About three weeks ago, words filtered in that the Federal Government had given approval to the Nigerian Shippers’ Council to take on the role of the commercial regulator of activities in the Nigeria port system.
Even though a commercial regulator ought to have been an integrant of the port concession deal, stakeholders, including the Nigerian Ports Authourity (NPA) and the concessionaires have had to make do with a largely unregulated post system since the ports were concessioned almost eight years ago.
About three weeks ago, words filtered in that the Federal Government had given approval to the Nigerian Shippers’ Council to take on the role of the commercial regulator of activities in the Nigeria port system.
Even though a commercial regulator ought to have been an integrant of the port concession deal, stakeholders, including the Nigerian Ports Authourity (NPA) and the concessionaires have had to make do with a largely unregulated post system since the ports were concessioned almost eight years ago.
Everyone had hoped that the Port and Harbour Bill would be passed since the concession was flagged-off in 2006, we were hopeful, even up to the last weeks of the sixth session, but we were shocked that the session ended without the all-important bill being attended to.
Even in the midst of the anxiety and the high expectations, the minister of transport, Senator Idris Umar sometime ago convened an inter-ministerial retreat, purposely for harmonization of all transport sector bills, that is, the Port and Harbour bill and the National Transport Commission (NTC) bill.
Even though everyone was assured that the retreat enjoyed the support of President Goodluck Jonathan who reportedly gave a December, 2011 deadline for all pending bills to be brought before the Federal Executive Council (FEC), the retreat ended as a mere talk show.
From all indications (even though no one was willing to admit), the stumbling block on the way to the passage of the Ports and Harbour bill is the conflict of interest between its proponents and those who have been pushing for the National Transport Commission (NTC).
If anyone was in doubt as to the delay birth of the bill, the recent confirmation by the Minister of Information; Mr Labaran Maku that the FEC has decided to push four Bills (including the Ports and harbour Bill and the NTC) to the National Assembly for consideration and passage has cleared such doubts.
No doubt, the NTC is a creation of the Bureau of Public Enterprises (BPE). The emergence of NTC is shocking, especially after everyone had thought that it had conceded to the National Assembly over the Ports and Harbour Bill,
From all indications, the BPE may have succeeded in convincing the ministry of transport and by implication the FEC to take another step backwards in the quest to ensure that the nation’s port system is governed by a set of commercial and technical regulations ‘midwived’ by the BPE.
We are strongly of the opinion that the National Assembly deliberately delayed the passage of the Ports and Harbour Bill for reasons best known to it.
The National Assembly deliberately put obstacles on the way of this bill, otherwise, it should not have difficulties in passing it after the public hearing and the stakeholders’ meeting where it was even agreed that the proposed Port and Harbour Bill should also incorporate an Independent Port Regulatory Commission that will act as the arbiter in cases of disputes between all players in the post-concessioned port system.
Unfolding events since the 2011 ministerial retreat gave credence to insinuations that the main rationale for the retreat was to shoot –down the Ports and Harbour bill, this is essentially so because the BPE has never hidden its opposition to the port bill, at least, in preference for its National Transport Commission bill.
It is indeed a curious coincidence that, after the retreat which was also attended by BPE, works on the ports bill petered out.
Since the retreat, there has been no mention of the bill, either by the National Assembly or the executive.
All the promises that were given by the sixth assembly that the bill would be passed were not kept.
Before the last session of the legislature ended, the Chairman of House of Representatives committee on marine transport, Hon. Ifeanyi Ugwuanyi was quoted as telling journalists in Onitsha that: “We are re-introducing the Ports and Harbour bill, because we discovered that it will erode the Nigerian Ports Authority of its powers. I want to take it back to stakeholders and agree on what to do with it”. He never did, and the session ended.
Another session is winding down and what we are confronted with is a resurgence of NTC and Ports and Harbour Bills for consideration by the legislature.
We think the Nigerian maritime sector players and indeed members of the shipping community have a right to ask questions. They should also speak up for or against the NTC.
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