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Cabotage Act And Development of Nigerian Maritime

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Indigenous maritime operators are beginning to take their destiny into their own hands since the enactment of the Cabotage law, which is now  Act of the National Assembly.

It became obvious that the Cabotage Act has given impetus to indigenous maritime operators to become conscious of their rights as well as to enforce it for the overall development of Indigenous flagships, as against the maritime dominated by foreign flagships.

This conciousness that was elicited by the Cabotage regime which by implication could be termed the beginning of real development of Nigerian maritime came to bare when the Nigerian ship owners, through their umbrella body, the indigenous Shipowners Assocation of Nigeria (ISAN) went to court late last year to seek redress against foreigners encroachment into the business that was legitimately reserved for them by law.

This step taken as evidenced in the litigation clearly reveals the level of frustration of indigenes in the maritime operations in Nigeria by their foreign counterpart, as many of them merely operate like prostitutes, as they are often found hanging around the water side or offices where oil lifting contracts are awarded, in search for patronage that can keep them afloat.

It was a sad experience for indigenous ship owners whose hopes were dashed, as the foreign shipowners have perfected ways of circumventing the law (Cabotage) under which they were dragged to court.

Turn out in the case clearly justified the need to review the Cabotage law, which also could be referred to as the law of Coastal and Inland Shipping, which reserved the business of lifting or carriage of goods and passengers from one point to another within the country to Nigerian built, flagged and crew vessels.

The litigation was carried out jointly by  Pokat Nigeria Limited and the indigenous ship owners, where a foreign shipping company, MBX of St. Vincent and Grenada was accused of using its vessel to transport petroleum products within the country, which is contrary to the provisions of the 2003 Nigerian Inland and Coastal Shipping Act (The Cabotage act).

The verdict of the trial Judge, Justice Okechukwu Okeke, clearly points out short-comings associcated with the Cabotage law, as he dismissed the case on the evidence that the vesel actually carried the products from Cotonou, the Republic of Benin and not within Nigeria.

In his ruling, the Judge stated, “MBX Shipping Limited and MT Makhambet did not breach the act since the ship was loaded in Cotonou, Benin Republic, undermining the fact that there was no refinery in Cotonou to warrant the loading of petroleum products from the country”.

One good thing the judgement has done is to expose the weakness of the Cabotage act, so that steps could be taken to amend it, so as to resolve future cases in favour of indigenous operatives, if really the indigenous maritime operators must take their destiny in their own hands, towards the legacy of real development of Nigerian maritime.

Indeed, the law itself needed amendment for easy interpretation at the court of law, and indeed since 2007, the Cabotage Act has been going through review, by a committee chaired by former chairman of Senate Committee on Marine Transport, Senator Ugochukwu.

The Act in section three had stated: “A vessel other than a vessel wholly owned and manned by a Nigerian citizen built and registered in Nigeria shall not engage in the domestic coastal carriage of cargo and passengers within the territorial, coastal, Inland waters, Island or any point within the waters of the exclusive economic zone of Nigeria”.

The indigenous operators may have relied on the provisions of section five which made it impossible for foreign ship and foreign ship owners to engage in carriage of petroleum product from one point to another within Nigeria.

It must be put in focus that the Cabotage Act came to existence because of the need to gradually encourage the Nigerian maritime indigenous operators to actively participate in shipping business, but several years after, the people for which it is intended are still crying foul, which simply means that there is a crack in the law itself.

This of course is a challenge for the Federal Government, and indeed the Nigerian Maritime Administration and Safety Agency (NIMASA), which duties also include encouraging and empowering ship owners among others.

The Nigerian maritime must move forward, and the success of which will begin with proper enactment of laws that will protect indigenous operators, for which Cabotage is a must.

 

Corlins Walter

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NPA Assures On Staff Welfare 

