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Home » Do you think the terminal operators should be allowed to repair the failed infrastructures in the ports?

Do you think the terminal operators should be allowed to repair the failed infrastructures in the ports?

Complied by Joshua Yousouph

by Joshua
August 1, 2023
in Vox Pop

Barr. Osuala Nwagbara (Maritime Lawyer)

I sincerely think that NPA should move and carry out its obligations as regarding the maintenance of the port. There is a subsisting agreement of concessioning of cargo operation in the port and part of what is provide there is that NPA has traditional functions of maintaining the port inclusive of conservancy functions. The responsibility of NPA under that concessioning agreement is statutory and it was not part of the responsibility of terminal operators to maintain the quay of the port. If NPA, for any reason does not have the funding now, there should be an arrangement whereby the terminal operators should fix the port at a cost that is assessed by an independent contractor who will assess the cost of fixing the port. Also, such cost should be recoverable by the terminal operators over a period of years. That appears to me the most viable option right now.

 

Captain Henry Gumwalk (Master Mariner)

That will be good. Most of the ports in the world are now privately-owned. It is not like the Nigerian concession that they have given as lease. In some other parts of the world they have already been given out completely with Government having some shares in the port and oversee as regulators. That is what is happening around the world and the people are moving towards it. But the problem there is that when things are privatized we don’t get the best of it again. We are struggling with electricity distribution now; with constant hike in tariff without getting value for it. The ports are in a very bad condition. INTELS wanted to carry out the repairs but the government refused, now they are saying they don’t have the money. This sea port brings in a lot of revenue NPA itself is making money from these vessels that come in and they are the landlord. Why can’t they do it directly rather than the ministry of transport? If the terminal operators are given this to do, I think it will make more sense.

Captain Adetayo Saliu (Chairman, Merchant Navy Shipping Zonal Council)

If that will make the port work effectively, I think it is a good one. But the government cannot tell us they don’t have money to upgrade and maintain the facility. They are making money and generating revenue from it. Where are all these revenue going to? Those are the questions we need to ask and everybody in charge should be questioned on the situation on ground. Our ports should improve (facility-wise), so that vessels can berth and more revenue can be generated. There will also be more employment for the maritime workers. If the port terminal operators say they can do it, then you know the implication. That means our government is not responsible.

 

Dr. Chris Ebare (Maritime Lawyer)

If you put the right people that knows what to do in the right place, with the billions of dollars and the trillions of Naira that is being generated in the port, and we have a decayed port. Are we not ashamed as a country?  It is unheard of. We generate a lot of money. When you bring people that are not experts to man a facility, they will not know exactly when to service or maintain the facility. I think the prayer we should pray as maritime stakeholders is to say never again do we bring people that are not experts to man the helms of affairs in the Ministry and government agencies. What we are experiencing today at Nigerian ports is as a result of our misplaced priority. If the head is rotten, the body will be rotten.

 

Engr. Wale George (Vice President, Nigerian Merchant Navy)

I think that what is obtainable globally, it is the responsibility of the Nigerian Ports Authority and it is not good for such an agency to start transferring their responsibility of stakeholders or users. There is an amount of which they should charge the operators but they have the responsibility to maintain the ports. That is why they are called the Nigerian Port Authority. If this responsibility is left in the hands of users, they may destroy it and not use it well. Even if they have given the ports to concessionaires to use, they still own the rights to maintain in the ports for the integrity of the waters. So I think the NPA should wake up to their responsibility as the custodian of the ports in Nigeria. They are generating revenue and part of it should be for the maintenance of port facilities, equipment and infrastructure.

 

Humphrey Okwuosa (Apapa Chapter Secretary, NCMDLCA) 

It depends on the terms between the Nigeria Ports Authority, government and the terminal operators. The landlord of the port is NPA, the terminal operators are just tenants. Once their concession is over they will go, except they want to renew it. If there is any decay in infrastructure, it is the work of the NPA and the government to look at it and repair; knowing that the maritime industry is second to the highest revenue generation agency in Nigeria presently. So any delay in repair will affect the generation of revenue in Nigeria. So if they can have an agreement with the terminal operators that they should do it and they will be refunded, this will be good. The government should look into this urgently because it is affecting facilitation of trade in the country.

 

Otunba Sola Olatunji (NISA Member)

I totally agree and I am in support of the terminal operators taking over the maintenance and repairs of the quay walls at the port. However, terminal operators who have been tested and have efficiently delivered can be drafted in, to improve on the port infrastructure. You and I know that the government cannot do well in this regard.

 

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