The sea plays an important role in facilitating human trade and business. It also serves as a method of transportation, a rich resource for the extraction of minerals and the production of electricity, and a key component of the blue economy. Nigeria has a number of laws that regulate various aspects of the maritime industry. Here are some of the key laws and regulations that govern the maritime industry in Nigeria:
- The Constitution: The Federal Republic of Nigeria’s 1999 Constitution (as modified) (the “Constitution”) grants the federation’s government ownership of minerals, mineral oils, and natural gas. This includes both resources on land and those in the territorial sea, including those in Nigeria’s Exclusive Economic Zone. The Constitution also mandates that the state enhance and safeguard Nigeria’s air, land, water, forest, and wildlife. This clause gives the Nigerian government the responsibility to protect the environment and to pursue legal action against anyone found guilty of causing environmental pollution as a result of their operations, particularly oil and gas firms. The Federal High Court is the only court with authority under the Constitution to hear civil cases and cases pertaining to any admiralty jurisdiction, such as shipping and navigation on the Niger or Benue Rivers and their tributaries; on any other inland waterway that may be designated by any law as an international waterway; all federal ports (including the structure and authority of the ports authorities for Federal ports); and sea transportation.
- Nigerian Maritime Administration and Safety Agency (NIMASA) Act: NIMASA is the primary regulatory authority for the maritime sector in Nigeria. The NIMASA Act empowers NIMASA to regulate and oversee maritime activities, including shipping, safety, security, and environmental protection.
- Merchant Shipping Act: The Merchant Shipping Act regulates various aspects of shipping, including vessel registration, ownership, and operation. It also addresses issues related to crew, safety, and pollution prevention.
- Coastal and Inland Shipping (Cabotage) Act: The Cabotage Act promotes the participation of Nigerian vessels and maritime operators in domestic coastal and inland shipping. It restricts foreign vessels from engaging in certain domestic routes, with the goal of fostering indigenous participation in the maritime sector.
- Ports and Harbours Authority Act: This law establishes the Nigerian Ports Authority (NPA), which is responsible for managing and operating Nigeria’s ports and harbors. It covers the administration and regulation of port facilities.
- Environmental Laws: Nigeria has various environmental laws and regulations that apply to the maritime industry. These laws address issues such as oil spills, pollution, and environmental protection in the maritime environment.
- International Maritime Conventions: Nigeria is a signatory to several international maritime conventions and treaties. These include conventions related to safety at sea, pollution prevention, and maritime security. Compliance with these international agreements is essential for Nigerian maritime operations.
- Anti-Piracy Laws: Given the challenges of piracy in the Gulf of Guinea, Nigeria has implemented anti-piracy laws and measures to enhance maritime security and protect vessels and crew members operating in its waters.
We have briefly covered a few of the marine legislation and regulatory frameworks that govern and direct maritime activity in Nigeria.
Please note that this list is not exhaustive, and there may be other laws, regulations, and guidelines that impact the maritime industry in Nigeria. It is crucial to consult legal experts and the relevant government agencies for the most current and comprehensive information on maritime regulations in Nigeria, as the legal landscape may have evolved since my last update in September 2021.