A maritime operator in the eastern zone has called on the Federal Government to without further delay replace the Nigerian Ports Authority (NPA) with a neutral concession compliance regulator.
Making this known in Port Harcourt while speaking to reporters, the General Manager of ECM Terminal Calabar, Mr. Kingsley Iheanacho, said that it is not healthy that the NPA presently doubles as the Leassor (landlord) and the regulator.
According to him, “the current arrangement has been a learning process for all parties with occasional disagreement by the parties. In the realm of natural justice, it is often said that you cannot be a judge in your own case”.
He also explained that the proposed establishment of a National Transport Development Commission (NTDC) with a mandate to play a supervisory and regulatory role over parties involved in the transport sector concession has not been implemented.
The ECM General Manager further posited that the role of NPA as landlord and regulator in this post-concession regime, has posed some difficulties and challenges to the operations of concessionaires terminal operators, adding that this does not portend well for the proper development of the port system.
For meaningful progress to be made, Mr. Iheanacho posited that speedy creation of an independent regulatory body for the ports concession in the country be made.
He stated that a bill that may eventually transform the Nigerian Shippers Council into the National Transport Development Commission is in the making in the National Assembly.
He said the proposed transport commission, according to the draft bill, when passed into law perform certain functions, which will be advantageous and create a balance in ports concession.
Part of these advantages he said are the facilitation of the financial viability of regulated industries and related services, as well as facilitation of effective competition that will promote competitive market conduct.
Also, such body will facilitate the creation of an economic regulatory frame work in respect of the provision of transport services and facilities which will promote and safeguard competition, fair and efficient market conduct, or in the absence of a competitive market, prevent the misuse of monopoly or market power.
Other advantages, according to the ECM General Manager, are to ensure that the misuse of monopoly or non-transitory market power is adequately prevented.
The body, he said, will be responsible to protect the interest of users of transport services by ensuring that prices are fair and reasonable, while having regard to the level of competition in and the efficiency of the entire transport industry.
Iheanacho also posited that the regulatory body will also facilitate the incentive for efficient long-term investment in Nigeria for the provision of transport services and facilities, if the regulatory body will be made to see the light of the day.

Corlins Walter