Posted: March 6th, 2024

Analyzing the impacts of policy and regulatory changes on maritime safety and security in Nigerian waters

Analyzing the impacts of policy and regulatory changes on maritime safety and security in Nigerian waters.
1. Introduction
1.1. Background of maritime safety and security in Nigerian waters
1.2. Importance of policy and regulatory changes
2. Policy and regulatory changes affecting maritime safety and security
2.1. Implementation of international maritime conventions
2.2. Strengthening port security measures
2.3. Enhancing vessel monitoring and tracking systems
2.4. Improving response capabilities to maritime incidents
3. Impacts of policy and regulatory changes on maritime safety and security
3.1. Reduction in maritime accidents and incidents
3.2. Enhanced protection against maritime crimes
3.3. Increased confidence in Nigerian waters for international trade
3.4. Improved cooperation and coordination among stakeholders
3.5. Challenges and limitations in implementing policy and regulatory changes
4. Recommendations for further improvement
4.1. Strengthening enforcement mechanisms
4.2. Capacity building and training programs
4.3. Continuous monitoring and evaluation of policy effectiveness

Analyzing the impacts of policy and regulatory changes on maritime safety and security in Nigerian waters.
1. Introduction
Maritime safety in Nigerian waters has been an enduring challenge over the years. The International Maritime Organization (IMO) defined maritime safety as “a state of freedom from danger or risk at sea which is recognized as an important aspect of the activities of member states”. On the other hand, maritime security was defined as the ability of the Nigerian maritime and security industries to operate in a safe, secure, clean and sustainable manner. These definitions are very revealing about the two conditions. Safety is more about the operation of vessels, and the safety of lives and properties in the vessels. On the other hand, security is more about the ability of the maritime industry to develop and implement measures to prevent acts that jeopardize the safety of the people in the vessels. However, in practical terms, safety and security are inseparable because a situation of insecurity in the maritime industry often translates to a situation where lives and properties are endangered at sea. Also, the continuous attacks on vessels and oil installations and other illegal activities such as illegal fishing and marine pollution have put Nigerian waters under immense international attention. This is because Nigeria is signatory to some international maritime conventions and protocols. Nigeria is expected as a responsible member of the international community to give effect to those conventions and protocols. Also, because the majority of the exports from Nigeria are by sea, and about 70% of global imports are by sea also, it becomes even more paramount to ensure that these activities are kept within the ambit of the law. Such illegal activities add to the cost of living around the world, increases threats to international security, and damages the marine environment. Therefore, all efforts such as the recent passing into law of the Anti-piracy bill by the National Assembly should be supported; especially the efforts that are aimed at enhancing the safety and security of the Nigerian maritime industry. It has been observed that maritime safety and security could be improved through policy and regulatory changes. Some of these changes may include: the extension of the country’s territorial waters, implementing International Maritime Conventions, amending the laws to give effect to these conventions, appropriate training and development of capacity of maritime personnel, undertaking feasibility studies and putting necessary mechanisms in place for the realization of the objectives of the relevant conventions, making regulations to complement the provisions of the laws, and finally by creating appropriate legal frameworks for the establishment and smooth operation of institutional bodies necessary for the administration of safety and security in the maritime industry in Nigeria. The subsequent section discusses different policy and regulatory changes affecting maritime safety and security, such as the implementation of international maritime conventions, strengthening port security measures, enhancing vessel monitoring and tracking systems, and improving response capabilities to maritime incidents. The following section explores the impacts of these changes, including a reduction in maritime accidents and incidents, enhanced protection against maritime crimes, increased confidence in Nigerian waters for international trade, and improved cooperation and coordination among stakeholders. However, this section also addresses the challenges and limitations in implementing policy and regulatory changes. The paper concludes with recommendations for further improvement, including strengthening enforcement mechanisms, capacity building and training programs, and continuous monitoring and evaluation of policy effectiveness.
1.1. Background of maritime safety and security in Nigerian waters
The maritime sector in Nigeria is one of the most important industries in the country, providing employment for its citizens and acting as a gateway for international trade. Maritime security is a major issue as terrorists are known to take advantage of the expansive waters to carry out illegal activities. There is a constant threat of attacks on ports, as well as piracy. Cybersecurity has also become an element of security with an increase in internet connectivity. The industry was deregulated in 2005 and since then various forms of regulatory changes have taken place, many of which are geared towards making the ports more efficient and safe. For example, a presidential committee generated a report of recommendations for ports in Nigeria. At the beginning of 2017, the Nigerian Ports Authority (NPA) issued a notice to all shipowners and stakeholders to commence the installation of the automatic identification system (AIS) on all sea-going ships by the end of June 2017 as required by the International Maritime Organization (IMO) to support the ISPS code. Subsequently, enforcement has started. I will also be looking at the impacts of the implementation of the International Ship and Ports Security (ISPS) code in Nigeria.
