Tag: Cabotage Act

  • Why Cabotage Act can’t be implemented, by lawyers

    Maritime lawyers and stakeholders have explained why the Cabotage Law cannot be implemented.

    They said the Federal Govern-ment’s failure to assist shipowners, banks’refusal to support indige-nous shipowners to buy sufficient vessels and the conspiracy by some importers and clearing agents to deceive security agents at the ports were affecting the execution.

    At a stakeholders’ forum in Lagos, a maritime lawyer, Mr Mohammed Usman, described the Coastal and Inland Shipping Act, 2003 as a protectionist law to create exclusive areas in the coastal trade for indigenous operators. Indigenous ship owners, he  said, had complained that the waiver clause has made the implementation of the law difficult.

    Mohammed urged the  government to support the Nigerian Maritime Administration and Safety Agency (NIMASA) in executing its mandate.

    “This is the time for the Federal Government to give the necessary support to NIMASA and see to the implementation of the Cabotage Act.

    “There is no doubt that some powerful individuals in government are trying to frustrate the implementation of the law.

    “Nigerians are waiting to see the government that will see to the quick implementation of the law. Any government that is ready to enforce the law would make it compulsory that every ship that calls at our port should first declare its arrival to the Nigerian Ports Authority (NPA), Nigeran Customs Service (NSC), NIMASA and the Navy. By doing so, it would become easy to implement the law,” he said.

    Usman said the implementation should not be a problem. “NIMASA does not even need to get to the jetty to arrest a vessel. It can ask a vessel to tell her its point of loading. So, if it is offshore Lagos or offshore Cotonou, the agency can then verify if it is on the list of Cabotage registered vessels. Therefore, implementation should not be a major issue. From all indications, there must be a kind of conspiracy between the operators and people that grant approval for foreign vessels to come into the country,” he said.

    He said the shipowners must be supported by the government and banks to buy sufficient vessels to carry out coastal trade.

    ”Much as it is estimated that marine transportation offshore alone has a potential annual revenue profit of millions of naira as against coastal trade in commodity and products, it is believed that harnessing the opportunities of effective implementation of Cabotage will provide a springboard for indigenous operators to acquire requisite capacity and expertise to launch themselves into global shipping.

    “The target is for Nigerian carriers to have a share of about $4 billion per annum gross value of freight in and out of Nigeria. Only 20 per cent share of the market will stimulate the local economy to the tune of about $600 million gross per annum,” Usman said.

    Another operator, Olive Venture Chairman, Mr Samson Ojikutu, said the Cabotage regime covers ship building, ship ownership, manning and registration. Unlike the Cabotage Law in other maritime nations, he said Nigeria’s Cabotage law provides for waivers.

    Ojikutu said the government should stir maritime development in the country by using its agencies to coordinate and regulate the industry.

    Felix Ogomoju also agreed with them.

  • Why Cabotage Act can’t be implemented, by lawyers

    Maritime lawyers and stakeholders have explained why the Cabotage Law cannot be implemented.

    They said the Federal Govern-ment’s failure to assist shipowners,   banks’refusal to support indige-nous shipowners to buy sufficient vessels and the conspiracy by some importers and clearing agents to deceive security agents at the ports were affecting the execution.

    At a stakeholders’ forum in Lagos, a maritime lawyer, Mr Mohammed Usman, described the Coastal and Inland Shipping Act, 2003 as a protectionist law to create exclusive areas in the coastal trade for indigenous operators. Indigenous ship owners, he  said, had complained that the waiver clause has made the implementation of the law difficult.

    Mohammed urged the  government to support the Nigerian Maritime Administration and Safety Agency (NIMASA) in executing its mandate.

    “This is the time for the Federal Government to give the necessary support to NIMASA and see to the implementation of the Cabotage Act.

    “There is no doubt that some powerful individuals in government are trying to frustrate the implementation of the law.

    “Nigerians are waiting to see the government that will see to the quick implementation of the law. Any government that is ready to enforce the law would make it compulsory that every ship that calls at our port should first declare its arrival to the Nigerian Ports Authority (NPA), Nigeran Customs Service (NSC), NIMASA and the Navy. By doing so, it would become easy to implement the law,” he said.

