Dr Chris Ebare is a maritime lawyer and Chairman, Institute of Chartered Ship Brokers. In this interview with Joshua Yousouph, he talks about several issues affecting the Nigeria maritime industry, including Cabotage, CVFF and NSDP.
What is the Institute of Chartered Shipbrokers about and what is its relevance to the industry?
All around the world, the ICS is actually an institution that trains every personnel that are in the shipping industry. It is a Chartered Institute dated back to 1911, based on Royal charter; by extension all around the world. They are the trainers of everything you see that is related to the maritime sector. They are regulators of the maritime industries and that is why if you go to the United Nations, and UNCTAD you will see ICS members. They are the policy formulators and watchdog. They are the trainers; they set the regulations and standards. That is why they are recognized by the International Maritime Organization. It is only in this part of the world that we have not yet come to the terms with proper recognition; anything goes here. For instance, in other countries like the United Kingdom, Norway, China, the United States of America, Middle East and the rest, you cannot for instance become a ship manager without being a member of ICS. For instance, if you go to Ghana, like we have in the Shippers Council, NPA, NIMASA and NIWA, they are being manned by ICS members. That applies even in Kenya. If you go to other countries like Greece, Cyprus, and other parts of Europe and America, ICS members are the ones that are in charge. Generally, they are experts in the shipping industry that man’s all these positions.
Some time ago, I saw in the papers that a shipping company is advertising for the post of a General Manager and the qualifications they were asking for in Nigeria is Masters in Business Administration (MBA). I just laughed. I am not surprised because it is like putting someone who studied Literature in English to become the Minister of Health. How do you think that agency will perform? Many people do not know about our functions; until recently when we started paying a courtesy visit to them. The Executive Secretary of the Nigerian Shippers’ Council, Emmanuel Jime and my very good friend Dr. Jamoh the DG of NIMASA during a courtesy visit said something remarkable, noting that there is nothing we can do in the shipping industry in the country without the involvement of the ICS. If we have a member of ICS as the Minister of transport of this country, take it or leave it you can imagine the kind of policies in the shipping industry. It will look like that of Antwerp, Liverpool, Norway or Singapore ports. There is more or less little Nigerian agencies can do because they are not maritime experts.
It takes a lot of sacrifices to qualify. I hold a degree in law and four other degrees in maritime before I went to study to become a chartered ship broker in this country. As a matter of fact, I was the first Nigerian maritime legal practitioner to qualify in this country as a chartered ship broker. I don’t know if there is any other person now. It took me an additional five years to qualify because it is not a tea party. This is the body that is in charge of everything such as vessel solving, anything agency, we are in there.
What is the level of ICS membership in Nigeria?
In Nigeria we should be about 46 now. I am a Fellow and we should be about 46 in this country including those that are qualified in Shipping Companies, NLNG and others.
What is your appraisal of the National Seafarers Development Programme?
The NSDP is a step in the right direction. I saw the Rector (of MAN Oron) in a seminar the last time at Oriental Hotel and I told him we want to come in and see how we can collaborate with him because we have a lot to offer. The Seafarers are not being exposed. I see why they are not being rated like the Filipinos, and other South America and Asian seafarers. One of the major reasons is exposure. I know since Jamoh came there, he has been trying to see that after the normal training, these people are sent out to be exposed to other modern technology, so that their certification can meet international standards. They have been trying, but they still need to do more because if you watch other countries, when they are training, they are exposed to several areas; even vessels. One thing that is different from their own to ours is that when they are theorizing your brain, they practicalise your brain too. If you go to our NLNG, most of their Captains are foreigners because the Cabotage law allows it. That is the shortcoming.
What do you think is responsible for seafarers’ unemployment in Nigeria?