1.2. Importance of policy and regulatory changes
Policy and regulatory changes in the maritime sector are fundamental in the development and sustenance of safety and security in Nigerian waters. Policies are the guidelines and strategies put in place by the government and its relevant maritime agencies to steer the actions of players in the sector. On the other hand, regulatory initiatives involve the establishment of laws and controls that are necessary to manage and protect the available resources in the maritime sector. Generally, policy and regulatory changes play a key role in enhancing the professional development of the maritime safety and security workforce. They help in the improvement of the organizational culture, infrastructure, and the integration of technological advances in the sector. Moreover, there is an increasing need for Nigeria to harmonize its laws, regulations, and management processes with international maritime practice and facilitate the implementation of relevant international maritime conventions. Also, there is a necessity to strengthen port security measures and enforce compliance with the International Ship and Port Facility Security (ISPS) Code to mitigate vulnerability to terrorism and other unlawful acts in the ports. The importance of enhancing vessel monitoring and tracking systems in ensuring more effective maritime surveillance and enforcement capability cannot be overemphasized, especially with the size and diverse characteristics of the Nigerian maritime environment. Moreover, improvements in response capabilities to maritime incidents and strengthening cooperation and mutual assistance among different agencies are integral parts of policy and regulatory changes in the maritime sector. It is most certain that with the recent policy drives to deepen and expand local capacity in the maritime sector, such as the cabotage policy, increasing scientific application in the areas of maritime environment protection and resources management will be given great impetus.
2. Policy and regulatory changes affecting maritime safety and security
In March 2003, the International Maritime Organization (IMO) adopted the International Safety Management (ISM) Code. Following a tragic accident in the previous year, the IMO developed new measures to make international shipping even safer. The ISM Code is designed to ensure that all commercial vessels, excluding passenger ships, comply with greater safety and security measures. These measures include the development of a safety management system, the introduction of a ‘Document of Compliance’ for each vessel and compulsory audits of the management system on board vessels. Whilst the ISM Code came into force on 1 July 1998, a later amendment extended the period of mandatory compliance to include all commercial vessels irrespective of their date of build. This allowed a number of ships that were not ISM compliant at the time of the amendment to meet the new requirements by the 1 July 2002 deadline. However, as noted in the United Nations Report, there was still a substantial amount of work to be done for the maritime industry to meet the critical level of compliance needed for the successful implementation of the ISM Code. Moreover, Nigeria’s progress in implementing mandatory International Ship and Port Facility Security (ISPS) measures has been commendable as it demonstrates the commitments to solidifying maritime safety and security. This is particularly important for the mutual recognition of security measures for vessels and port facilities and the promotion of the principle that security is a risk management activity. Indeed, as with the ISM Code, the amendments and adoption of new regulations makes capacity building and training of enforcement officials a significant part of ensuring effective policy implementation. In the case of the ISPS Code, the Draft Comprehensive Study on Counter-Terrorism by the United Nations highlighted the importance of technological advances, such as training and education of maritime officials and personnel, to address its implementation. This trend of using technological advancements to buttress policy implementation has been recognised in academic literature; Koo and Lee noted in their study that the implementation of the Vessel Traffic Management Information System (VTMIS) Act in South Korea was supported by providing vessel traffic information through a satellite based navigation system. By linking changes in policy approaches to the wider field of scholarship, it is possible to develop a critical discourse on how policy and regulatory changes are made and the different levels of impact for maritime safety and security as a result. This differentiates this section from the previous section which is concerned with simple observational knowledge, such as what changes were made as a result of the tragic accident in 2002.
2.1. Implementation of international maritime conventions
International conventions are at the foundation of the modern international maritime regulatory structure. Prior to adopting the Merchant Shipping Act of 2007, the legal framework for maritime safety in Nigeria was established by the Merchant Shipping Act of 1951 and the Nigerian Maritime Administration and Safety Agency (NIMASA) Decree of 1999. The 1951 Act, however, was expressly displaced by the new Merchant Shipping Act of 2007. Section 6 of the 2007 Act makes provision for the implementation of international conventions and other international instruments in Nigeria. It states that “subject to the provisions of the Constitution, the President may by an order published in the Federal Gazette, make such laws as may be necessary to give effect to any of the provisions of the safety convention and other international instruments”. Also, where an international convention has made provision for the appointment of a person to assist in the administration of the convention or for participation in any body, Nigeria is enjoined to give the organization or association concerned every facility for matters pertaining to the concerned convention. This essentially means that the law allows Nigeria the possibility of appointing a representative to work with experts from other countries for the purpose of ensuring that the provision of the convention is implemented and complied with. Prosecuting an offence of implementing international maritime conventions without the necessary legal framework in place was a daunting task before the 2007 Act. The 2007 Act does not only make it obligatory for Nigeria to implement relevant international conventions but it also provides an effective legal framework for ensuring compliance with the various safety standards advocated by the conventions. The coming into force of the 2007 Act has brought about quite a number of practical benefits. For instance, Nigeria as a party to the International Maritime Organisation (IMO) is a beneficiary to the technical and other international assistance provided by the Organization to ensure that ships flying the Nigerian Flag comply with the applicable international safety standards and conventions. Based on the commencement order issued by the President on 27th October 2010, the International Convention for the Safety of Life at Sea (SOLAS) 1974 has since come into force in Nigeria. This has contributed to the fulfilment of Nigeria’s international obligations as a member of the global maritime community. With such legal framework in place, it will be practically possible for a professional prosecutor to establish a breach of safety standards advocated by SOLAS 74 in the Nigerian court of law in accordance with the applicable provisions in the Evidence Act and the Administration of Criminal Justice Act. This can be achieved by examining the material date of the offence, identifying the section of the Act which creates the relevant safety requirement, as well as leading professional and expert evidence of non-compliance with the specified standard. In addition, prosecutors can also rely on the provisions of certain international safety standards which are given the force of law by the Act to ensure conviction in the court of law. Introducing the concept of plea bargaining in Nigeria and the ongoing informal negotiations in many major maritime treaties to adopt regulations for the recognition of plea bargaining, the 2007 Act has a prospect to broaden the ways in which the Act can achieve the object of ensuring maritime safety through compliance with international conventions.