    Usman said the implementation should not be a problem. “NIMASA does not even need to get to the jetty to arrest a vessel. It can ask a vessel to tell her its point of loading. So, if it is offshore Lagos or offshore Cotonou, the agency can then verify if it is on the list of Cabotage registered vessels. Therefore, implementation should not be a major issue. From all indications, there must be a kind of conspiracy between the operators and people that grant approval for foreign vessels to come into the country,” he said.

    He said the shipowners must be supported by the government and banks to buy sufficient vessels to carry out coastal trade.

    ”Much as it is estimated that marine transportation offshore alone has a potential annual revenue profit of millions of naira as against coastal trade in commodity and products, it is believed that harnessing the opportunities of effective implementation of Cabotage will provide a springboard for indigenous operators to acquire requisite capacity and expertise to launch themselves into global shipping.

    “The target is for Nigerian carriers to have a share of about $4 billion per annum gross value of freight in and out of Nigeria. Only 20 per cent share of the market will stimulate the local economy to the tune of about $600 million gross per annum,” Usman said.

    Another operator, Olive Venture Chairman, Mr Samson Ojikutu, said the Cabotage regime covers ship building, ship ownership, manning and registration. Unlike the Cabotage Law in other maritime nations, he said Nigeria’s Cabotage law provides for waivers.

    Ojikutu said the government should stir maritime development in the country by using its agencies to coordinate and regulate the industry.

    Felix Ogomoju also agreed with them.

  • ‘Why Cabotage Act implementation failed’

    Lack of commitment by the Federal Government, banks’ failure to support indigenous shipowners to buy vessels and conspiracy by importers and some clearing agents have been listed as the bane of Cabotage Law implementation.

    At a stakeholders’forum in Lagos, a maritime lawyer, Mr Sesan Arowora, said the Coastal and Inland Shipping Act, 2003 was a protectionist law enacted to create exclusive areas of operations in the coastal trade for indigenous operators.

    Indigenous shipowners, he further said, have complained that the waiver clause has made implementation of the law difficult.

    He said the law could be easily implemented, if the Federal Government supported NIMASA, the agency saddled with enforcing the law.

    “This is the time for the Federal Government to give the necessary support to NIMASA and see to the implementation of the Cabotage Act.

    “There is no doubt that some powerful individuals in government are trying to frustrate the implementation of the law.

    “Nigerians are waiting to see the government that will see to the quick implementation of the law. Any government that is ready to enforce the law would make it compulsory that every ship that calls at our port should first declare its arrival to the Nigerian Ports Authority (NPA), NIMASA and the Navy. By doing so, it would become easy to implement the law,” he said.

    Arowora said the implementation should not be a problem.

    His words: “NIMASA does not even need to get to the jetty to arrest a vessel; it can ask a vessel to tell her its point of loading. So, if it is offshore Lagos or Cotonou, the agency can verify if it is on the list of Cabotage-registered vessels. Therefore, implementation should not be a major issue. From all indications, there must be a kind of conspiracy between the operators and people that grant approval for foreign vessels to come into the country,” he said.

    He said Nigerian shipowners ought to be supported by the government and banks to buy vessels to adequately carry out coastal trade.

    “Much as it is estimated that marine transportation offshore alone has a potential annual revenue profit of millions of naira as against coastal trade in commodity and products, it is believed that harnessing the opportunities of effective implementation of Cabotage will provide a springboard for indigenous operators to acquire requisite capacity and expertise to launch themselves into global shipping.

    “The target is for Nigerian carriers to have a share of about $4 billion per annum gross value of freight in and out of Nigeria. Only 20 per cent share of the market will stimulate the local economy to the tune of about $600 million gross per annum,” Ariwora said.

    Olive Venture Chairman Mr Samson Ojikutu said the cabotage regime covers ship building, ship ownership, manning and registration. Unlike the Cabotage Law in other nations, he noted that Nigeria’s Cabotage Law provides for waivers.

    Ojikutu said the government should stir maritime development, by using its agencies to do so.

     

  • Commitment, conspiracy bane of Cabotage Act

    Three factors were identified last week, as the bane of Cabotage law implementation in the country.

    Firstly, lack of commitment by the side of Federal Government to assist local ship owners.

    Secondly, the failure of the banks in supporting indigenous shipowners to buy sufficient vessels to adequately carry out coastal trade.

    Thirdly, conspiracy among importers and some clearing agents to always deceive security agents at the ports.

    These operators said, are sabotaging the implementation of Cabotage Law.

