Maritime
Nigerian Shippers’ Council lacks powers to reverse shipping charges- Ilogu
LAGOS-The Federal High Court sitting in Ikoyi, Lagos on Tuesday fixed December 17 for judgment in the suit filed by the Association of Shipping Line Agencies (ASLA) against the Nigerian Shippers Council over reversal of shipping charges.
The presiding judge, Justice Ibrahim Buba had adjourned the case for ruling after the parties including the Shippers Association of Lagos State (SALS) presented and concluded their arguments.
In his submission, Counsel to ASLA, Mr. Chidi Ilogu argued that no powers been conferred statutorily on the NSC as an interim port regulator to reverse port charges.
He said that the Council cannot justify its action on the purported directive by the Minister of Transport to act in full capacity as an economic regulator.
According to him, there is no amendment to the NSC act till date, hence it cannot enforce and does not have the power to review port charges.
He also pointed out that the defendant also failed to consult and conclude ongoing negotiations with the plaintiff before coming up with the notice it published on Wednesday 28th October to reverse shipping agencies charges.
He said, “They should go and complete the ongoing negotiations. They can’t come and publish something in the press without completing the exercise. That is the law.”
He therefore prayed that the court disregard the notice and declare it null and void.
But counsel to the NSC, Emeka Akabogu urged the court to discountenance the claim of the plaintiffs that the NSC does not have the powers to reverse port charges.
He said the NSC as an agency of government is subject to the Ministry of Transport hence the presidential directive through the ministry that the NSC performs the statutorily regulatory role at the port in the interim is sufficient for the council to issue the notice it filed and has the full capacity to act as an economic regulator.
He said the NSC issuing the notice acted validly in line with the powers conferred on it.
He also noted that based on the 2001 memorandum of understanding between the NSC, Nigerian Port Authority (NPA), shipping companies and shippers , there is no charge known as shipping line agencies charges hence its introduction thereafter by the shipping agencies is illegal.
He said according to the MOU, the parties are not allowed to introduce any other type of charges outside those agreed by the parties involved.
“To the extent that the plaintiffs without concrete agreement by the first, second defendants or any of the other parties went ahead to introduce shipping line agencies charges means they are in breach of that agreement hence that type of charge is illegal,” he said.
He therefore urged the court to strike out in its entirety the case of the plaintiff.
On his part, Counsel to SALS, OsualaNwagbara also argued that the shipping line agencies charges are illegal. He said that the shippers’ association did not at any point in time agree to have shipping line agencies charges introduced within the Nigerian shipping community.
“Any such introduction is not only illegal but unacceptable. No importer should be asked to pay for services which the agent is supposed to collect from his principal and which in fact have been paid.
“We are saying that it is not a charge known anywhere in the world because the principal is supposed to pay his agents. It is not for a third party who uses the services of the principal to pay the services of the agent rendered to the principal except there is a clear agreement to that effect between the third party and the principal.
“So, once freight is paid by an importer to an ocean transporter, included in that are picking up the cargo from the port of loading, discharging it at the point of discharge and releasing the cargo which is what the agent does on behalf of the principal,” he said.
He prayed that the court adopt all the processes filed by the second defendant and dismiss the originating summon of the plaintiffs.
Maritime
Maritime Stakeholders Back Bill For Nigeria Coast Guard At Public Hearing
Stakeholders and experts in Nigeria’s maritime sector have expressed support for the Coast Guard Bill before the National Assembly, with many describing the proposed legislation as a boost to the federal government’s efforts in securing the maritime space.
At a public hearing convened by the Senate Committee on Marine Transport to discuss the bill for the establishment of the Nigeria Coast Guard (NCG), stakeholders presented varying views, with the majority supporting the creation of the NCG.
The majority of presentations voiced strong support for the establishment of the Coast Guard, with notable endorsements from prominent figures including Dr. Olisa Agbakoba, SAN; Dr. Ade Dosunmu, MON, former Director General of NIMASA; Mrs. Jean Anishere, SAN, representing the Nigeria Bar Association; and Rear Admiral Ekwerre U. Ekwerre (Rtd), former Flag Officer Commanding the Training Command of the Nigerian Navy.
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Dr. Olisa Agbakoba described the bill as timely but emphasized the need for professional input to address certain concerns within the draft. He expressed his willingness to assist in this process. Dr. Ade Dosunmu offered full support for the bill, suggesting that the Nigerian Navy should focus on blue-water operations and national defense against external threats, while the Coast Guard should address maritime crimes and incidents along Nigeria’s extensive 855-kilometer coastline using more adaptable resources. He referenced successful maritime nations such as India, Singapore, China, the United States, Japan, Egypt, Morocco, and the United Arab Emirates, all of which have well-defined roles for both the Navy and Coast Guard.
However, Dr. Dosunmu cautioned against assigning functions such as hydrography and oceanographic research to the Coast Guard, as these responsibilities are already managed by other agencies, and incorporating them could divert focus from the Coast Guard’s primary mission.
Jean Anishere, SAN, articulated her support for the bill while highlighting certain ambiguities that must be resolved before it can be enacted. She pointed out specific provisions in the bill that require clarification and further refinement.
Retired Rear Admiral Ekwerre U. Ekwerre addressed concerns raised by the Nigerian Navy and advocated that the Navy should concentrate on defense, showcasing military strength, and conducting diplomatic operations within territorial waters and the Exclusive Economic Zone (EEZ). He asserted that the Coast Guard should be responsible for enforcing maritime laws in the nation’s inland waters.