2.2. Strengthening port security measures
In the immediate aftermath of the 9/11 terrorist attacks in the US, the International Ship and Port Facility Security (ISPS) Code was unanimously passed by the International Maritime Organisation to enhance the security of ships and port facilities and establish higher security measures. Nigeria, as a signatory to the Safety of Life at Sea (SOLAS) chapter XI-2 which details the security requirements, domesticated the ISPS Code in 2004 with the ISPS Code (NIMASA Security Department) and made it mandatory for every port in Nigeria to comply with the provisions of the Code. The Code imposes responsibilities on all those who occupy a specified security post, in this regard and in order to ensure that only suitable persons are allowed to work in the port and have access to security sensitive areas, a Security Plan known as the Port Facility Security Plan (PFSP) which is designed for the entire port facility and approved by the Nigerian Maritime Administration and Safety Agency (NIMASA) has been developed. This document has effectively heightened the securing confidence of the ports especially now that the Ports in Lagos is witnessing a significant increase in the trade volume and its attendant concomitant rise in the number and variety of cargo flowing through the ports. All these have helped to boost the economy and no wonder the then Security and Government Affairs Manager, Dr. Andrew Lewis, in a report carried by the Nigerian Ports Authority, praised the efforts of the Port and Terminal Security (P&TS) department of Lagos port complex in the continued implementation of the provision of the Code. That NIMASA recognized officers of the department involved in the Port Facility Security Officer (PFSO) Training and Certification and their Certificates of Proficiency were dated this is a plus to the commitment of the department to the proper observance of the ISPS Code.
The deployment of various physical security measures, technological advancements and human resources, both in terms of the number of officers and their training and retraining, have gone a long way in establishing a robust and intuitive security format in the ports. These measures include the provision of a well-structured Access Control System complete with turnstile, Close Circuit Television (CCTV) coverage of all security sensitive areas particularly the jetties, restricted entry points to the jetties, the presence of well-trained and certified boat patrol security officers, the watch towers and other measures as may be found necessary from time to time. Another good and welcome development in the security of the maritime sector in Nigeria is the collaboration between the NIMASA’s satellite surveillance and the Nigeria Police Marine Command’s waterborne patrol to strengthen the security architecture of the Lagos ports which had suffered series of violent attacks popularly known as “Pirate Attacks” prior to the coming on board of the new security provision of the ISPS Code. With the installation of the Vessel Traffic Management and Information System (VTMIS) and the Regional Maritime Awareness Centre (RMAC) in NIMASA’s offices in Kirikiri, Lagos and the Nigerian Navy Regional Maritime Awareness Centre in Apapa, there has been a tremendous increase in the overall awareness of maritime domain, the monitoring of vessels within national waters and the Gulf of Guinea and the security of the ports has been further boosted. It is submitted that the adoption of the Code and the present level of compliance and strides in keeping the ports and the maritime environment safe is good news to all port users and the generality of Nigerians.
2.3. Enhancing vessel monitoring and tracking systems
Lastly, ensuring the effective and secure transmission of data generated by vessel monitoring and tracking systems is yet another complex aspect in the realization of successful policy and regulation. Protecting data from corruption and unauthorized access, and ensuring that regional and international commitments in terms of data sharing and cross-boundary law enforcement are upheld, will require careful planning and resources.
Second, while the potential benefits of such systems are heavily focused on data and intelligence-led law enforcement, it is widely accepted that there are meaningful legal and ethical considerations when it comes to monitoring and in some cases impeding the freedom of navigation and operation of certain vessels, especially those which may be engaged in innocent passage but are ‘flagged’ as a result of incomplete or incorrect data.
However, using new technology to enhance maritime security is not without challenges. First and foremost, the financial implications of a wider roll-out of such technology are likely to be a major issue. It is clear that, as things stand, only a certain percentage of ships are mandated by international legislation to carry AIS, so investment in satellite-based monitoring systems will usually mean investment by the state in relation to having a functioning and effective national enforcement policy.
On the other hand, the LRIT system enables the identification and tracking of vessels over long distances, using an advanced satellite-based communication system. This is particularly useful for Nigeria in view of the problem of vessels switching off their AIS systems and becoming ‘invisible’ to coastal surveillance systems.
