Business
Cabotage Act And Development of Nigerian Maritime
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
The Nigeria Customs Service (NCS) has intensified its anti-smuggling operations in Nigeria’s northeastern corridor, intercepting Premium Motor Spirit (PMS) and vehicles with a total Duty Paid Value (DPV) of over N63 million.
This success was recorded through Operation Whirlwind, a targeted enforcement drive against the smuggling of PMS outside Nigeria.
Disclosing the seizure in a statement at the Customs House in Yola, the Adamawa State Capital, last Friday, the National Coordinator of the operation, Assistant Comptroller-General of Customs (ACG), Hussein Ejibunu, who represented the Comptroller-General of Customs, Adewale Adeniyi, described the outcome as a clear result of intelligence-led and coordinated enforcement within Zone ‘D’.
He disclosed that 1,959 jerry cans, amounting to nearly 49,000 litres of PMS, were intercepted along with five vehicles used in their conveyance.
The seizures were made along well-known smuggling routes, including Dasin-Fufore, Belel-Farang, Mubi-Sahuda, Maiha, and Girei-Wuro Bokki.
“Smugglers fled upon sighting Customs operatives, abandoning their illicit consignments in their desperate bid to evade arrest”, ACG Ejibunu said.
He added that the operation aligns with the Federal Government’s broader economic protection goals under the guidance of the Comptroller-General of Customs, Adewale Adeniyi, and the leadership of President Bola Tinubu.
He emphasised that dismantling illegal fuel supply chains curbs scarcity, stabilises market prices, and strengthens national security.
“This is our contribution to safeguarding national resources and fostering economic resilience”, he said.
In line with Section 245 of the Nigeria Customs Service Act, 2023, the flammable petroleum products will be auctioned immediately, and the proceeds will be paid into the Federation Account.
By: Nkpemenyie Mcdominic, Lagos
Towards advancing President Bola Tinubu’s vision of achieving a $1trillion economy, the Minister of State for Industry, John Owan, has emphasised the strategic importance of Nigeria’s sugar sector.
A statement obtained by The Tide’s source said Enoh stated this during a public hearing organised by the House of Representatives Committee on Industry, held as part of efforts to amend the Establishment Act of the National Sugar Development Council.
The Minister, while addressing stakeholders, shared insights from a recent Federal Executive Council (FEC) meeting, which disclosed President Tinubu’s recognition of the potential in the sugar sector.
He said, “about two weeks ago, the President spoke about sugar at the FEC meeting.
“That in itself reflects the importance of sugar as a strategic industrial and domestic product that no country should take lightly, and Nigeria should be no exception.
“The sugar sector has a significant role to play in the President’s commitment to a $1 trillion economy.
“Our approach must ensure it contributes effectively to job creation and rural economic development.”
Commenting on it, the Executive Secretary of the NSDC, Mr. Kamar Bakrin, said full implementation of the Nigeria Sugar Master Plan could save the nation over $1 billion in foreign exchange annually.
The NSDC scribe noted the plan’s potential to drive employment, attract large-scale investment, and stimulate rural development.
Bakrin explained that the proposed legislative amendments aim to redefine the council’s powers and align its financial structure with the 1999 Constitution.
Stressing the necessity of robust investor confidence to realise the NSMP’s vision, Bakrin said “We require about $4.5 billion in investments to fully achieve the NSMP’s objectives.
“Investor confidence is therefore crucial, and this can only be attained through transparent and rule-based policies.”
He, however, expressed concern over a recent government directive mandating that 50 per cent of the sugar levy be paid into the Consolidated Revenue Fund, warning that such a move could undermine sectoral progress.
“The sugar levy was not intended as a general revenue-generating mechanism but as a dedicated fund to support the sector’s growth.
“Redirecting it threatens to defeat its original purpose”, Bakrin stated.
The National Agency for Food and Drug Administration and Control, represented by Iba Edward, acknowledged the bill’s intent but cautioned against regulatory overlaps.
She said, “Some proposed provisions encroach on NAFDAC’s core responsibilities under Section 5 of our Act. We urge lawmakers to clearly define roles to avoid duplication”.
A former Minister, Aliyu Idi Hong, who represented BUA Group, highlighted the company’s commitment to sugar development, citing a 50,000-hectare plantation, with 20,000 hectares currently under cultivation.
He stressed the importance of policy stability to sustain investor interest.
Speaking, the Head of Government and Community Relations at Flour Mills of Nigeria, owners of the Golden Sugar Company in Sunti, Niger State, Mr. Onome Okurah, shared ongoing efforts to boost local production.
