Listening to the Executive Secretary of the Nigerian Shippers’ Council, Dr Akutah Pius about two months ago, when he expressed optimism about the expected Presidential assent to the Nigerian Port Economic Regulatory Agency Bill, left this newspaper with the impression of a man who had done all that needed to be done. We saw a man who was only waiting patiently for physical manifestation of answers to his prayers.
That prayer was eventually answered on Thursday August 13, 2026. This date will go down in history as the day the 48 years story of the Nigerian Shippers’ Council changed. The Council transmuted to Nigerian Port Economic Regulatory Agency (NPERA).
Prior August 13, we had fears because of what happened to its precursor- the National Transport Commission (NTC) Bill, which was killed a few years ago under a very suspicious circumstance, The NTC Bill was killed by forces that were simply scared of what the Commission represented. They used their access to the Presidency to their maximum advantage.
But, the NPERA Bill is not the same thing as the NTC Bill. Even though, both were promoted by the Nigerian Shippers’ Council, the NPERA Bill is a more realistic attempt at solving an age long problem- a problem which stifled growth and fairness in the Nigerian port system.
Unlike the NTC, the NPERA is meant to provide a transparent and predictable framework for regulating port tariffs and charges, ensuring that pricing decisions are guided by established economic principles rather than administrative discretion. Its jurisdiction is the Nigerian port system, unlike the NTC, which had a more ambitious dream of superintending all modes of transportation.
The NPERA Act is expected to promote fair competition among terminal operators and service providers, discourage anti-competitive practices, strengthen investor confidence and provide a credible mechanism for resolving commercial disputes before they escalate into prolonged litigation.
In a nutshell, the NPERA replaces the old interim 2014 arrangement of mere designation of the Nigerian Shippers’ Council as the Economic Regulator of the ports, which an enabler to function. Conversely, the NPERA has created a solid statutory framework.
The new law clearly empowers the new agency to review, approve, and cap port and terminal charges. Above all, the NPERA will prevent unfair business practices and arbitrariness by private operators.
Instructively, the new dispensation has transitioned the Nigerian Shippers’ Council from an interim policy-backed regulator into a full statutory agency, with powers to control port tariffs, license service providers, manage competition, and resolve commercial disputes between providers and users of port and related services. This is huge!
Significantly, the NPERA Act 2026 boldly separates commercial economic regulation from the operational duties of the Nigerian Ports Authority (NPA).
The NPERA Act is expected to provide a fast, legal channel to handle commercial complaints between shippers and terminal operators and shipping line agencies. This is an age-long challenge that the Nigerian Shippers’ Council contended with, and could not resolve.
It is a fact that, 20 years after the ports were concessioned, the nation’s port system had no statutory, independent economic regulator dedicated exclusively to overseeing port pricing, tariff administration, competition regulation, economic performance monitoring, and sector-specific dispute resolution.
This regulatory gap continue to generate overlapping institutional responsibilities, inconsistent economic regulation, controversy over tariffs and arbitrary charges, poor services, investor uncertainty, and avoidable commercial disputes across the port value chain.
Sadly, not even the gazette that made the Council to assume the role of the Economic Regulator of the port, could change the longstanding perception that stakeholders had about the Nigerian Shippers’ Council. It was still not respected as much as it should. This was not because it did not have the manpower to function. It was simply because it never had the legal backing to wield the big stick, even in the face of violations.
So, for as long as it existed, even before the 2006 port concession, the Nigerian Shippers’ Council had often resorted to persuasions, negotiations and engagements with all, to extract influence.
Presumably, all that will change. Because, the new law has separated port operations superintended by the Nigeria Ports Authority from economic regulatory duties to be superintended by the Nigerian Ports Economic Regulatory Agency
As a maritime media organisation, we are in full support of any law that will usher-in a new life for the Nigerian Shippers’ Council. This is what the National Assembly has done, by enacting the NPERA Act.
This is not about relevance, it’s more importantly, about the prospect of the NPERA enhancing ease of doing business in the ports and boosting revenue generation for the Federal Government.
However, to succeed, the NPERA must seek the collaboration of the NPA, Nigerian Maritime Administration and Safety Agency, Nigeria Customs Service, terminal operators, shipping lines, freight forwarders, importers, exporters and the media.
Coming from the background of struggle for relevance, and scoring a high mark in stakeholders’ engagement, the NPERA management must continue on the trajectory of collaboration. It must resist any attempt to force its way into its regulatory functions.
For those who are apprehensive of possible clashes with some existing agencies, especially the NPA, we think the fear may be unnecessary. The NPA has for 20 years taken up the role of the landlord of the ports. It should see the NPERA as a collaborator in the quest for the best for the nation’s seaports. Similarly, we do not expect the NPERA to see itself as a competitor with the NPA, and indeed other sister agencies.
The months ahead, staring from immediately will determine the success or otherwise of the new law. The agency should not be in a hurry to be see. It should rejig its internal workings to align with its new role.