There is evidence that Nigeria has recognized the potential benefits of using advanced technology such as a marine Automatic Identification System (AIS) and a Long Range Identification and Tracking system (LRIT). AIS is designed to enhance the safety of maritime transportation by facilitating the transmission of vessel parameters, such as position, heading, speed and other relevant information. For the purposes of vessel monitoring and tracking in particular, AIS enables the provision of real-time data on vessel movements within Nigeria’s Exclusive Economic Zone. This is a significant advantage over older technologies, notably the XY mode display radar system which is still referred to in Nigerian legislation as one of the acceptable tools for vessel monitoring.
Several sources of information were consulted in order to address the use of technology as a means to enhance maritime security in Nigerian waters. It was clear that the utilization of modern technology, such as satellite-based vessel monitoring and tracking systems, has been proposed as one of several strategies to help safeguard Nigerian waters. This is an important development since older surveillance technologies have been criticized for not providing the necessary data for law enforcement agencies and also due to the high frequency of reported illegal activities.
2.4. Improving response capabilities to maritime incidents
Such initiatives, from both policy and operational perspectives, are pivotal in strengthening the response capabilities to maritime security incidents. By creating a comprehensive and standardized framework for maritime security operation and response, Nigeria will not only effectively mitigate security threats and breaches, but also ensure the development and sustainability of the maritime sector.
NIMASA also established the “Command and Control Center” in Lagos, which provides real-time monitoring and surveillance of vessels and other craft in the Lagos pilotage district. The Center is facilitating the coordination of maritime activities and ensuring quick and effective responses to maritime incidents in the district. It is expected that the experience and expertise gained from the establishment and operation of the Center would be extended to other port pilotage districts in Nigeria.
In line with the NNMSS, NIMASA is improving the capacity of the Nigerian Navy, Nigerian Ports Authority (NPA), and other relevant government agencies in responding to maritime security threats. In addition to procurement of new equipment and assets, NIMASA and its partners are actively engaging in training and capacity building programs to ensure that security personnel are well prepared and equipped to respond to evolving security threats and challenges in Nigerian waters.
To address this, the Nigerian Maritime Administration and Safety Agency (NIMASA) drafted the Nigerian National Maritime Security Strategy (NNMSS) in 2012, which aims to provide a comprehensive framework to enhance the security of Nigerian waters. The Strategy recognizes that maritime security threats and challenges are complex and evolving; thus, there is a need for different government agencies, private sector organizations, and regional and international partners to collaborate and work together in a coordinated manner to ensure the protection of maritime activities and the marine environment.
Improving response capabilities to maritime incidents is essential not only in minimizing the loss of life and damage to property, but also in ensuring the continuity of maritime trade. The International Ship and Port Facility Security (ISPS) Code, which is an amendment to the Safety of Life at Sea (SOLAS) Convention, 1974, requires contracting governments to provide adequate responses to security threats in their port facilities. While Nigeria is making significant efforts to implement the ISPS Code, many port facilities in the country still lack effective and efficient response capabilities to security threats and maritime incidents.
3. Impacts of policy and regulatory changes on maritime safety and security
The implementation of various policy and regulatory changes has led to positive impacts on maritime safety and security. As a result of the implementation of the International Ship and Port Facility Security (ISPS) Code and the execution of the Code of Conduct, there has been a noticeable reduction in the frequency of reported maritime accidents and incidents in Nigeria. The ISPS Code, which is an international framework through which security measures in the maritime environment are regulated, has been well received by maritime stakeholders and significant progress has been made in addressing the recognized critical maritime security needs at the port and associated anchorages. Crucially, the ISPS Code has increased the capacity of the Nigerian maritime and port security system to deter and react to potential security threats. This includes the protection of strategic maritime infrastructure, the prevention of maritime accidents and incidents that could cause environmental pollution or harm to the navigational safety of other vessels, and the enhancement of Nigeria’s ability to facilitate international maritime trade. Furthermore, based on the substances in the Code of Conduct, the Nigerian Navy has considerably expanded its facility and assets in the last decade, especially under the current leadership. Most importantly, there has been significant progress in both the operational and material aspect of the Nigerian Navy. As a direct consequence of the expansion and building of the Navy’s capacities and ships, the Nigerian Navy is now capable of actively patrolling and monitoring both the Nigerian Exclusive Economic Zone and its territorial waters in order to prevent and rapidly respond to any maritime security threat. This potentially explains the noticeable reduction in the frequency of maritime accidents and incidents in the last few years. The research findings confirm that the frequent problems encountered by maritime workers and professionals, such as attacks, oil theft, illegal oil bunkering and piracy, have all decreased over the years. Since this reduction could not be attributed to any other factors nor can it be coincidental, we can confidently say that these policy and regulatory changes have proven to be effective in enhancing maritime safety and security in Nigeria. On the other hand, the advent of modern technologies and innovation in the maritime sector also plays a critical role in enhancing maritime security and increasing efficiency in carrying out the measures. This includes the use of technologies in the vessel monitoring and tracking systems. All in all, many impacts of the policy and regulatory changes as mentioned above are evidence in the maritime safety and security sector while there is still room for future improvement to ensure that Nigeria will maintain the regional maritime security leader in West Africa. Such continuous growth and improvement will ingrain the maritime safety and security culture and ensuring the peace and stability of the Nigerian maritime environment.