He noted that GSC cultivates over 6,000 hectares and currently sustains sugar production for four months each year.
“With stronger partnerships, we expect tangible results in the coming years”, he stated.
On his part, Chairman of the House Committee, Enitan Dolapo Badru, assured all stakeholders that the amendment process would be inclusive and aimed at empowering the NSDC to fulfil its mandate effectively.
Former Nigerian President, Dr. Goodluck Jonathan, has been awarded the “Lifetime Achievement Award” of the Nigerian Content Development and Monitoring Board (NCDMB).
Jonathan was bestowed the award at the maiden edition of the “Champions of Nigerian Content Awards”,recently, as part of events for the 5th edition of the NCDMB’S Nigerian Oil and Gas Opportunities Fair (NOGOF), which took place at the content tower, headquarters of the Board in Yenagoa, the Bayelsa State capital.
Receiving the award, the ex-President commended the management and staff of the Board for the milestones achieved by the Board in the implementation of the Nigerian Content in the Oil and Gas industry.
He noted that prior to the enactment of the Nigeria Oil and Gas Industry Development Act (NOGIC-D Act), there were no better laws regulating operations in the hydrocarbon industry in the nation, save for a few that post- existed the discovery of oil in commercial quantity in the Niger Delta region.
The ex-Nigerian leader also lauded former Senator Lee Maeba of Rivers State, who he said sponsored the NOGIC-D Act as a private member bill, noting that the Nigerian National Assembly then was made up of people of integrity and honesty.
“Before the NOGIC-D Act was enacted by the Nigerian National Assembly when I was President, there wasn’t any good law guiding the operations in the oil and gas industry in this nation.
“As Deputy Governor of Bayelsa State under the late Chief DSP Alamieyeseigha’s administration, I led a state business delegation to China to understudy certain things in that nation, especially the oil industry.
“So, when we came back, Alamieyeseigha asked me to interface with President Obasanjo, the then President. I met him in the State House and discussed our findings with him, but there wasn’t any enabling law to save the situation.
“As God may have it, in 2010 when I became Acting President, the bill, which established the Nigerian Content Development and Monitoring Board, was sponsored as a private member bill by Senator Lee Maeba and upon its passage, I hurriedly, but meticulously assented to it to create the NCDMB.
“I’m happy with the milestone achievements of the NCDMB under various Executive Secretaries. The Board is doing tremendously well. I’m happy to hear that the Board has implemented the Local Content policy to about 56 percent”, he said.
The Tide reports that some firms and other individual stakeholders in the oil and gas industry also received awards in various categories.
They include, Dangote Refinery and Petrochemical Company, which received the award of the “Nigerian Content Downstream Operator of the year”, Dorman Long Engineering Limited, was awarded the “Nigerian Content Indigenous Service Company of the year”, while TechnipFMC clinched the “Nigerian Content International Service Company of the year” award.
Others are: This Day Newspapers, which received the award of the “Nigerian Content Media Organisation of the year”; Bank of Industry (BOI), which got the award of the “Nigerian Content Financial Service Provider of the year”; the Nigerian Liquified Natural Gas (NLNG) took the “Nigerian Content Midstream Operator of the year” award; Aradel Holdings Plc clinched the “Nigerian Content Independent Upstream Operator of the year” award; while Shell Petroleum Development Company (SPDC), now Renaissance Africa Energy Company Ltd., was given the “Nigerian Content International Upstream Operator of the year” award.
In other categories, Mr. Tony Attah of Renaissance Africa Energy Company Ltd, won the “Nigerian Content Icon of the year” award; Professor Emenike of the University of Nigeria (UNN) clinched the “Nigerian Content Innovator of the year” award; while Mrs. Iroghama Ogbeifun of Starzs Gas Ltd. won the “Nigerian Content Women in Leadership” award for promoting Women Empowerment in the oil and gas industry.
Earlier in their separate remarks, the duo of the Executive Secretary, NCDMB, Engr. Felix Omatshola-Ogbe, and the Chairman of the NCDMB award advisory committee, one time Executive Secretary of the Board, Engr. Ernest Nwapa, underscored the need for the award.
The NCDMB’S Scribe, Ogbe, who reiterated his desire to improve on the gains of the Board, promised a continued implementation of the NOGIC-D Act within its guidelines, saying the new Presidential executive orders has also strengthened the Board under his stewardship.
By: Ariwera Ibibo-Howells, Yenagoa