In summary, while the majority of stakeholders endorsed the establishment of the Nigeria Coast Guard, they also called for careful consideration of the bill’s provisions to ensure clarity and effectiveness in its implementation.
Maritime
How Innovative Financing Would Aid Africa’s Maritime Sector – NIMASA DG
Innovative financing models have been identified as the vital catalyst for achieving sustainable development in the African Maritime industry.
The Director General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Dr. Dayo Mobereola, made the declaration at the 7th Association of African Maritime Administrations (AAMA) conference in Dar es Salaam, Tanzania.
He assured attendees of Nigeria’s commitment to advancing a future where Africa’s maritime sector thrives sustainably.
In his words, “Nigeria is committed to collaborating on technology and innovation to enhance safety, security, decarbonization, and the marine environment for a sustainable future.”
According to him, the conference presents a pivotal opportunity to address our shared challenges, particularly those related to sustainable energy, regional security, and economic growth.
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“We are here to advocate for innovative financing models and international support that will facilitate sustainable growth. As Nigeria pursues infrastructure development and digital transformation within our maritime sector, we call on our regional and international partners to support these efforts through technical and financial backing.
“Our priorities at the AAMA conference include exploring collaborative avenues to enhance maritime safety and security. By reinforcing our adherence to frameworks like the Djibouti and Yaoundé Codes of Conduct, we aim to solidify Nigeria’s role in combating piracy and maritime crime across West Africa,” he stated.
The AAMA was established to lay a firm foundation for regular consultations, enabling African maritime administrations to build joint positions on issues of common concern in the maritime sector.
When Nigeria hosted the 3rd AAMA conference in 2017, a master plan was developed outlining the measures necessary to advance the maritime agenda as envisioned in the African Maritime Transport Charter. The Association has also created a platform to strengthen cooperation at the regional, continental, and international levels, harmonizing policies and goals essential for the growth of the African maritime sector.
Maritime
Oyetola Counts On Nat’l Marine and Blue Economy Policy To Chart New Course For Dev’t
The Honourable Minister of Marine and Blue Economy, Adegboyega Oyetola is of the view that a National Policy on Marine and Blue Economy is essential for the development of the Nigerian maritime sector.
Biztellers reports that Oyetola shared the view, on Tuesday, while declaring open a stakeholders’ validation session aimed at developing the National Policy on Marine and Blue Economy in Nigeria, in Lagos.
The former Osun State Governor emphasized that the National Policy will create a sustainable pathway for economic growth in fisheries, aquaculture, renewable energy, tourism, and seabed mining, while also ensuring environmental sustainability.
He further noted the need for a robust National Policy to address challenges in the sector, including environmental degradation and illegal activities such as Illegal, Unreported, and Unregulated (IUU) fishing.
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In his words, “A robust National Policy will ensure that we address these issues through a comprehensive framework that aligns with international best practices while safeguarding our marine resources for future generations.
“It is worth noting that Nigeria has achieved notable progress in maritime governance, including the ratification and domestication of international protocols and conventions. These measures have strengthened our safety and security framework, resulting in a remarkable three-year period with zero incidents of piracy in our waters. Nonetheless, the recurring boat mishaps underscore the pressing need for immediate action.
“This policy seeks to implement comprehensive strategies to ensure the safety of all waterways. However, challenges such as the recent spate of boat mishaps demand urgent attention. Consequently, this policy aims to establish comprehensive measures that will enhance safety across our waterways.
“As we develop this policy, the Ministry remains committed to repositioning Nigeria as a dominant player in the marine and blue economy, both regionally and globally. We are also pursuing Nigeria’s candidacy for election to Category C of the International Maritime Organization (IMO), which underscores our determination to strengthen our voice in global maritime governance”.
In his welcome address, the Permanent Secretary of the Ministry, Olufemi Oloruntola, noted that the validation workshop is a key step in shaping the National Policy on Marine and Blue Economy — a framework designed to address Nigeria’s specific needs and aspirations while embracing sustainable development principles. “It provides an opportunity for stakeholders to review, refine, and enrich the draft policy through a participatory and inclusive approach,” he said.
The draft policy, which consists of nine parts, offers an elaborate overview of our country’s marine and blue economic endowments and their current state. It affirms our mandate, vision, and mission, setting the stage for the policy’s objectives and aspirations. It further dissects these aspirations into five broad parts of legal and institutional framework; maritime transport, trade and shipping; fisheries and aquaculture; marine abiotic resources; and marine innovation and technology. It also identifies a range of cross-cutting issues and concludes with an assessment of stakeholders to support the implementation structure. Overall, it is a comprehensive document.
Also present at the event were the Chief Executive Officers of all the agencies under the Ministry, including Dr. Dayo Mobereola, Director General, Nigerian Maritime Administration and Safety Agency; Abubakar Dantsoho, Managing Director, Nigerian Ports Authority; Barrister Akutah Pius, Executive Secretary, Nigerian Shippers Council; and Bola Oyebamiji, Managing Director, National Inland Waterways Authority.
Other attendees included Funmi Folorunsho, President, African Shipowners Association; Engr. Greg Ogbeifun, Managing Director, Starz Marine; and the President, National Association of Stevedoring Companies, among other stakeholders.