    Speaking at a stakeholders’ forum at the week end in Lagos, a maritime lawyer, Mr Sesan Arowora, said the Coastal and Inland Shipping Act, 2003, is a protectionist law enacted to create exclusive areas of operations in the coastal trade for indigenous operators.

    Indigenous ship owners, he further said, have complained that the waiver clause has helped make implementation of the law difficult.

    The implementation of the law would have been very easy, but for lack of commitment on the side of government and conspiracy between agents, importers and other port users.

    He said the law can be easily implemented if the Federal Government supports NIMASA, the agency saddled with the responsibility of enforcing the law, and champion the move to do so.

    “This is the time for the Federal Government to  give the necessary support to NIMASA and see to the implementation of the cabotage Act.

    “There is no doubt that some powerful individuals in government are trying to frustrate the implementation of the law.

    “Nigerians are waiting to see the government that will see to the quick implementation of the law. Any government that is ready to enforce the law would make it compulsory that every ship that calls at our port should first declare its arrival to the Nigerian Ports Authority (NPA), NIMASA and the Navy. By doing so, it would become easy to implement the law,” he said.

    Arowora said the implementation should not be a problem. “NIMASA does not even need to get to the jetty to arrest a vessel; she can ask a vessel to tell her its point of loading. So, if it is offshore Lagos or offshore Cotonou, the agency can then verify if it is on the list of Cabotage registered vessels. Therefore, implementation should not be a major issue. From all indications, there must be a kind of conspiracy between the operators and people that grant approval for foreign vessels to come into the country”.

    He said Nigerian ship owners must be supported by the government and banks to buy sufficient vessels to adequately carry out coastal trade.

    “Much as it is estimated that marine transportation offshore alone has a potential annual revenue profit of millions of naira as against coastal trade in commodity and products, it is believed that harnessing the opportunities of effective implementation of Cabotage will provide a springboard for indigenous operators to acquire requisite capacity and expertise to launch themselves into global shipping.

    “The target is for Nigerian carriers to have a share of about $4 billion per annum gross value of freight in and out of Nigeria. Only 20 per cent share of the market will stimulate the local economy to the tune of about $600 million gross per annum,” Ariwora said.

    Another operator and Chairman, Olive Venture, Mr Samson Ojikutu, said the Cabotage regime covers ship building, ship ownership, manning and registration. Unlike the Cabotage Law in most other maritime nations of the world, he however, observed that Nigeria’s Cabotage law provides for waivers.

    Ojikutu said the government should stir maritime development in the country, by using its agencies to coordinate and regulate the industry.

     

  • Don slams stakeholders over Cabotage Act’

    The implementation of the Cabotage Act is being sabotaged by stakeholders, a university teacher has said.

    Mr Dipo Alaka of the Lagos State University (LASU) said the law could be implemented if the agency saddled with enforcing it mustered the political will to do so.

    “This is the time for the government to buckle up and see to the implementation of the Cabotage law. But we need to understand the problems confronting the agency before we can say yes, maybe some individuals in government are trying to frustrate the implementation.

    “My thinking is that every ship that calls at our port should first declare arrival to the Nigerian Ports Authority (NPA), NIMASA and the Navy. By doing so, it would become easy to implement the law,” he said.

    Alaka said: “The agency saddled with enforcing the law does not even need to get to the jetty to arrest a vessel; she can ask a vessel to tell her its point of loading. So, if it is offshore Lagos or offshore Cotonou, the agency can then verify if it is on the list of Cabotage registered vessels.

    “Therefore,implementation should not be a major issue. From all indications, there must be a kind of conspiracy between the operators and people that grant approval for foreign vessels to come into the country.”

    He said Nigerian ship owners should be supported by the government and banks to buy sufficient vessels to adequately carry out coastal trade.

  • ‘Stakeholders sabotage enforcement of Cabotage Act’

    The implementation of the Cabotage Act is being sabotaged by stakeholders, a university teacher has said.

    Mr Dipo Alaka of the Lagos State University (LASU) said the law could be implemented if the agency saddled with enforcing it mustered the political will to do so.

    “This is the time for the government to buckle up and see to the implementation of the Cabotage law. But we need to understand the problems confronting the agency before we can say yes, maybe some individuals in government are trying to frustrate the implementation.

