Author(s): Gabriel E.B. Inyang, Stephen Agi Odey
The introduction of the Nigerian Maritime Cabotage Laws as a product of the desire to encourage Nigerians involvement in shipping trade was planked on a framework. This framework had two arms, the institutional and statutory or legal. A combination of the institutional and enactment gave rise to a body of laws regulating Nigeria’s coastal trade or inland water trade. The said law was enacted in 2003 and called Coastal and Inland Shipping (Cabotage) Act, No. 5 of 2003, Laws of the Federation of Nigeria, as revised in 2007. The coming of the Act brought a new dimension to the business of shipping in Nigeria, with particular emphasis on the four pillars of the Act; that is to say that, ships employed in cabotage business must be built in Nigeria, owned by Nigerians, crewed by Nigerians and registered in Nigeria. But since the implementation of this enactment the objective of this policy has not been attained. Critical examination of the institutions and laws that regulate the cabotage policy is therefore necessary and timely to forestall those factors apprehended before its enactment. It is evident that the institutions are weak and ineffective; the laws are not up to date to fill lacunae existing while implementing the policy. This article is looking at the defects thrown up by the agencies of government given the responsibility of regulating and promoting maritime cabotage in Nigeria. The laws are being examined to see how the lacunae created can be filled while extensively looking at measures necessary for its proper redesigning of the entire legal framework such that the purpose of enacting the cabotage policy for Nigeria can be conveniently attained.