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The Managing Director, Nigerian Ports Authority (NPA), Dr. Abubakar Dantsoho, has said the management will continue to accompany its port infrastructure  and equipment  modernization drive  with the development of the welfare of its personnel.
Dantsoho made the disclosure recently while responding to the commendation by the Maritime Workers Union (MWUN) and the senior Staff Association of Statutory Corporations and Government-Owned Companies (SSASGOC) on the  clearing  of the age-long problem of employee stagnation, when the union paid him a courtesy visit at the Authority’s headquarters in Lagos.
A Statement by NPA’s General Manager Corporate & Strategic Communications, Mr. Ikechukwu Onyemekara, quoted Dantsoho as saying,  “our Port infrastructure and equipment modernization drive will go hand-in-hand with continuous staff welfare improvement”.
The NPA MD disclosed that human capital development constitutes the key strategy for creating and sustaining superior performance under his watch, adding that “talent development constitutes a critical success factor for the actualization of the big hairy audacious goals we have set for ourselves especially in the area of Port competitiveness.
“The only way we can meet and indeed exceed stakeholders’ expectations is to deepen the competencies of our human resources assets and boosting their morale.”
Speaking further, Dantsoho commended the Honourable Minister of Marine & Blue Economy, Adegboyega Oyetola, for approving the strategic proposal of the Dantsoho-led Management team that solved the over a decade-long problem of lack of promotion that had fuelled industrial disharmony.
“I must specially appreciate our amiable Minister for graciously approving the multi-pronged stratagem we deployed that cleared all outstanding cases of employee stagnation by conducting examinations in one fell swoop and instituted timelines to forestall a recurrence of such anomaly”, he sad.
Speaking on behalf of the joint maritime labour unions, the President  of Senior Staff Association of Statutory Corporations & Government-Owned Companies (SSASCGOC), Comrade Bodunde stated, “In addition to clearance of the backlog of stagnated promotions, we also wish to express our appreciation for the increase in productivity bonuses, provision of end-of-year welfare packages for staff, and the revision of the Financial Guide to the Condition of Service, which now addresses our members’ concerns about inflationary pressures.”
Nkpemenyie Mcdominic, Lagos
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ANLCA Chieftain Emerges FELCBA’s VP

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National Secretary of the Association of Nigerian Licensed Customs Agents (ANLCA), Elder Olumide Fakanlu, has been elected Vice President of the Federation of ECOWAS Licensed Customs Brokers Association (FELCBA).
The election took place during the FELCBA Congress, held from Tuesday, June 17th to Thursday, June 19th, 2025, in Freetown, Sierra Leone.
Fakanlu’s emergence as Vice President marks a significant achievement for Nigeria within the regional customs brokerage community.
Apart from Fakanlu, Secretary of the Seme Chapter of ANLCA, Austin Nwosu, was also elected, securing the role of Secretary of Relations with Institutions.
The Nigerian delegation played an active role in the congress, with Michael Ebeatu nominated as a member of the electoral officer team, ensuring a fair and transparent election process.
The three-day congress concluded with delegates undertaking a visit to the Sierra Leone Port, offering insights into the host nation’s maritime operations, followed by a recreational trip to the Tokeh Beach.
The newly elected executives are expected to lead FELCBA in its efforts to harmonize customs brokerage practices, promote trade facilitation, and advocate for the interests of licensed customs brokers across the ECOWAS sub-region.
Nkpemenyie Mcdominic, Lagos
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NSC, Police Boost Partnership On Port Enforcement 

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In a bid to enhance more enforcement in the nation’s Port, the Nigerian Shippers’ Council (NSC) has reaffirmed its commitment to stronger inter-agency collaboration with the Nigeria Police Force (NPF).
The Council said the collaboration is aimed at enhancing stronger enforcement, compliance and improve operational efficiency across Nigeria’s ports.
Executive Secretary/Chief Executive Officer of  NSC, Dr. Pius Akutah, made this known during a visit to the  Inspector-General of Police, Dr. Kayode Adeolu Egbetokun, at the Force Headquarters, Abuja.
The visit, which he said, focused on strengthening institutional synergy, comes in the wake of growing responsibilities for the NSC under the newly created Ministry of Marine and Blue Economy.
Akutah emphasized the critical role of security agencies in supporting port operations and ensuring regulatory compliance.
He called for the posting of police officers to assist the Council’s monitoring and enforcement teams at key port locations including Lagos, Warri, Onne, Port Harcourt, and Calabar.
“The posting will complement the activities of our revived task teams and enhance our ability to enforce standards across the maritime logistics chain”, he said.
Earlier, the Inspector-General of Police, Dr. Egbetokun, assured the Council of the Force’s readiness to continue supporting the growth of the maritime sector.
The IGP acknowledged that compliance enforcement is essential to the successful implementation of Nigeria’s Blue Economy objectives.
“The NSC and NPF are expected to deepen collaboration in the months ahead, with a shared focus on building a secure, efficient, and competitive port environment”, to the IGP emphasized.
Chinedu Wosu
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