    “My thinking is that every ship that calls at our port should first declare arrival to the Nigerian Ports Authority (NPA), NIMASA and the Navy. By doing so, it would become easy to implement the law,” he said.

    Alaka said further: “The agency saddled with enforcing the law does not even need to get to the jetty to arrest a vessel; she can ask a vessel to tell her its point of loading. So, if it is offshore Lagos or offshore Cotonou, the agency can then verify if it is on the list of Cabotage registered vessels.

    “Therefore,implementation should not be a major issue. From all indications, there must be a kind of conspiracy between the operators and people that grant approval for foreign vessels to come into the country.”

    He said Nigerian ship owners should be supported by the government and banks to buy sufficient vessels to adequately carry out coastal trade.

  • NIMASA to implement Cabotage Act – Peterside

    The Director-General, Nigerian Maritime Administration and Safety Agency (NIMASA), Dr. Dakuku Peterside, has said the agency is determined to ensure that the Cabotage Act is implemented to the letter.

    The Head, Corporate Communications Team of NIMASA, Hajia Lami Tumaka stated this in a statement released in Lagos, Monday.

    THE News Agency of Nigeria (NAN) reports that the Cabotage Act is also known as the Coastal and Inland Shipping Act 2003.

    According to the statement, the director-general said this when he received the leadership of the Nigerian Merchant Navy Officers and Water Transport Senior Staff Association led by the National President, Mr. Matthew Alalade at the agency’s headquarters in Lagos.

    Peterside said proper regulation of the Cabotage Act was instrumental to the development of the maritime sector, adding that Nigerians must always be encouraged to be key players in the sector.

    He said the issue of waivers’ abuse would be checked.

    “We have not realised the full potential of the Cabotage Act but we have moved a step ahead.

    “Just to be sure that we are committed to the full implementation of the Cabotage Act, issues relating to waiver abuse are currently being dealt with accordingly,’’ Peterside said.

  • ‘NIMASA committed to implementation of Cabotage Act’

    ‘NIMASA committed to implementation of Cabotage Act’

    The Director-General, Nigerian Maritime Administration and Safety Agency (NIMASA), Dr Dakuku Peterside, has said that the agency is determined to ensure that the Cabotage Act is implemented to the letter.

    This is contained in a statement by the Head, Corporate Communications Team of NIMASA, Hajia Lami Tumaka, on Monday in Lagos.

    The News Agency of Nigeria (NAN) reports that the Cabotage Act is also known as the Coastal and Inland Shipping Act 2003.

    According to the statement, the director-general said this when he received the leadership of the Nigerian Merchant Navy Officers and Water Transport Senior Staff Association led by the National President, Mr Matthew Alalade at the agency’s headquarters in Lagos.

    Peterside said that proper regulation of the Cabotage Act was instrumental to the development of the maritime sector, adding that Nigerians must always be encouraged to be key players in the sector.

    He said that the issue of abuse of waivers would be checked.

    “We have not realised the full potential of the Cabotage Act but we have moved a step ahead.

    “Just to be sure that we are committed to the full implementation of the Cabotage Act, issues relating to waiver abuse are currently being dealt with accordingly,’’ NAN quotes the director-general as saying.

    Peterside also said that the Cabotage Vessel Financing Fund (CVFF) would only be disbursed to people that would put it into the use for which it is intended.

    He said that applicants must have the requisite criteria as beneficiaries.

    “We will rigorously screen the applicants of the CVFF in order to ensure that the funds are disbursed to people who would use it for the purposes the funds are meant for,’’ the director-general added.

    Peterside said the agency “is currently screening maritime institutions across the country and would only accredit the ones that can provide the maritime training required in line with global best practices.’’

    He, however, noted that NIMASA was not in a position to recognise any Merchant Navy Association as that function fell under the purview of the National Assembly.

    Earlier, the association decried the abuse of waivers in the implementation of the Cabotage Act.

    It requested the management of NIMASA to find ways of reviewing the Act to pave the way for indigenous operators to be more involved in coastal and inland trade in Nigeria.

    The association also sought greater collaboration with NIMASA, especially in the areas of maritime regulatory decision making and human capacity building for the growth and development of the industry.

  • Peterside advised to implement Cabotage Act

    The Director-General, Nigerian Maritime Administration and Safety Agency (NIMASA), Dr. Dakuku Peterside,  has been urged to implement the Cabotage Act.

