LEGAL FRAMEWORK OF THE MARITIME SECTOR IN NIGERIA

 Chukwuemeka A. Nnabuife ACIS

INTRODUCTION

The maritime sector plays a pivotal role in Nigeria's economy, given its strategic location along the Gulf of Guinea with a coastline spanning over 850 kilometers and navigable inland waterways of approximately 4,000 kilometers. As Africa’s most populous nation and a major oil producer, Nigeria relies heavily on its maritime sector for trade, transportation, and resource exploitation. To regulate this critical sector, Nigeria has developed a comprehensive legal framework comprising domestic statutes, international conventions, and institutional mechanisms. 

DEFINITION OF THE MARITIME SECTOR

The maritime Sector encompasses all economic activities related to the sea, including shipping, port operations, fishing, offshore oil and gas exploration, shipbuilding, maritime tourism, and related services such as insurance, logistics, and legal support. It involves the transportation of goods and passengers, exploitation of marine resources, and provision of infrastructure like ports and waterways. In Nigeria, the maritime Sector is a cornerstone of the economy, contributing significantly to trade (over 90% of Nigeria’s imports and exports are sea-borne) and resource extraction, particularly oil and gas (Okoroji, 2020) [1]. 

DEFINITION OF LEGAL FRAMEWORK 

A legal framework refers to the system of laws, regulations, policies, and institutions that govern a specific sector or activity. It provides the rules, rights, obligations, and enforcement mechanisms to ensure order, compliance, and dispute resolution. In the context of Nigeria’s maritime Sector, the legal framework comprises constitutional provisions, domestic statutes, international conventions, and judicial precedents that regulate maritime operations, safety, security, and environmental protection (Dike et al., 2019) [2].

TYPES OF LEGAL FRAMEWORKS IN THE MARITIME SECTOR

Legal frameworks in the maritime sector can be categorized into several types based on their scope and origin:

Constitutional Framework: Foundational laws establishing jurisdiction and authority, such as Nigeria’s Constitution vesting maritime matters in the federal government. Statutory Framework: Specific domestic legislation enacted by the legislature, e.g., Merchant Shipping Act 2007 or Cabotage Act 2003.

International Framework: Treaties and conventions adopted into national law, such as UNCLOS or MARPOL. Regulatory Framework: Rules and guidelines issued by agencies like NIMASA to implement statutes. Judicial Framework: Court decisions and precedents interpreting maritime laws, e.g., admiralty jurisdiction cases.

EXAMPLES OF LEGAL FRAMEWORKS

 Constitutional Example: Section 251(1)(g) of the 1999 Constitution grants the Federal High Court exclusive jurisdiction over maritime matters. Statutory Example: The Cabotage Act 2003 restricted coastal trade to Nigerian-owned vessels. International Example: UNCLOS 1982 defining Nigeria’s Exclusive Economic Zone (EEZ). Regulatory Example: NIMASA’s guidelines on ship registration and safety inspections. Judicial Example: The 2023 Court of Appeal ruling in MT Oryx Trader v. Wrist Shipping Supply Pte on vessel caveats (ICLG, 2024) [3].

CONSTITUTIONAL FOUNDATION

The legal framework for Nigeria’s maritime Sector is rooted in the Constitution of the Federal Republic of Nigeria 1999 (as amended). Under Section 251(1)(g), the Constitution vests exclusive jurisdiction over maritime, shipping, and navigation matters in the Federal High Court. This includes admiralty cases, mineral resources in territorial waters, and disputes arising from the EEZ. The Constitution also empowers the federal government to regulate navigable waterways and resources within Nigeria’s maritime domain, establishing centralized authority over the sector (Constitution of Nigeria, 1999) [4].

KEY DOMESTIC LEGISLATION

Several statutes form the backbone of Nigeria’s maritime legal regime, addressing various aspects such as shipping, safety, environmental protection, and indigenous participation. Below are the primary laws:

Merchant Shipping Act 2007

The Merchant Shipping Act (MSA) 2007 is the cornerstone legislation governing maritime activities in Nigeria. It regulates the registration and licensing of ships, crew competency, safety at sea, pollution control, and liability for maritime claims. The Act incorporates international conventions like the International Convention for the Safety of Life at Sea (SOLAS) 1974. For instance, Section 216 mandates the appointment of ship surveyors to ensure seaworthiness, while Sections 267-275 outline collision prevention rules (Merchant Shipping Act, 2007) [5]. The MSA limits commercial operations in Nigerian waters to registered Nigerian ships, except in cases of statutory exemptions. Coastal and Inland Shipping (Cabotage) Act 2003

Enacted to promote indigenous participation, the Cabotage Act 2003 restricts foreign vessels from engaging in domestic coastal trade, including the carriage of goods and passengers within Nigeria’s territorial waters and EEZ. The Act stipulates that vessels involved in cabotage must be wholly owned by Nigerians, built in Nigeria, crewed by Nigerians, and registered in Nigeria (Section 3, Cabotage Act, 2003) [6]. It also established the Cabotage Vessel Financing Fund (CVFF) to support indigenous ship acquisition, though implementation challenges persist (Okoroji, 2020) [7]. Nigerian Maritime Administration and Safety Agency (NIMASA) Act 2007

The NIMASA Act 2007 establishes NIMASA as the apex regulatory body for the maritime sector. NIMASA promotes shipping development, enforces safety standards, regulates maritime labour, prevents pollution, and implements domesticated international conventions (Section 22, NIMASA Act, 2007) [8]. The agency collaborates with the Nigerian Navy to enhance maritime security. Admiralty Jurisdiction Act 1991

The Admiralty Jurisdiction Act (AJA) 1991 delineates the Federal High Court’s jurisdiction over admiralty matters, including ship arrests, maritime claims, and liens. It defines maritime claims such as insurance premiums and cargo disputes as falling under federal jurisdiction (Section 2(3)(q), AJA, 1991). The Act, complemented by the Admiralty Jurisdiction Procedure Rules 2011, ensures procedural clarity in maritime litigation (Ogunlesi, 2021) [9].

