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Home » Maritime Security Challenges In Nigeria Underline Urgent Need For Legal Reforms–Maiguwa 

Maritime Security Challenges In Nigeria Underline Urgent Need For Legal Reforms–Maiguwa 

By Oluyinka Onigbinde 

by Joshua
December 11, 2023
in Featured, News

The President of Maritime Security Providers Association of Nigeria (MASPAN); Mr. Emmanuel Maiguwa has identified critical gaps in Nigeria’s approach to maritime security threats, this is even as he has called for reforms of some of the Acts.

 

Maiguwa in a recent presentation at the Maritime Reporters Association of Nigeria (MARAN) event, underscored the need for comprehensive legal reforms to safeguard the nation’s extensive maritime interests.

 

The MASPAN President emphasized the global significance of water transportation stating that with maritime trade identified as a cornerstone of the global economy, securing this space against evolving threats has become a priority for littoral states like Nigeria, which boasts the largest Exclusive Economic Zone (EEZ) in the Gulf of Guinea.

 

He highlighted a range of maritime security threats faced by Nigeria, including piracy, sea robbery, theft, terrorism, community/labour agitations, and various forms of illegal trafficking.

 

While acknowledging existing legislations like:  Armed Forces Act, Nigerian Immigration Act, Nigeria Customs Service Act, and NDLEA Act as crucial frameworks, Maiguwa pointed out a significant gap, which he identified as the absence of persecutory powers in enforcing maritime security.

 

A closer examination revealed that key agencies such as the Nigerian Navy lack the authority to prosecute offenders. The Armed Forces Act assigns responsibilities to the Navy, including enforcing customs, fishery, and immigration laws, but said the absence of persecutory powers raises concerns about the effectiveness of these measures.

 

For instance he said the Nigerian Immigration Act, Nigerian Customs Service Act, and NDLEA Act were scrutinized for their roles in addressing specific threats like stowaways, smuggling, and drug trafficking. While these legislations provide a foundation, Maiguwa urged revisions and enhancements to ensure they align with the dynamic nature of maritime security challenges.

 

Speaking further, Maiguwa said the International Ship and Port Facility Security (ISPS) Code, intended to enhance security on ships and ports, has received acknowledgment for Nigeria’s compliance. He however,  argued that the code’s limited criminalization of violations and insufficient measures pose challenges in addressing Nigeria’s unique maritime challenges effectively.

 

On the Suppression of Piracy and Other Maritime Offences (SPOMO) Act, he said the Act was recognized for laying a solid foundation to combat maritime crimes through the justice system. Still, Maiguwa proposed revisiting the Act to address a broader range of maritime offences, echoing the need for a comprehensive legal framework.

 

In a gap analysis, Maiguwa juxtaposed maritime security threats against the existing legal framework, emphasizing the need for specific enforcement agencies, the criminalization of ISPS violations, and revisions to the SPOMO Act.

 

 


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