9 August 2008
The Governor of Edo State, Prof. Oserheimen Osunbor has identified flaws in the nation's maritime laws inimical to the development of the Niger Delta and has therefore called for their immediate review to bring them in line with modern realities.
Speaking yesterday in Port Harcourt at Vanguard's "One Voice" legislative retreat for members of the National Assembly from South-South, the governor observed that the dynamic and international in nature of the maritime industry made it imperative for the laws to be reformed to make them relevant to the nation and the South-south in particular.
The governor who was represented by his deputy, Mr. Lucky Imasuen, spoke on the theme, "Promoting Economic Growth and Desirable Social Change in the Niger Delta Region through Legislative Process: A South-South Constitutional Review Agenda."
He noted that the major maritime laws which required adjustments were the Territorial Water Act, chapter (Cap) 428 of Laws of the Federation of Nigeria 1990, marine Insurance Act, Cap M2 LFN 2004, Maritime Academy of Nigeria Act, Cap M3 LFN 2004, Maritime Operations Co-ordinating board (MOCB) Act Cap M4 LFN 2004 and the Coastal and Inland Shipping (Cabotage) Act which was enacted in 2003 but came into effect in 2004.
According to him, "a close monitoring of the implementation and practice of the Maritime Laws in Nigeria leaves the following flaws.
"In spite of the cabotage regime currently experienced in the Nigeria maritime, the industrial fortune is still largely controlled by the foreign freight ship owners; no real indigenous ownership and no real national carriers.
"The Ship Acquisition and Ship Building Fund (SASBF) which was designed to give assistance to indigenous companies for fleet expansion and ship ownership, was massively abused by all concerned; besides the beneficiaries of the fund complained of its short gestation period.
"There is also the problem of gross neglect of control in relation to national security, freight and quality of cargo using the Nigerian sea routes. The foreign ship owners operated with impunity, having no regard to regulations touching on our territorial waters.
"Cargoes below standard fitness roamed freely on our territorial waters. They break down frequently, thus constituting obstructions on our waterways," he said.
The Governor added that "another major flaw in the operation of maritime activities in Nigeria is the lack of political will by political leaders to implement policies that may adversely affect foreign concerns. Fear and apprehension dominate consideration made to press home most major policies in Nigerian maritime, particularly where those policies impact negatively on the foreign owners.
"The resultant effect of failure to implement policies accounts for the poor performance of existing maritime institutions in Nigeria.
"There is also the continuing problem of increased waterways crime like hostage taking, unlawful arrest and detention of ships, bunkering and pipeline vandalisation on the sea. All these constitute huge drain on the economic growth and social lives of the Niger Delta people in particular," he stated
Governor Osunbor also noted the problem of port congestion resulting in delays in the time of obtaining berthing permits and discharge of goods saying, "the fact that fleets, which ordinarily ought to discharge in matter of days, are kept for longer periods, does not mean well for this county."
He noted that while SASBF intention to give assistance to indigenous companies for fleet expansion and ownership was good, a regime enabling the establishment of Maritime Bank which would assess the projects would adequately meet the tide of the current abuse of the fund.
Similarly, he called for regulations enhancing the powers of the relevant authorities to provide infrastructures at the ports, stressing the need for increase in the penalties for waterways offences for criminally minded elements.
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