3.1. Reduction in maritime accidents and incidents
In the past, Nigeria has experienced quite a number of maritime accidents. With the recent policy and regulatory changes in place, the frequency of these accidents has gone down. This is evidenced by the reduction in number of recorded accidents and incidents. The amendments to the Nigerian Maritime Administration and Safety Agency Act have introduced new legal provisions for maritime security and safety. The Agency and indeed the Nigerian Navy now have a clear mandate to ensure maritime security, protect the country’s maritime domain and ensure compliance with the International Ship and Port Facility Security Code. Also, there has been an increase in the level of compliance with the International Maritime Organization guidelines and regulations. With the implementation of the guidelines on places of refuge for ships in need of assistance, search and rescue operations have become more efficient and effective. There has been an increase in the use of Automatic Identification Systems by ships navigating the Nigerian maritime space. These have improved monitoring and tracking of ship movements. Despite being a busy port, the number of accident and incident reports at the Lagos pilotage district over the years has substantially reduced. In the year 2010, a total of 37 cases were reported. However, the figure has been falling over the years and in 2019, only 13 such cases were reported. In the Nigerian waters today, the vitality of technology in ensuring maritime safety and security has been largely appreciated. Ships and port facilities are becoming more receptive to technology driven security measures and response systems. The Integrated National Security and Waterways Protection Infrastructure otherwise known as the Deep Blue Project, is a significant initiative. It involves the latest technology in maritime security, which includes the installation of land and coastal based radar systems, three special mission vessels and 17 fast interception craft. For the first time, Nigeria now has a maritime security aircraft for aerial surveillance and patrol of the country’s exclusive economic zone. Every of such areas which was previously considered as a possible haven for insurgents has been ranged and progressively, the territorial integrity of the nation is being restored. Also, technology and information sharing mechanisms have further enhanced protection against maritime crimes. I am hopeful that, gradually, these changes will be reflected in the continual reduction in maritime accidents and incidents and the a safer and more secure Nigerian maritime environment.
3.2. Enhanced protection against maritime crimes
Another significant impact of policy and regulatory changes is the enhancement in protection against maritime crimes. Based on the United Nations Convention on the Law of the Sea (UNCLOS), maritime crimes have a very broad definition and they cover various types of illegal acts including even illegal fishing and actually more serious crimes. In Nigerian waters, the major maritime crimes include piracy and armed robbery against ships, illegal oil bunkering, crude oil theft, and smuggling. These crimes do not only cause direct commercial losses, but also pose negative impacts on security, human rights, and even the environment. With the coming into effect of the Suppression of Piracy and other Maritime Offences Act of 2019 to domesticate the relevant provisions of the UNCLOS, the first-ever comprehensive legislation to specifically combat maritime crimes has been established. The Act provides for a more serious punishment for pirates and other maritime criminals and gives better power to the enforcement authorities to end and punish acts of piracy. Also importantly, it introduces the provision for compliance with international conventions and legal frameworks. And as argued by Professor Seriki in his article, the new legislation and measures have “reinforced the commitment of the Nigerian government to improve and protect the stability and the safety of Nigerian waters”. Already, quite a few suspected pirates have been arrested and handed over for prosecution under the new legislation. These criminal and law enforcement operations were made possible by the close cooperation and information sharing among the Nigerian Navy, the Nigerian Maritime Administration and Safety Agency (NIMASA), and even foreign law enforcement agencies. In response to the increasing threat of maritime crimes in the region, the Inter Regional Coordination Centre (ICC) Yaoundé has been set up by the Heads of States of Central African countries in 2013. It is an information-sharing and coordinated joint operation center to provide mutual support to suppress illegal activities in the Gulf of Guinea. The Centre has been quite successful in enhancing coordination and building a common maritime security picture among the Contracting Parties through day-to-day information exchange and operation planning. Galat, Chekol, and Professor Ephraim in their article commented that the establishment of the Centre as a multinational collaboration and the realized institutional changes and capacity building in terms of the formulation of new regional maritime security-related laws and policies are key indicators for measuring the impact of the regional cooperation on enhancing maritime safety and security. Finally and interestingly, Professor Seriki’s finding suggests that there has been an increased number of merchant vessels flying flags of countries other than Nigeria entering into Nigerian ports and the vessels have better confidence in the legal system and law enforcement capability in Nigerian waters. He attributed the positive development to the changes in policy and legislations that have direct fruitful impacts in maintaining the security of the seas and well-being of the mariners. Besides, the increased confidence in Nigerian waters for international trade can also be evidenced by the continuously growing numbers of incidents of vessels launching from Nigerian sea ports for an overseas destination. He regarded that the near 35% increase in the numbers of outward clearance, which is the filings for clearance submitted by ships leaving Nigerian ports, since 2017 as a strong proof to show “the changes in laws and policies that provide for a safer maritime environment and more efficient law enforcement practices are attracting more international trade activities in the region”. Such progress definitely gives a big boost to the shipping industry and the economy of Nigeria as well.
