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 :-
Tekedia Mini-MBA edition 14 (June 3 – Sept 2, 2024) begins registrations; get massive discounts with early registration here.
Tekedia AI in Business Masterclass opens registrations here.
Join Tekedia Capital Syndicate and invest in Africa’s finest startups here.
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 :-
- Questions of proprietary interest in marine vessels .
- Any maritime jurisdiction being exercised previously by any court in Nigeria before the commencement of the Admiralty Jurisdiction Act.
- Actions or applications relating to any cause or matter by any ship owner or any other person under the Merchant Shipping Act.
- Liability Claims arising from Oil pollution .
- Causes of action arising from inland waters shipping classified as a national waterway.
- Causes of action arising from Federal ports in the country.
- 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 –
- Exercising regulatory functions over marine transportation in Nigeria.
- Ensuring the creation of a Cabotage vessel financing fund.
- 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.