SHIPPING REGISTRATION: OVERVIEW, REQUIREMENTS AND BENEFITS OF SHIP REGISTRATION IN NIGERIA

 

Chukwuemeka A. Nnabuife ACIS

INTRODUCTION

Shipping registration is a major aspect of maritime law, ensuring that vessels are properly documented and recognized by a foreign state. A crucial step in easing international trade and industry is shipping registration which gives ship owners the ability to grant their vessels nationality. The Merchant Shipping Act of 2007 [1] governs shipping registration in Nigeria and offers a thorough framework for ship registration and regulation. The governing body responsible for maritime administration and safety is the Nigerian Maritime Administration and Safety Agency (NIMASA) [2].

CONSTITUTIONAL FRAMEWORKS GUIDING SHIPPING REGISTRATION

Nigerian shipping registration has its foundation in the Federal Republic of Nigeria’s 1999 Constitution [3]. This provides the legal framework within which specific maritime laws operate.

National Legislation

In Nigeria, the Merchant Shipping Act 2007[4] provides a comprehensive guide on the registration of ships.  According to Section 22 of the Act:

“Every ship owned by a Nigerian citizen or a corporate body established under the Nigerian law shall be registered in Nigeria”. 

This provision highlights the importance of national registration for vessels owned by Nigerian entities. The Federal Republic of Nigeria is a sovereign state with the power to regulate its maritime affairs. Nigeria has sovereignty over its maritime territory and power to control shipping operations within the country.

International Conventions

Shipping registration is also influenced by international conventions, such as the United Nations Convention on the Law of the Sea (UNCLOS), Article 91 of UNCLOS [5] states:

“Every state shall fix the conditions for the grant of nationality to ships for the registration of ships in its territory, and for the right to fly its flag. The sovereign rights of states are allowed to establish their criteria for ship registration, while also emphasizing the need for adherence to international standards.

Federal Jurisdiction

Section 4 of the Nigerian Constitution delineates the legislative powers of the federal government, including matters related to maritime navigation and shipping. Item 36 of the Exclusive Legislative List grants the National Assembly the authority to legislate on:

“Maritime shipping and navigation, including shipping and navigation on tidal waters”.

This constitutional provision empowers the federal government to enact laws governing shipping registration, ensuring a uniform legal framework across the country.

MERCHANT SHIPPING ACT (2007)

The 2007 Merchant Shipping Act is the main piece of law controlling maritime registration in Nigeria. The act contains a constitution regarding certificate issuing and maritime activity control. According to the Merchant Shipping Act, Section 22[6] “every ship owned by a Nigerian citizen or company registered in Nigeria shall be registered in Nigeria. This highlights the essence of ships to be registered in Nigeria, especially for a Nigerian.

UNDERSTANDING NIMASA AND THE NIGERIAN SHIP REGISTRY

The authority that governs the Nigerian Maritime Sector is NIMASA which is charged with duties of ship registration, pollution control, maritime safety and security. All registered vessels are kept on file by the Nigerian Ship Registry, which is under the jurisdiction of NIMASA. The following acts provide the Nigerian Ship Registration Office (NSRO) the authority to register ships:

I. Merchant Shipping Act .S.5-81(part ii &iii) [7]

II. NIMASA Act 2007 S.28-32(part viii) [8]

III. Coastal and Inland Shipping Act.S.22-28(part v) [9]

TYPES OF SHIP REGISTRATION

i. Provisional registration

ii. Flag registration.

iii. Bareboat registration

iv. Register for merchant ships

v. Register for fishing vessels

vi. Register for ships under construction

ELIGIBILITY AND REQUIREMENTS FOR SHIP REGISTRATION

Ownership Criteria:

a). Nigerian citizens and corporate bodies are eligible for ship registration.

b). Proof of ownership, such as a bill of sale or builder’s certificate, is mandatory.

c). The minimum share capital for any vessel owned by a Nigerian company is ₦25,000,000.

Ship Requirements: 

a). The vessel must meet safety and environmental standards.

b). Classification and society certifications are required.

c). Tonnage and measurement requirements.

Required Documentation:

a). Application forms.

b). Proof of ownership

c). Ship’s particulars.

d). Tax clearance certificate.

e). Company registration documents.

f). Photograph of vessels.

g). Evidence of fee payments.

SHIP REGISTRATION PROCESS

Pre-Registration Checks

i. Conduct name availability checks with the Nigerian Ship Registry.

ii. Ensure all documentation is complete.

Application Submission

i. Submit the application and supporting documents to NIMASA

ii. All official correspondence addressed to: The Director General/CEO. Nigerian Maritime Administration and Safety Agency. 4, Burma Road, Apapa Lagos, Nigeria. Email: registrarofships@nimasa.gov.ng.

Inspection and Verification

i. NIMASA conducts vessel inspections to verify compliance.

ii. Documentation is thoroughly reviewed.

Payment of Fees

i. Pay registration fees as prescribed by NIMASA.

Issuance of Registered Certification

I. Upon successful registration, NIMASA issues a certification of registration.

Marking of Ship

i. The vessel must be marked in accordance with NIMASA regulations.

Post-Regulation Rules

i. Ensure maintenance of valid certifications and documents.

ii. Report changes in ownership to NIMASA

iii. Compliance with NIMASA regulations and guidelines.

iv. Renewal of registration at required intervals.

BENEFITS OF SHIP REGISTRATION

i. Legal recognition and protection

ii. Access to Nigerian coastal trade.

iii. Enhanced credibility and market access.

iv. Potential access to government incentives.

CONCLUSION

Shipping registration in Nigeria is governed by an effective regulatory framework, comprising the Merchant Shipping Act, NIMSA Act and Coastal and Inland Shipping Act. These laws ensure a seamless ship registration, the safety and environmental sustainability of maritime operations in Nigeria. Compliance with these regulations is essential for owners and stakeholders to maintain the integrity and trust of the Nigerian Shipping Industry.

Footnotes

[1] Merchant Shipping Act 2007.

[2] Nigerian Maritime Administration and Safety Agency (NIMASA) (2020).

[3] Constitution of the Federal Republic of Nigeria1999.

[4] Merchant Shipping Act 2007.

 [5] United Nations. (1982). United Nations Convention of the Law of the Sea (UNCLOS). Article 91.

[6] Merchant Shipping Act 2007.S.22.

[7] Federal Republic of Nigeria. (2007). Merchant Shipping Act.

[8] Federal Republic of Nigeria. (2007). Nigerian Maritime Administration and Safety Agency.

[9] Federal Republic of Nigeria. (2007). Coastal and Inland Shipping.

[10] Ship Registration. https://nimasa.gov.ng/services/ship-registration/

[11] NIMSA.nimasa.gov.ng