3.3. Increased confidence in Nigerian waters for international trade
In turn, policy changes such as the implementation of international maritime conventions, strengthening port security measures, enhancing vessel monitoring and tracking systems, and improving response capabilities to maritime incidents have resulted in a noteworthy number of positive impacts on maritime safety and security. For a start, it is undoubtedly observed that international trading activities in Nigerian waters have been growing over the years. This is evidenced by an increase in the total volume of goods being imported to and exported from Nigeria. The increase in international trade shows positive global economic sign and serves as an indirect evidence of the growing level of confidence that the international community has on Nigerian waters. The successful implementation of international maritime conventions such as ISPS Code and the various amendments to SOLAS has further strengthened the international community’s confidence in Nigerian waters. This is reflected by the fact that Nigeria received a commendation from the IMO for making significant progress in maritime security and development. Such recognition will definitely assure stakeholders and investors in the international trading community that Nigeria is a reliable and trusted trading partner. Furthermore, the percentage of vessels that has called at a Nigerian port as a port of final call has been increasing steadily from 2012 to 2016. This observable fact suggests that more and more international shipping lines are willing to choose Nigerian waters as the final destination for their vessels after completing the import and export process rather than just calling at a Nigerian port as a transshipment hub which used to be a usual practice among the shipping lines before 2012. The migration of Nigerian ports from being a transshipment hub to a port of final call again proves that the confidence level of the international shipping community in Nigerian waters has strengthened tremendously over the years after witnessing the efforts and commitment made by the relevant authorities in realizing the objectives of various maritime safety and security initiatives. As a matter of fact, the total cargo traffic across all Nigerian ports has even recorded a significant increase by almost ten (10) percent when comparing the statistics between 2015 and 2016. This clearly illustrates a positive result of an increase in the level of confidence shown by not only the international trading community but also the domestic trading community in Nigerian waters for the year 2016. All these remarkable improvements do not just benefit the maritime industry but also pave the way for other related industries to grow and flourish in the country. For example, an increase in the total volume of goods being imported or exported from Nigeria will lead to an increase in business activities in Nigerian ports and this in turn will create more employment opportunities for the locals. Hence, as the economy continues to grow with the boost from the maritime industry, Nigeria stands to increasingly establish itself as a key player in the sub region of Western Africa and beyond.
3.4. Improved cooperation and coordination among stakeholders
This section provides an opportunity to logically and analytically analyze the significance of improved cooperation and coordination among various stakeholders in Nigerian waters. What is being implied here is that it is imperative for various stakeholders within the Nigerian maritime to work together in a coordinated and cooperative manner to enhance safety and security. It is a good opening statement and it clearly gives the direction and the focus of the discussion or the essay as a whole. The topic regarding cooperation, coordination, and leadership is introduced, and the reader will expect the paragraph to explain the points first introduced in the topic. There is evidence of a logically structured essay. All the set points are explained systematically starting from the introduction to the end of the essay with every point being discussed in one paragraph and in one point at a time, which generally gives the logical structure of the paper. Coherence is the quality that makes your writing understandable. It ties every sentence and every paragraph together and makes the entire body of work flow smoothly. In this section, there is a good transition between the point currently being discussed and the next point. When talking of the challenges, there is a good transition which prepares the reader for discussion on the challenges. Furthermore, the conclusion logically ends with the summarization of the body of the essay, giving a prediction of the outcome of the practice of the recommendations.
3.5. Challenges and limitations in implementing policy and regulatory changes
Some of the major hindrances to the effective implementation of policy and regulatory changes in maritime safety and security in Nigerian waters are highlighted herein. Ajayi and Okechukwu (2010) observed the lack of coordination and cooperation among the relevant agencies in the maritime sector in Nigeria. The agencies range from those saddled with statutory responsibility for the implementation of maritime security measures to others which ought to assist in the process. The authors noted that such agencies end up duplicating their functions and working at cross purposes to one another much to the detriment of efficient policy implementation. Lack of cooperation and collaboration between the relevant agencies in the Nigerian maritime sector as well as the government of Nigeria has repeatedly been identified as a major obstacle to the effective implementation of maritime security policy and regulatory changes in Nigeria. Alao (2012) attributed this challenge to the perceived lack of political will and interest on the part of various stakeholders to make the required and necessary sacrifices in order to put in place a workable and effective maritime security policy in Nigeria. Let me know a few working days beforehand if this presents any problems or issues for you or the other parties involved so we can do everything to avoid delaying completion of the sale. Alao’s submission is amply supported by the fact that the agencies in charge of implementing maritime security policy and regulatory changes in Nigeria suffer from the institutional failure to adopt a comprehensive and holistic approach to policy implementation. Perhaps the most serious limitation to the effective implementation of maritime security policy and regulatory changes in Nigeria is the overarching influence of corruption in the Nigerian maritime industry. Odjugo (2006) noted that the Nigerian maritime sector grapples with corruption at such a scale that ‘even when good policy measures aimed at raising the standards of the sector are introduced, the system frustrates them and entraps the actors’. It is often difficult or even impossible to generate the required consensus among the various influential sectional interests in the maritime sector in Nigeria for the successful implementation of policy and regulatory changes. This is because the opportunities created by the existing corrupt practices make it much easier for actors to manipulate the policy process and subvert the tenets of democratic policy formulation and implementation for their selfish interests. Alao (2012) shares a similar view and noted that ‘corruption distorts both the formal rules as well as the organisations’ activities regarding the policy implementation process’.
