Stakeholders in the maritime sector are seeking a total overhaul of port system in the country in a bid to encourage and improve trade facilitation as well as ease cargo clearance time in Nigeria.
At the end of the 17th International Maritime Seminar for Judges at the Weekend in Abuja, Stakeholders considered issues of trade facilitation, ports operations and maritime adjudication and practice, climate change issues as they affect maritime activities and automation of the activities of the sector.
According to a Communique issued at of the seminar, experts agreed that there should be a harmonization and simplification of international trade processes and procedures not only in Nigeria but on the entire African continent to facilitate trade amongst the nations of Africa and beyond.
“That there should be a total revamping or overhaul of the Nigerian port system to encourage the enhancement of trade and general ease of doing business, particularly in the maritime sector.
“The need to make the Nigerian ports more efficient and reduce the turn-around time for the clearing of cargoes was highlighted and emphasized giving the example of the port of Tangier reputed to be the most efficient port on the continent of Africa”.
Stakeholders urged that there is an urgent need to review existing legal regimes to properly position the Nigerian Shippers Council as the regulator of the shipping/maritime sector in the emerging blue economy of the nation.
“The Seminar noted that shipping and maritime processes are complicated in Nigeria as a result of multiple agency roles in the shipping processes. Allied to this is the need to evaluate existing legal processes in a manner aimed at driving positive developments in the maritime sector.
“That an efficient and competitive port system that is automated and deploys Artificial Intelligence (AI) in order to optimize service delivery be developed for Nigeria, thus making it imperative for the country to invest significantly in the required technology that will enable Nigeria to compete globally and meet the challenges of modern-day maritime business.
“That shipping, being an international business and practice, requires Nigeria, as a stakeholder nation, to embrace the global standards of shipping best practices, digitization of processes and autonomous vessels’ operation while considering our local realities like likely loss of jobs for seafarers amongst others in the face of the emergence of fully automated vessels.
“That vessel autonomy poses a number of risks, especially job losses for seafarers that have been trained. The Seminar thus calls for investment in capacity building, diversification of knowledge portfolio, maritime education and training which will bridge the possible gaps that will be opened by the new developments in the maritime sector and shipping business through the deployment of technology, AI and the use of autonomous vessels”.
Stakeholders therefore said that arbitration and other Alternative Dispute Resolution (ADR) methods should be encouraged for the settlement of disputes in the maritime sector due to its cost-effectiveness amongst many other benefits which will lead to expeditious settlement of maritime disputes.
“That there is the need to digitize the judicial processes for efficient justice delivery, particularly in relation to arbitration processes which the judicial process aids. To this end, it was resolved that rules of court and practice directions must be consistently reviewed in order to bridge legislative gaps to meet the constantly evolving demands of modern-day business.
“That there is the need to embrace digital knowledge by judges and other stakeholders in the sector and also incorporate digital knowledge studies into the legal education curriculum. In particular, Judges adjudicating maritime and admiralty matters and arbitrators in the maritime sector should be encouraged and supported to acquire digital knowledge. And that there is need for proper equipping and digitization of the Admiralty Registry in Nigerian courts to ensure effective maritime justice delivery”.
Stakeholders further stated that the current position of the Court of Appeal on the MT SAM PURPOSE case which presently situates the exclusive jurisdiction for claims involving crew wages with the National Industrial Court be revisited urgently.
“There is a strong recommendation for a quick judicial and/or legislative intervention, particularly as crew members cannot get a warrant to arrest a vessel to protect or preserve claims before the National Industrial Court. This will aid Nigeria’s compliance with best globally acceptable practices on this subject.
“That the Beijing Convention on Judicial Sale of Ships be ratified and domesticated in Nigeria as it is critical in the context of international maritime law and sale of ships.
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“That there is a need to synergize the communication interface between the Court registry and the Naval Command to ensure seamless service provision, especially on arrest and release of vessels.
“That there is a need to streamline, simplify and clarify legal processes especially as regards arrest of vessels and handling of contracts in order to reduce confusion (on what should be regarded as simple contract and labour matters in the maritime sector) and ensure fair outcomes.
‘That deliberate efforts be made to strengthen the policy and legal frameworks to make Nigeria become a ship-owning nation as opposed to the cargo-owning nation that it is presently to benefit from the economic advantages associated with ship ownership” experts urged.
The Stakeholders commended the proper utilization of the newly established Admiralty Division within the Federal High Court with specialized Judges being considered and the issuance of the 2023 Admiralty Jurisdiction Procedural Rules which introduced electronic filing, simplified service of processes, timelines for hearing applications and the responsibilities of the Admiralty Marshall (who heads the Registry) which include serving processes, managing arrested vessels and sale proceeds amongst many others.
Experts emphasized the urgent need for the diversification of the Nigerian economy from being oil-dependent to a non-oil sustainable economy which the maritime sector in an emerging global blue economy can offer Nigeria.
The Seminar was chaired by the Secretary to the Government of the Federation (SGF), Sen. George Akume, and was declared open by the Hon., the Chief Justice of Nigeria, Hon. Justice Olukayode Ariwoola, GCON.
Other distinguished personalities in attendance at the opening of the Seminar included the President of the Court of Appeal, Hon. Justice Monica Dongbam Memsen, Hon. Justice John T. Tsoho, Chief Judge of the Federal High Court and Chairman of the Organizing Committee of the Seminar, The President of the National Industrial Court of Nigeria Hon Justice Benedict B. Kanyip, PhD, the Hon. Minister of Marine and Blue Economy, Gboyega Oyetola, CON, the Attorney General and Minister of Justice, Prince Lateef Fagbemi, SAN amongst other key Stakeholders.
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