    The Act, Mr Dipo Alaka of the Lagos  State University (LASU) said, is being sabotaged by agents, importers and other operators.

    He said the law could be implemented if the agency mustered the political will to do so.

    “This is the time for the government to buckle-up and see to the implementation of the Cabotage law. But we need to understand the problems confronting the agency before we can say yes; maybe some individuals in government are trying to frustrate the implementation.

    “My thinking is that every ship that calls at our port should first declare arrival to the Nigerian Ports Authority (NPA), NIMASA and the Navy. By doing so, it would become easy to implement the law,” he said.

    Alaka said the execution of the law should not be a problem.“The agency saddled with enforcing the law does not even need to get to the jetty to arrest a vessel; it can ask a vessel the point of loading. So, if it is offshore Lagos or offshore Cotonou, the agency can then verify if it is on the list of Cabotage registered vessels.

    “Therefore, implementation should not be a major issue. From all indications there must be a kind of conspiracy between the operators and people that grant approval for foreign vessels to come into the country.”

    He said ship owners must be supported by the government and banks to buy sufficient vessels for coastal trade.

    The Coastal and Inland Shipping Act, 2003, he said, is a protectionist law enacted to create exclusive areas of operations in the coastal trade for indigenous operators.

  • Status quo ordered as firm challenges Cabotage Act

    The Federal High Court in Lagos has ordered parties to maintain status quo pending the determination of a suit by a firm, Seadrill Mobile Units Nigeria Limited, against the Federal Government.

    Justice Babs Kuewumi directed that hearing notice be issued on the defendants.

    Seadrill is praying the court to determine whether drilling operations fall within the definitions of ‘coastal trade’ and ‘cabotage’ under Section 2 of the Coastal and Inland Shipping (Cabotage) Act.

    It also wants the court to determine whether, based on sections 2, 5 and 22 (5), drilling rigs fall within the definition of ‘vessel’ under the Act.

    The Minister of Transportation and Attorney-General of the Federation are the defendants.

    The plaintiff, through its lawyer Olumayowa Owolabi, is seeking a declaration that drilling operations do not fall within the definitions of ‘coastal trade’ and ‘cabotage’ under Section 2 of the Cabotage Act.

    It also wants the court to hold that drilling rigs do not fall within the definition of vessels under the Act.

    Seadrill is seeking an order of perpetual injunction restraining the defendants or their agents from taking any further steps to harass, intimidate, disturb or stop its rig operations based on any alleged violation of the Cabotage Act. The rigs, said the plaintiff, include the West Capella, the West Saturn and the West Jupiter.

    When the case came up before Justice Babs Kuewumi last Friday, there was no legal representation for the defendants.

    Owolabi told the court that the bailiffs only just effected service of the processes on them in Abuja last Wednesday. He requested for an adjournment for hearing of the pending motions.

    In a supporting affidavit, the plaintiff’s Supply Chain Manager, Steve Taylor, the plaintiff said officials of the Nigerian Maritime Administration and Safety Agency (NIMASA), last November 10, paid an unscheduled visit to the West Capella on board the “Nimasa Oweikenighan” and made an attempt to board the rig without having pre-informed the plaintiff of its intentions.

    After a stand-off which lasted for several hours, the officials demanded evidence of cabotage registration, the crew list of the vessel, waiver approvals for the crew, vessel building waiver and evidence of payment of cabotage surcharge.

    The deponent said NIMASA officials last November 19 paid another unscheduled visit to the USAN Field with the intention to board the plaintiff’s West Capella.

    “Before dis-embarking from the West Capella, the NIMASA agents served a Detention Order dated the 19th of November 2015 on the Master of the West Capella, which indicated that the rig was being detained for failure to register as a vessel with the Agency’s Ship Registry amongst several other alleged infractions,” Taylor said.

    He added that the plaintiff took steps to resolve the issues, yet the detention letter was not withdrawn.

    “Therefore, it is quite worrisome that rather than withdrawing the detention letter, NIMASA issued another letter of non-compliance dated the 14th of March 2016 to the plaintiff.

    “In view of the foregoing, I verily believe that it is in the interest of justice that the questions for determination as contained in the Originating Summons are determined in favour of the plaintiff and the declarations sought therein are granted as a matter of urgency,” the deponent said.

    Justice Kuewumi adjourned till June 17 for hearing of pending applications.