Chris Osunkwo (Customs PRO, Tin Can Port)
Chris Osunkwo (Customs PRO, Tin Can Port)
Where an international convention clashes with a Nigerian law, it is the Nigerian law that takes precedence; by law, every port in this country is recognized as ?a customs port, what gives authority to the port to function as a port is the customs presence there, otherwise it will just be described as a mass of water and a parcel of land, it is the presence of customs that gives authority to whatever goes on at the ports. NIMASA on the other hand has its own well-defined and specifically tailored functions? and roles in administration, but not to bring in the ISPS Code argument, if Nigeria were not to be in existence, the ISPS Code will not be signed or applied. There is no basis for clash between both agencies on account of the ISPS Code, Nigeria must exist first before conventions and bi-lateral agreements, there cannot be a king without a kingdom.
Oliver Omajunwa (Sifax Group, Terminal Operator)
When it comes to security and compliance aspect of the port, the NIMASA has a role to play, but really, the NPA and the Customs are the major people in charge of the ports. In this wise, you will need another regulatory body to decide, the ?Shippers Council should be able to regulate the port, we cannot be having different authorities laying claims, there should be one body regulating everything and the Shippers’ Council has been appointed now, so there should not be contention on who should run the port, the Council should have a constituency of each of the organisation's working inside the port, we should not have unnecessary confusion. The NIMASA should lay claims to the ISPS Code because it has to do with security, but I still believe the Shippers Council should be allowed to regulate.
Ugochukwu Nnadi (Deputy President, NAGAFF)
The Geneva Convention allows for the domestication of any law to suit prevailing circumstances at any point in time?. According to the convention, implementing any international convention should not be a blanket implementation; at any area, prevailing circumstances must be taken into consideration so that the implementation of the convention will not create row or problems. In our own system, we are not yet matured enough to implement ISPS Code the way it is being implemented in the United States or other developed countries. If you go to the western countries, you cannot find people inside the port, you can even do your import and export from your home, but over here if you do not get to the port you cannot do import or export, so if we decide to implement ISPS Code the way Americans are implementing it, it will not work, the Code did not say that people should not go into the port, but that movement should be restricted and people going inside must be identified.
Kanikwu Chucks (Secretary, ANLCA Tin Can)
The ports are designated customs ports, but NIMASA are the enforcers of the ISPS code, however, they must work hand-in-hand with those that are designated by law to work inside the port, NIMASA cannot be at the? port in isolation, the customs must still be there providing security in order to avoid leakage of revenue, NIMASA’s Port Facility Security Officers cannot turn into revenue officers, so the jobs are all symbiotic. Laws are made for man to apply, if customs are pursuing a cargo leakage, they have every right to any terminal at the port, we must not apply laws blindly, port control is a multifaceted issue that involves NIMASA, Customs, and the NPA because they are still the landlord. So all hands must be on deck and nobody must claim superiority, the ISPS code is something that everybody must work together to achieve.
Aare Sanni Shittu (Vice Chair, BOT ANLCA)
Every organization has its own statutory duties?, the customs are the ones in charge of the ports and that is why it is called customs port by the Act that created them. NIMASA on the other hand is in charge of administration of the port, so you can see that everyone of them has its own statutory role which must not disturb one another, you cannot take away from the customs everything that has to do with import and export, NIMASA on the other hand has functions in shipping and safety matters, these roles are well spelt out the Act that establish the agencies. But in any civilized world order, the customs is superior to NIMASA and customs cannot be rivalled.
Ifeanyi Emoh (Freight Forwarder)
Under international best practices, it is the terminal operators that are fully in charge to operate the ports because they are the owners of the facilities and I think they should control it. The Nigeria Customs and every other agency have their own various duties which they are assigned to carry out, this includes conducting examination and cargo releases, but when it comes to port activities as required by the international standard, it is the NIMASA that should control the implementation of the ISPS code in the port. The Nigerian Port Authority (NPA) has given out the various terminals to different port operators and so far so good they have been able to achieve such implementation both within and outside the country.
Dr. Babatunde Samuel (Registrar, POTEMAN)
Going by the principle of the ISPS code, three parties are expressed involved and they are; the sea port terminal operators, shipping lines which also involved the shippers, they ?must be able to disclose information and also the movement of cargos from point A to point B, it also involves the ship owners, they are meant to disclose what they are carrying or bringing in into the port, the terminal operators are also meant to give a breakdown of cargoes and their destination in Nigeria. The control of the ISPS code administration is presently under NIMASA and I believe that they are the organ of government that really has the ability to implement the policy because they are also working closely with the American Coast Guard, they have been able to establish standard which Nigeria can use.
Deacon Kalu (Freight Forwarder)
In my own opinion I think the NIMASA is in the best position to control the implementation of the ISPS code, my reason is that since the inception of that policy, safety measure of lives and properties in the port have been put into consideration thereby making sure that there is maximum security in the port, and also they have improved by bringing international bodies into the ? country to make sure the law is well implemented, although some agencies are trying their best to make sure that this policy is not executed. I think NIMASA should be given chance to implement this law.
Umar Jimoh (President SSACTAC Maritime)
The point is that all the agencies must obey the laws of the Federal Government of Nigeria, irrespective of the act establishing such agencies at the seaports. There is no form of overlapping of functions between the agencies at the ports, because Customs has a role to play by ensuring that duty are paid on cargoes before leaving the ports, NPA remains the landlord of the port, they regulate the terminal operators despite the concession agreement, while NIMASA is to ensure safety and security on our maritime domain. But in my own opinion, I think there is need for peace to co-exist among all the agencies operating at the port, because any form of friction among them may bring about breakdown of port operations. The police also have a role to play at the port, because, they should be able to resolve issues that may arise among other agencies for example, between Customs and NIMASA.
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