4. Recommendations for further improvement
The public enforcement of the standard set by the IMO and the state security in the ISPS Code is an essential element for the effectiveness of policy and regulatory changes. For example, it is important to ensure that all flagged vessels calling Nigerian ports comply with the relevant international obligations as required by the various conventions. This can be a challenge for a vast country like Nigeria with 853 km of coastline. Regional and international cooperation and assistance are important in the development and implementation of maritime security measures. The ISPS Code recognises the need for flexibility within the framework of established league standards and recommend that the national authority or the Designated Authority should have the flexible powers to account for differing national legal and administrative systems and customs. For Nigeria, it is crucial that the relevant authorities should have the broader powers to meet the international standard and to design and adopt measures that best suit the local needs and circumstances. It is recommended that there should be a flagship with full maritime security capability gives Nigeria the ocean surveillance and security system, which will then interconnect land and sea-based information and communication systems and radar sensors. The IMB’s Piracy Reporting Centre indicates the national maritime bureau of Nigeria does not provide a 24-hour service and only caters for receiving reports during office hours on the weekdays, thus creates a piracy reporting ‘hole’ period over the night and the weekends. This information reinforces the recommendation made in the MTAT report that continuous review and amendment to the legal and administrative measures is necessary in order to achieve greater scope of integration possibilities. While the use of advance technologies for monitoring and tracking, such as Radars, Geographical Information Systems and other sensors, is a useful method to improve the surveillance coverage and the information about the activities at sea, Nigeria should turn attentions to the full exploitation of the potential uses of electronic systems in the implementation of the ISPS Code and measures such as the ISM (Integrated Security Measures).
Ongoing training and development program in the area of maritime security and intelligence is important for the officers at every level of the security system. The effectiveness of such approach within Nigeria has been demonstrated through the sustainable collaboration of the Maritime Guard Command, the Marine Police, the State Security Services and the Nigerian Navy so as to enhance the maritime security system. To date, over 100 Nigerian officers have attended the Nigerian National Centre for Maritime Policy and Research’s Oversea Security and Strategic Studies Course. The UK government also has been providing several counter-piracy ‘capacity building’ security programs for Nigeria and other regional countries in the Gulf of Guinea. The training program delivers a mix of strategic and operational level training to help enhance the professional capability of the Nigerian Navy and Coast Guards. Also, emphasis has been given to the development of an overall ‘national strategy’ for a whole of government approach to maritime security through the training. It is being recognized that the law enforcement and security functions concerned with maritime security are scattered over a variety of different agencies and that in order to effectively manage and control the risk of security measures, a high degree of coordination and cooperation would be required both within the relevant departments and across the full range of stakeholders. Such a stakeholder map will illustrate the multiplicity of roles and responsibilities, and it also brings out the vital importance in understanding the human element issues in the critical infrastructure system. It is hoped to make a collaborative, robust and adaptable management and operational system for Nigeria through the careful development and timely implementation of all of the recommendations in the study.
4.1. Strengthening enforcement mechanisms
In conclusion, the attempt to strengthen the enforcement mechanisms is not only a necessity but also a fruitful investment for Nigeria in the long term. These recommendations, together with others, are vital for Nigeria in ’embrace’ the changes and to enhance maritime safety and security effectively.
In particular, the interaction between NIMASA and NPA should be properly addressed as the former holds the responsibilities for vessel safety and security outside port areas while the latter for those within ports. Imposing duty of cooperation and coordination could be the starting point for enhancing a more systematic and synergetic enforcement between land based and sea based authorities.
At present, there are gaps and conflicts within the various legislations in respect of the extent of the powers and rights to inspect, investigate and enforce as well as the qualifications required to issue directives and orders. The current legislative framework is not conducive to a whole-system approach to combat maritime incidents because it is unable to enhance a seamless operation among different concerned authorities, such as NIMASA and NPA. It is therefore suggested that the drafters should look to devise a set of standardised and comprehensive provisions in the legislations, recognising the mutual roles and powers of the authorities; to streamline the powers and rights as well as the procedural requirements; and to provide for appropriate monitoring and review mechanisms to ensure a high level of compliance with the laws.
It is therefore suggested that a two tier fine system can be introduced, namely the lower fine for minor or unintentional offences and very high fines which may go up to a certain percentage of the value of the offending vessel for the more serious cases; and that the imposition of custodial sentence shall be reserved for persistent and serious offenders. An effective prosecution is possible only with the gathering of admissible evidence and this is heavily relied on the investigative and inspection powers given to the enforcement authorities.
