…Despite ratifying 40 Conventions and domesticating 19 IMO laws!***
Unfolding indication may be to the effect that despite
having ratified 40 international Conventions and domesticating 19 international
laws, Nigeria like a badly managed product is still very difficult to sell to
the global community.
The Director General, Nigerian Maritime Administration and Safety Agency (NIMASA), Dr. Dakuku Peterside hinted this in Lagos during the 8th Strategic Admiralty Law Seminar for Judges organized by NIMASA in conjunction with Nigerian Institute of Advanced Legal Studies (NIALS), noting also, that the non-implementation and enforcement of the International Maritime Organisation (IMO) and International Labour Organisation (ILO) conventions, covering Maritime Safety, Labour and Marine Environment has been affecting investments in the country.
“It has been a herculean task trying to sell Nigeria to the
international community for investments, because in some cases the investors
had raised the issue of uncertainty in dispensation of litigation and
implementations of laws. It is on the premise that the seminar titled
Strengthening Nigeria’s Admiralty Regime through Effective Implementation of
International Maritime and Labour Instruments was imperative” the DG
confessed.
The Director General highlighted that so far 19 of the
conventions have been domesticated by way of regulation, adoption or
incorporation under the Merchant Shipping Act of 2007.
Speaking further, he stated that the Agency is working
closely with the Federal Ministry of Transportation under the auspices of an
Inter-Ministerial Committee to ratify an additional six IMO conventions before
the end of 2019 to ensure that Nigeria as an IMO member state fulfills its
treaty obligation.
These conventions are; The Hong Kong International Convention for safe and environmentally sound recycling of ships 2009; Protocol Relating to Intervention on the high seas in cases of oil pollution casualties (Intervention Protocol) 1973; 1996 Protocol on limitation of liability for maritime claims (LLMC).
Others are; 2002 Protocol relating to the carriage of
passengers and their luggage by sea (PAL) 1976; International Convention on
Standards of Training, Certification and Watch keeping for Fishing Vessel
Personnel (STCW-F) 1995; and the Protocol of 2005 to the Convention for the
Suppression of Unlawful Act against the Safety of Maritime Navigation.
He also gave the assurance that NIMASA as a responsible
Agency was working with relevant stakeholders under the auspices of the IMO
Mandatory States Audit Scheme (IMSAS) Corrective Action Plan Committee to
ensure that all queries raised in the 2016 IMO Audit report on Nigeria’s
maritime sector are addressed before the first quarter of 2019 in order to
boost Nigeria’s reelection bid into Category ‘C’ of the IMO General Council.
In the area of maritime security, which is critical to
actualizing safe and secure shipping, the NIMASA DG informed participants that
the draft suppression of piracy and other maritime offenses bill facilitated by
the Agency, aimed at criminalizing piracy and other maritime offenses has been
forwarded to the National Assembly, adding that the bill has passed first
reading in both chambers of the National Assembly. He however expressed
optimism that it will be passed to Law before the end of the 8th Assembly.
Dr. Dakuku who reiterated the fact that the maritime sector in Nigeria has a lot of opportunities to become an economic driver and this can be fully actualized when the various arms of government work together collaboratively, urged the Nigerian judicial system to ensure efficiency and timeliness in the dispensation of justice in maritime related cases, as it will boost stakeholders and investors’ confidence in the system.
“Timeliness in justice dispensation is very key to realizing
the potentials in the maritime sector so that investors’ can trust our judicial
process. The more time taken on a case, the more investment opportunities are
lost; I therefore wish to use this opportunity to appeal to our judges to
facilitate timely resolution of dispute for maritime cases as we all have one
role or the other to play in catalysing the Nigerian economy,” the DG
said.
NIMASA in line with its mandate of promoting the development
of shipping and building capacity in the maritime sector, instituted the
Strategic Admiralty Law Seminar for Judges with the initial target being judges
of the Federal High Court who by provision of Section 251 (I) (g) of the
constitution of the Federal Republic of Nigeria 1999 (as amended), are vested
with exclusive jurisdiction over Admiralty matters. This scope subsequently
expanded to include Justices of the Court of Appeal and the State High Court
Judges of the littoral states, mindful also of their strategic roles in the
dispensation of justice.
Present at the event include; Justice of the Court of
Appeal, M.L. Garba Chief Judge of Ogun State, Mosunmola Arinola, Chief
Judge of Akwa Ibom, Justice Godwin Abraham, amongst other notable legal
luminaries.