As part of our broader perspectives on F.O. Akinrele & Co’s practice areas, we are constantly presented with opportunities to influence legislation and forge a path towards better governance in the Nigerian commercial sector.
Over the past 12 months, our Transport Law Group has been engaged in several legislative initiatives exemplified by the following key federal and state public sector legislative initiatives in the Nigerian maritime and transport sectors:
The Coastal and Inland Shipping (Cabotage) Act 2003 and the Suppression of Piracy and Other Maritime Offences (SPOMO) Act 2019.
The Cabotage Act 2003
The Cabotage Act primarily reserves the commercial transportation of goods and services within Nigerian coastal and inland waters to vessels flying the Nigerian flag and owned by persons of Nigerian citizenship. The Acts seeks to limit foreign participation in domestic coastal trade and promotes indigenous shipping.
SPOMO Act 2019
The SPOMO Act aims to deter would-be offenders and protect the integrity of maritime activities. It was enacted in 2019 to combat the problem of maritime insecurity in Nigeria, by preventing and suppressing piracy, armed robbery and other unlawful acts done against a ship, aircraft and other maritime craft, including a fixed or floating platform. It defines acts of piracy, armed robbery at sea, and other unlawful acts perpetrated within Nigeria’s territorial waters and exclusive economic zone (EEZ).
Between 2023 – 2024, we were engaged to lead a critical review of both legislations by the Nigerian Maritime Administration and Safety Agency (NIMASA), the Nigerian government agency responsible for regulation and safety of shipping within the Nigerian maritime and coastal waters.
The objectives were to substantially review and draft the terms and provisions of both enactments incorporating international best practices in view of new and developing challenges in various aspects of both laws, particularly in field of enforcement.
The work culminated in the drafting of a Cabotage Bill (2023) and SPOMO Bill (2023) which have since been presented to the Nigerian legislature for debate and passage into law.
The Ogun State Transport Reform Bill
In 2023-2024, the Ogun State government (a state within the western region of Nigeria), through the Nigerian Infrastructure Advisory Facility (a partner to Adam Smith International) engaged our Transport Law Group to conduct a legal and regulatory review of the Ogun State Transport Reform bill. This required a review and appraisal of the institutional and governance structure of the Ogun State transport sector.
The ultimate objective was to coordinate and enhance productivity and promote a viable concessioning and commercialization regime for the Ogun State transport sector.
In examining this bill, the main observations were the need for more coherence in the unification of all the transportation organs of Ogun State and the review of extant laws in order to avoid a proliferation of laws and avoid conflicts between Ogun State’s extant transport laws and the Transport Sector Reform Bill.
Our reform and appraisal report on the Transport Sector Reform Bill has been submitted to the Ogun State government for further legislative steps to be taken.
Participating in legislative initiatives such as this will remain F.O. Akinrele & Co’s priority for many years to come.