With the recent inauguration of the eight assembly of the National legislature, it means that the Nigerian legislature has had four unbroken terms and it is in its fourth term, since the return to democracy in 1999.
With the recent inauguration of the eight assembly of the National legislature, it means that the Nigerian legislature has had four unbroken terms and it is in its fourth term, since the return to democracy in 1999.
By virtue of its position as a core contributor to the Nigerian economy, the Nigerian maritime sector is one of the beneficiaries of the democratic experience, having been a victim of several years of military rule, during which it (significantly) lost the national carrier; Nigerian National Shipping Line (NNSL) and also suffered severe decay of structures and superstructures.
One of the most obvious features of democracy is the compulsory subservience (by all) to the activities and supervision of the National Assembly’s various committees and their divergent oversight functions.
At the onset of the democratic experience in 1999, stakeholders (especially port operators) who were not used to what was initially perceived as meddlesomeness on the part of the legislature had kicked against the frequent visitations by the lawmakers, albeit, in the name of performing oversight functions.
But all that have changed as stakeholders now see the legislature as partners in progress, the lawmakers also see stakeholders as co-travelers in ‘project maritime’. The relationship has blossomed to the extent that the marine transport committees of both chambers of the National Assembly often rely on informed suggestions from stakeholders at their public hearings and through other means as veritable instruments in the law- making process.
One of the previous sessions of the National Assembly (through its) committees on marine transport facilitated the enactment of certain key bills, such as: the NIMASA Act, Cabotage Act and the Council for the Regulation of Freight Forwarding in Nigeria Act, among others.
But, sadly, the seventh assembly left the Hallowed Chamber with some untreated Bills. Some of the Bills are: Port and Harbour Bill, Chartered Institute of Shipping of Nigeria Bill. They have all been subjected to the mandatory first and second readings and have also been subjected to public hearing at various times.
As a matter of fact, some of those Bills have been in the National assembly for about six years. While the House of Representatives held a public hearing on the Chartered Institute of Shipping of Nigeria Bill in 2009, the all-important Port and Harbour Bill has also been subjected to the ritual of public hearing, stakeholders’ meeting and many closed door interactions, all to no avail.
To say that these Bills are very important to the Nigerian Maritime sector is to state the obvious.
For instance, the Port and Harbour Bill (which ought to have been enacted alongside the 2006 port concession programme) is still pending at both chambers. This is most painful because the Bill would have created an Independent Port Regulatory Commission; the absence of which is currently causing friction among providers and users of port services in Nigeria and giving successive ministers of transport the leeway to commit illegality.
The vacuum of a regulator is what the Nigerian Shippers’ Council is graciously filling as the economic regulator of the port.
While the House of Representatives may enjoy a little sympathy from stakeholders, we are very sure that the past three Senates of the National Assembly lost their respect on account of their apparent nonchalant attitude as regards the current fate of these maritime sector bills.
It is on records that while the House held public hearings on all these bills, the Senate has never had any such interactions with the Nigerian maritime sector stakeholders since the bills arrived at the National Assembly. It is on record that the only time that successive Senate committee on marine transport met with industry players was during the introduction of the controversial Cargo Tracking Note (CTN).
It is also on records that while the House of Representatives actually passed the Maritime Zone Bill and the Maritime Security Agency Bill, the Senate can not be credited with any of such. The House has also done a significant work on the Port and Harbour Bill leading to its near passage, the upper chamber has failed to make any impact. On the contrary, the Senate did not show any seriousness in the handling of these bills.
Out of all the affected Bills, two stand out as requiring attention. While the Maritime zone Bill is a mere statutory legislation to give teeth to the expansion of Nigeria’s continental shelf, the Chartered Institute of Shipping of Nigeria (CISN) is a ‘very harmless’ Bill which seeks to professionalize manpower and related issues in the nation’s shipping sector. So, we see no reason why these two Bills will be left untouched. The case of CISN Bill is even more saddening, because it has been tossed up and down by at least four sessions of the legislature, which fuels suspicion of stakeholders that the CISN is probably considered ‘less important and less lucrative’ by the lawmakers; hence its abandonment.
It is painful that as important as the maritime industry is and as very important as the nation’s port system is, there is no enabling law to guide activities of operators.
Members of the two committees on marine transport of the various sessions of the National Assmebly visited the ports severally, interacted with stakeholders and yet they failed to fulfill their own part of the bargain.
Another session of four years has started, and it is our hope that it will not end without doing justice to these Bills. We take note of what the Speaker of the House of Reps said at a recent function in Lagos, that the Bill would have to be presented. We urge relevant stakeholders and government agencies that are directly affected by the non-passage of these Bills not to be deterred. The 8th Assembly should be given the chance, and we all should bombard them with the imperative of these Bills.
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