Suppression of Piracy and Other Maritime Offences Act 2019

The Suppression of Piracy Act 2019 criminalizes piracy and maritime offences, addressing a long-standing gap in Nigeria’s legal framework. Signed into law in June 2019, it led to Nigeria’s first piracy convictions in 2020, marking a milestone in maritime security enforcement (Ogunlesi, 2021) [10]. 

INTERNATIONAL CONVENTIONS

 Nigeria’s maritime legal framework is heavily influenced by its participation in international maritime treaties:

United Nations Convention on the Law of the Sea (UNCLOS) 1982: Ratified in 1986, UNCLOS defines maritime zones, including the territorial sea (12 nautical miles), contiguous zone (24 nautical miles), and EEZ (200 nautical miles), providing the basis for Nigeria’s sovereignty over its maritime resources (UNCLOS, 1982) [11].

International Convention for the Prevention of Pollution from Ships (MARPOL) 1973/78: Incorporated into the MSA, MARPOL regulates marine pollution, a critical issue in Nigeria’s oil-rich coastal regions. International Convention on Limitation of Liability for Maritime Claims (LLMC) 1976: Domesticated under Section 335 of the MSA, this governs liability limits for shipowners (MSA, 2007) [12]. Nigeria’s role in the International Maritime Organization (IMO) aligns its laws with global standards like SOLAS and the ISPS Code.

INSTITUTIONAL FRAMEWORK

 The legal framework is supported by institutions: NIMASA: Oversees compliance, ship inspections, and search-and-rescue operations. 

Nigerian Ports Authority (NPA): Manages port operations under the Nigerian Ports Authority Act 1999. Ministry of Marine and Blue Economy: Created in 2023 to harness maritime resources for economic diversification (ICLG, 2024). It focuses on sustainable resource use (ICLG, 2024) [13]. Pending Maritime Bills: The Cabotage Amendment Bill 2022 and Nigerian Shipping and Port Economic Regulatory Agency Bill 2023 aim to enhance efficiency (ICLG, 2024). Judicial Precedents: The 2023 MT Oryx Trader ruling clarified vessel caveat rules (ICLG, 2024) [14].

 CHALLENGES OF THE FRAMEWORK

Implementation Gaps: Weak enforcement of the Cabotage Act limits Indigenous participation (Okoroji, 2020) [15]. Piracy and Security: The Gulf of Guinea’s piracy issues require stronger enforcement (Babatunde & Abdulsalam, 2021) [16]. Regulatory Overlap: Bureaucratic inefficiencies hinder effectiveness (Dike et al., 2019) [17]. Infrastructure Deficits: Outdated facilities impede efficiency (Bimak Associates, 2023) [18].

CONCLUSION

 Nigeria’s maritime legal framework, encompassing constitutional, statutory, international, regulatory, and judicial elements, regulates a vital economic sector. While robust, it faces challenges that require ongoing reforms to maximize its potential in trade, security, and sustainability. 

Footnotes

 [1] Okoroji, L. I. (2020). The emergence of Nigerian maritime cabotage laws and the future of its maritime commerce. ResearchGate. [2] Dike, S., et al. (2019). An appraisal of the Nigerian legislation and institutions governing maritime environment. ResearchGate.  [3]International Comparative Legal Guides (ICLG). (2024). Shipping laws and regulations report 2024-2025 Nigeria. Retrieved from iclg.com

 [4] Constitution of the Federal Republic of Nigeria. (1999). (As amended).

[5] Merchant Shipping Act. (2007). Laws of the Federation of Nigeria. [6] Coastal and Inland Shipping (Cabotage) Act. (2003). Laws of the Federation of Nigeria.

[7] Okoroji, L. I. (2020). The emergence of Nigerian maritime cabotage laws and the future of its maritime commerce. ResearchGate.

[8] Nigerian Maritime Administration and Safety Agency (NIMASA) Act. (2007). Laws of the Federation of Nigeria.

[9] Ogunlesi, T. (2021). Post on X regarding the Suppression of Piracy Act. Retrieved from X platform.  [10] Ogunlesi, T. (2021). Post on X regarding the Suppression of Piracy Act. Retrieved from X platform.  [11] United Nations Convention on the Law of the Sea (UNCLOS). (1982). United Nations.

[12] Merchant Shipping Act. (2007). Laws of the Federation of Nigeria. 

[13]International Comparative Legal Guides (ICLG). (2024). Shipping laws and regulations report 2024-2025 Nigeria. Retrieved from iclg.com

[14]International Comparative Legal Guides (ICLG). (2024). Shipping laws and regulations report 2024-2025 Nigeria. Retrieved from iclg.com

[15] Okoroji, L. I. (2020). The emergence of Nigerian maritime cabotage laws and the future of its maritime commerce. ResearchGate. 

[16] Babatunde, E., & Abdulsalam, M. (2021). Towards maintaining peacefulness of the sea: Legal regime governing maritime safety and security in Nigeria. Beijing Law Review, 12, 529-559.

 [17] Dike, S., et al. (2019). An appraisal of the Nigerian legislation and institutions governing maritime environment. ResearchGate. 

 [18] Bimak Associates. (2023). Challenges and prospects in the Nigerian maritime Sector. Retrieved from www.bimakassociates.com