legal ways to earn a living, I will not die on it]

These two axioms are connected: you are expected to work hard to earn a living – but in that process, if you do evil while in that process, you should expect to be consumed. 

That takes me to what Elom Musk is doing to Twitter workers. Yes, while he has the right to push for higher productivity, he needs to respect the dignity of work. Earning a living in Twitter is an honuorable thing. Somehow needs to tell Musk that. These workers are humans and not “numbers” to be experimented with.

Read his latest memo.

Going forward, to build a breakthrough Twitter 2.0 and succeed in an increasingly competitive world, we will need to be extremely hardcore.

“This will mean working long hours at high intensity. Only exceptional performance will constitute a passing grade. Twitter will also be much more engineering-driven.

Design and product management will still be very important and report to me, but those writing great code will constitute the majority of our team and have the greatest sway. At its heart, Twitter is a software and servers company, so I think this makes sense.

If you are sure that you want to be part of the new Twitter, please click yes on the link below:[Google form link] Anyone who has not done so by 5 pm ET tomorrow (Thursday) will receive three months of severance. Whatever decision you make, thank you for your efforts to make Twitter successful.”

That memo is degrading but I understand to earn a living, men and women have limited options in this firing age. But that does not mean Musk must not be cautioned!

He can achieve his points without making work look like “0” and “1”. Running a social media is largely within social science and not the same as building cars and rockets (natural philosophy). What that means is that things are not that easy for social media firms because uncertainties are unbounded!

Updated: After I wrote the piece, LinkedIn News reported as follows.

So many Twitter employees took Elon Musk up on his offer of three weeks’ severance — rather than commit to “hardcore” work by a 5 p.m. ET deadline Thursday — that the new CEO was left scrambling to retain workers, Bloomberg reported, citing anonymous sources. In somewhat of an about-face email to staff, Musk said flexible options would now be available. Early reports suggest it wasn’t enough, however, with The New York Times saying “hundreds” left the company. Employees were signing off internal channels with salute emojis, which became the symbol for “I quit.” Sources tell Bloomberg Twitter would undoubtedly “have trouble fixing problems or updating systems during its normal operations.”

Comment on Feed

Comment: Well, that’s how Elon has been running his companies and his the world’s richest man. So, maybe sir, you’re the one that needs to be spoken to. By the way, Elon Musk himself is a workaholic, there is nothing wrong if he demands the same kind of energy from his employees.

My Response: There is nothing he is doing that others do not do. But in life, there is always a space for decency and respect. That you can hire someone and pay him does not mean he has no rights to decency. Think about him, a professor has you as a PhD student in his lab. First day, he fires you. Second week, he recalls you. Next week, he asks you to check a button if you want to stay or not. Next day, he comes back, you are fired. That he is your professor does not mean he is your lord. You cannot fire and re-hire someone 3 times in a month. That is not how it works.

Another commenter on my response: I completely agreed with you on this Prof. He needs to take a well-rounded decision but not in this haphazard manner. Human beings are resources with dignity and should not be used for experimentation and guess estimations

Comment 2: Prof ,until you have 200Billion USD in equity or cash,I’d prefer Elon Musk’s approach.

My ResponseI understand your feelings. It was like that until one day I sat on the same table and ate lunch with Bill Gates. By the time we finished that first meeting, I knew something: the best liberation is not thinking of the size of your pockets day and night. Why? If you do crazy things because you have a big bank account and can do whatever you want, you will become miserable. Elon can afford to fire, hire, fire, etc because for him, it is all money. But check over time, he will grow wiser to see beyond $$$. 

When that happens, he will look for how to give out most of the money so that he can feel better. I am not sure he will be Twitter boss in 6 months because he will feel empty at night despite the increasing digits in the bank. Go for it….but as a teacher, I have no chance.