Lack of exposure is the major factor responsible for unemployment among seafarers in Nigeria. Expose them! While you give them theoretical training whether in Oron or wherever, bring them out. It is important we expose them. Let them get proper certification. They will also be hot cakes. Even as maritime lawyers, we were being taken to Apapa port those days and board vessels showing us the different processes. We go to the high sea and they bring us back. The cadets should spend about six months here and four months there. You take them to the Middle East and they spend three months and you bring them back to Singapore to spend three months. You bring them to the US, they spend some months there and then you bring them back. When they are here, you will see their heads up. While they are there, I trust Nigerians, they will distinguish themselves. When it is time for recruitment, they will be recommended.
People have argued that seafarers are unemployed because the Nigerian National Shipping Line has been liquidated. What is your take?
I do not agree. The ones we employed here, are they Nigerians? Even the Cabotage Law that we brought into our system has retarded and being a curse in our shipping industry than a blessing. It has brought down tremendously the progress we would have made in the shipping industry because it is protectionist. This is why people hold on to territories in the shipping industry, without adding value just because the Cabotage law says it should be given to them. I don’t subscribe to the fact that the fall of NNSL has led to the high rate of unemployment of seafarers in Nigeria. It is our Cabotage regime.
What aspect of the Cabotage Act should be amended?
If you look at the law, I gave a recommendation to NIMASA. I believe NIMASA is reviewing the Cabotage law currently. I know certainly that if it will be done before Jamoh leaves office. They should liberalise it. Other countries have liberalised their Cabotage law where we borrowed it from. They should allow foreigners to come in. When these foreigners come in, they will be able to employ some of our seafarers. Whether we like it or not, many Nigerian ship owners do not have the required capital to acquire the necessary vessels to first and foremost lift our crude oil and secondly to lift our cargo. It is expensive. That is why I have often said the Cabotage law is one of major hindrances to the development of shipping industry in Nigeria, because no bank can finance the purchase of a vessel. A very good vessel today is over $180m, about over N1bn. How many Nigerian banks can remove $800m from their vault and still survive.
What is your take on the delay of disbursement of CVFF?
This CVFF you are talking about, how much is the money? If you go to the international market, you will notice that a good vessel is over $1bn. How much do we have in the CVFF? Except they want to go and buy the vessels the EFCC or ICPC were auctioning. The money they have and they are making noise about saying that the Minister should release it for them is very small. In Cyprus, that is where you see where they practice proper husbandry whereby you see to get a kind of vessel of over $1bn, you will see about 30 to 35 stakeholders bringing their money together and paying for it. But here, those that are clamoring are saying they want to share the money since it has been long they have been contributing it. Go and check their shipping companies. I have a shipping company too. If you check their shipping company, you will realize that it is the father, son, mother or wife that are owners of the company. Is that husbandry? No! Husbandry is supposed to be up to 54 where they come together to contribute and purchase the vessel. As far as I am concerned, even the $350 that they are talking about, they can only buy small vessels in the international market. It is not the modern supersonic vessels like the one you see in China or its equivalence.
What is your position on the National Shipping Policy?
It is a welcome development. I pray the incoming government will take it seriously. Whatever the former Minister must have proposed at that time, I don’t know if the current Minister is taking it seriously. It will benefit the industry, provided they allow the professionals to run it. You don’t go and bring someone who is not a ship expert to head an agency. It is going to help if they allow shipping technocrats. There is an adage that says if the head is rotten, then the body will get rotten too. But if the head is good, the body will be very sharp.
What is your appraisal of the current DG of NIMASA? Do you think he has done well?
Yes and absolutely. He has brought a lot of innovations to the maritime industry. Particularly, he has been able to really reduce the weight and power of piracy especially in the Gulf of Guinea by acquiring a lot of modern technology and really empowered the Navy. In terms of human capital development, he has done a lot in that aspect and has been able to open up the place. Some of us who thought about Cabotage reform and review of the laws, he has been able to set up a committee to review the Cabotage law and give it a human face like what is obtainable in other countries, even as it is in the National Assembly. Even in international conventions, he has given some of us and the ICS the responsibility to review international conventions and look into some of them that can be domesticated in Nigeria. Jamoh has done a lot. I am not surprised at all because he is a professional to the core, that is why he has been able to really achieve that within that short space of three years in office. I must say a very big congratulations to him for repositioning the agency.
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