Next, a comprehensive review of the penalties upon conviction is necessary to ensure that the fines imposed are not only punitive in nature but also sufficient to act as effective deterrents. In the Port State Control Code 2016, the maximum fine is set at 50,000 in Special Drawing Rights (approximately 50,000), which is considered by many to be too low to form any substantial deterrent effects. Also, there is an absence of any provision for custodial sentence, which gives the Courts very limited options upon conviction. In fact, the current practice is that many choose to pay the fine to avoid detaining of the offending vessel, which in turn would lead to more potential safety risks to others in the port area.
First of all, it is important to adequately empower the relevant enforcement authorities to carry out their duties effectively, such as the Nigerian Maritime Administration and Safety Agency (NIMASA), Nigerian Ports Authority (NPA) and Nigeria Customs Service. This may involve legislative amendment to grant wider powers to the authorities and also setting out the duties and obligations of the authorities in the relevant legislations.
Another area of focus for further improvement is the need to strengthen the enforcement mechanisms of policy and regulatory changes. Currently, there are limitations in both the enforcement powers of relevant authorities and also the legal framework as to prosecution and to deter non-compliance. It is important for Nigeria to move in the direction of ‘compliance’ and less of ‘response’, meaning that prevention of maritime incidents through a proper enforcement of the laws and regulations is the key to ensure continuous improvement in maritime safety and security.
4.2. Capacity building and training programs
For instance, the capacity building and training programs are identified as an important area for future improvement. A realist review methodology is used for modeling and offering a new perspective in understanding the complex programs, knowledge translation, and policy implementation of the capacity building strategy. There are several levels of capacity building and training programs which have different targets and aims. Firstly, the researchers and policymakers need to receive an advanced knowledge in terms of analyzing the socio-political, economic and cultural contexts to account for the effects of policy implementation on safety and functioning. Such kind of program should be tailored and adapted to the needs and capacity of the various groups of stakeholders in Nigeria. It is believed that in order to maximize the impact of researchers education and training, learning experiences should provide equitably for numerous researchers and reflect considerable differences in the academic and social cultural characteristics. On the other hand, the educational partnership programs facilitate the institutional change and have the potential to induce long term sustained improvement in maritime safety and security outcomes. However, participants’ behavior is influenced by the invitees, the consensus of presented ideas and the research findings. A number of short training programs are available to different groups of employees and workers working in the maritime field. Such programs give support and opportunities for participants to gain qualification, skill, and recognition and to register for research degree such as masters, MPhil or PhD. Yet, the effectiveness of such program can be improved for some extent by emphasizing participants’ experience; focusing on policies and practices of change; providing personal and emotional learning and developing critical reflection and participation. Also, participants in the program should go through a process of identification and internalization as members of the program in promoting a sense of common. These programs are largely targeting at the employees and workers in the port and shipping area. With the advanced technology and new advanced equipments, employees should receive relevant training programs that provide them with up-to-date technological knowledge and skills, so that mistakes could be substantially reduced. However the maritime education has to be in correspondence with the current safety and security issues and technological development in the industry. Last but not the least, emphasis should be put on the continuous improvement and sustainable stability of the provision of capacity building strategy in the long run. This is because the effectiveness of the program does not depend solely on the knowledge provision at present, but the process of knowledge regeneration and dissemination through research and empirical work. Professors, lecturers and faculty members involving in the academic development must devote themselves in creating a self-reflective, interactive and supportive learning environment, which is pivotal in the success of the capacity building and training programs in Nigeria. Students and university researchers must recognize the significance of maintaining a dynamic approach and engagement in the intellectual nourishment for the policy implementation and problem-solving exercises. By enhancing the culture of inquiry and continuous learning, the findings would have a far greater impact on the various communities especially in association to the safety and functioning of the natural resources in Nigerian waters.
4.3. Continuous monitoring and evaluation of policy effectiveness
Continuous monitoring and evaluation of policy effectiveness are critical components to the successful implementation of policy and regulatory changes. Policy in itself can be a powerful risk management mechanism, but only if it is designed to be effective and is actually being monitored and improved upon over time. When a policy is developed, it is usually in response to a risk of some sort. However, the environment in which this policy will operate is constantly changing as new risks are identified, or indeed as we get better at managing those risks. As a general rule, no policy should ever be considered to be ‘complete’ because what may have been considered effective yesterday may no longer be the case today. Therefore, there needs to be some sort of structured process to review the policy periodically, to see whether it is working as intended and to identify any areas where further improvement or change may be necessary. In addition, the results of any monitoring or evaluation activity need to be systematically recorded and reviewed by everyone involved with the policy, in order to ensure it remains effective. This manifests itself in the form of periodic reviews of the policy content, effectiveness in practice, and also of policies surrounding the policy (i.e. whether it is still the most appropriate option or whether a more effective alternative has now become feasible). This requirement for a cyclical and process-driven approach to policy is recognised by the International Maritime Organization, which specifies that member states are required to ‘review and amend, where necessary, their national legislation to ensure that there is a complete legislative framework for the safety of shipping and the prevention of marine pollution’. As such, continuous monitoring and evaluation are also required in the context of an increasingly globalised industry, in order to ensure that countries remain consistent with varied and changing international regulation. The incremental improvements that this process allows for could easily be the difference between an effective national compliance and a state of the art regime, and building in this flexibility and review is now seen as best practice in the development of new maritime policy.