The marine business sector in Nigeria, also known as the maritime industry, is governed by a robust framework of local and international laws. These regulations are designed to ensure safety, security, and environmental protection while promoting indigenous participation and economic growth.

Nigerian Laws and Regulations

The primary laws and a key regulatory agency governing the marine business in Nigeria are:

1. Nigerian Maritime Administration and Safety Agency (NIMASA) Act 2007

   This is the foundational law for maritime administration in Nigeria. It established the Nigerian Maritime Administration and Safety Agency (NIMASA) as the primary regulatory body for the sector. The Act empowers NIMASA to:

   • Promote Maritime Safety and Security: This includes the regulation of navigation, safety of vessels, and the prevention of piracy and other unlawful acts.
   • Protect the Marine Environment: NIMASA is responsible for preventing and controlling marine pollution from ships and oil and gas operations.
   • Register Ships and Shipping Companies: All ships operating commercially in Nigerian waters must be registered with NIMASA.
   • Oversee Maritime Labour: The Act regulates the employment, welfare, and training of seafarers and dockworkers.
2. Coastal and Inland Shipping (Cabotage) Act 2003

   This Act is a cornerstone of Nigeria’s maritime policy, aimed at promoting local content and indigenous participation. Its main objective is to reserve coastal and inland shipping trade (cabotage trade) for Nigerian-owned, Nigerian-crewed, and Nigerian-built vessels. The Act’s provisions include:

   • Restriction on Foreign Vessels: It restricts the use of foreign vessels in the domestic coastal trade, including the carriage of goods and passengers from one point in Nigeria to another.
   • Waiver System: It allows for a waiver to be granted to foreign-owned vessels if a suitable Nigerian-owned vessel is not available.
   • Cabotage Vessel Financing Fund (CVFF): The Act established a fund to provide financial assistance to indigenous shipowners for the acquisition of vessels.
3. Merchant Shipping Act 2007

   This is a comprehensive law that governs all aspects of merchant shipping in Nigeria. It provides detailed regulations on:

   • Ship Registration and Licensing: Procedures for registering Nigerian ships.
   • Seafarer Certification: The requirements for the certification and manning of vessels.
   • Safety of Navigation: Rules for collision prevention, maritime signals, and safe navigation.
   • Limitation of Liability: Provisions that limit a shipowner’s liability for certain maritime claims.
   • Wreck and Salvage: Rules regarding the removal of wrecks and the salvage of vessels and cargo.
4. Admiralty Jurisdiction Act

   This law vests exclusive jurisdiction in the Federal High Court of Nigeria to handle all admiralty matters, including shipping and navigation disputes. It defines the types of claims that fall under maritime law, such as claims for damage to cargo, personal injury on a ship, or claims relating to ownership and mortgages of ships.

5. Other Relevant Laws:
   • Nigerian Ports Authority (NPA) Act: Governs the operation and management of Nigeria’s ports.
   • Marine Insurance Act: Regulates marine insurance contracts.
   • Oil in Navigable Waters Act: Specifically addresses pollution caused by oil discharges in Nigerian waters.

International Laws and Regulations

Nigeria’s maritime legal framework is also shaped by its commitments to international conventions and treaties, which it has domesticated into national law. Key international instruments include:

• United Nations Convention on the Law of the Sea (UNCLOS): Often called the “constitution of the oceans,” UNCLOS establishes a comprehensive legal framework for all activities related to the world’s oceans and seas. It defines territorial waters (12 nautical miles), exclusive economic zones (200 nautical miles), and freedom of navigation. Nigeria is a signatory and has implemented its principles into its national laws.
• International Maritime Organization (IMO) Conventions: As a member of the IMO, Nigeria is a signatory to numerous conventions that set global standards for the maritime industry. These include:
  • International Convention for the Safety of Life at Sea (SOLAS): Sets minimum safety standards for the construction, equipment, and operation of ships.
  • International Convention for the Prevention of Pollution from Ships (MARPOL): Aims to prevent pollution of the marine environment by ships from operational or accidental causes.
  • International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW): Establishes minimum qualification standards for masters, officers, and watch personnel on merchant ships.
• Maritime Labour Convention (MLC), 2006: Known as the “seafarers’ bill of rights,” the MLC sets out minimum requirements for seafarers’ working conditions, including employment terms, health and safety, and social security. Nigeria has domesticated this convention.