Daily Champion (Lagos)

Nigeria: Nimasa Woos Judiciary Over Interpretation of Maritime Laws

The Nigerian Maritime Administration and Safety Agency (NIMASA) has said it will continue to partner relevant stakeholders in the shipping industry, especially the judiciary to enhance proper interpretation and enforcement of laws relevant nation's maritime industry.

Mr. Temi Omatseye, director general of the agency, who was represented by Mr. Ibrahim Zilani, executive director of the agency in charge of Cabotage services made this disclosure at the first strategic admiralty law seminar for judges in Lagos for the south-west part of the country organised by NIMASA.

The two-day seminar is focusing basically on the interpretation and enforcement of three major laws in the industry comprising of the Coastal and Inland Shipping (Cabotage) Act 2003, NIMASA Act 2007 and the Merchant Shipping Act 2007 and other subsidiary legislations.

The director general observed that no matter how well crafted, laws are meaningless if they are not correctly interpreted and subsequently implemented and obeyed, for which he said the judiciary has a critical role to play if the aims and objectives of such pieces of legislations are to be realised.

He also observed that laws are the foundation of the order, which every society including Nigeria so highly seeks without which there would be chaos and therefore put both private and public sector investments at risk.

According to him, as an agency that deals with laws and regulations of both national and international relevance on a daily basis has come to realise that the efforts of the organisation can have no rooting with the full understanding of every stakeholder in the industry

'We have also realized that it is better to narrow on key pillars of our regulatory and promotional powers, which no doubt are to be found in the laws and regulations that give us life and bite as a regulatory.

While we are keen to partake in the full complement of relevant international codes and conventions, we are very mindful of the importance of our local legislation', the director general noted.

It was gathered that it was in realization of these facts that the agency made it a point of duty to partner directly the judiciary, which is often remembered only when there is a disagreement or a dispute so that issues that affect the maritime industry can be seen in their true light outside dispute situations.

He argued that it is important to understand that these laws if well implemented would contribute greatly to the economic development of Nigeria especially at the macro level. The NIMASA -boss also noted that the Cabotage Act for instance was preceded with so much fanfare and was regarded as a revolutionary piece of legislation at the time of its enactment, capable of empowering Nigerian operators in the shipping industry.

He argued that those potential remains but would need to be translated through courageous efforts of the regulators on the one hand and more importantly, by the judiciary on the other.

He therefore charged participants to explore all the instruments at their disposal towards ensuring a better interpretation and understanding of the relevant laws.

Justice Emmanuel Sanyaolu, a retired judge of the High Court, chairman of the occasion had in his opening remarks noted that the seminar was for judges in Federal High Courts and Justices of the Courts of Appeal in the region, who are likely to handle disputes arising from these legislations.

While describing the three major laws as 'benchmark laws' for the maritime industry, he noted that the seminar would provide participants ample opportunity to rub minds on these new laws in the over all interest of the Nigerian nation.


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