NSC seeks faster cargo clearance to curb port losses, legal disputes

…as experts call for law to protect terminal operators under concession agreements

The Nigerian Shippers’ Council (NSC) has called for stronger collaboration among regulatory agencies operating at the nation’s seaports to ensure faster cargo clearance, reduce cargo damage and minimise the growing number of legal disputes arising from delays.

The Executive Secretary of the NSC, Dr. Pius Akutah, made the call during a technical session at the ongoing 18th International Maritime Seminar for Judges.

Responding to discussions on the consequences of cargo delays and their legal and financial implications, Akutah stressed the need for agencies operating at the ports to work in synergy to improve operational efficiency.

He acknowledged the challenges confronting Nigeria’s shipping industry, attributing many of them to operational lapses caused by inadequate collaboration among government agencies at the ports.

Akutah said the proposed Nigerian Port Economic Regulatory Agency Bill, which seeks to empower the Nigerian Shippers’ Council as the statutory port economic regulator, would address many of the challenges affecting shipping operations and cargo clearance in the country.

He explained that the annual judicial seminar was designed to strengthen the capacity of judges handling maritime matters and deepen their understanding of the sector.

“We organise this forum to provide legal knowledge to judges who handle maritime cases because the importance of maritime disputes cannot be overemphasised. It also provides an opportunity to identify areas where improvements are needed for the growth of the sector,” he said.

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According to him, one of the recurring issues discussed at the seminar is the timely resolution of maritime disputes.

“No country will attract foreign direct investment if investors have no confidence in its judicial system. Maritime disputes are often time-consuming and expensive to manage.

“One of the objectives of this seminar is to promote alternative dispute resolution mechanisms that will ensure speedy resolution of maritime disputes and boost investors’ confidence in Nigeria’s maritime sector,” Akutah added.

Earlier, maritime lawyer Chineye David called for legislation to protect port terminal operators operating under concession agreements.

She argued that terminal operators are frequently held liable for cargo damage arising from delays caused by government regulatory agencies, despite having no control over the clearance process.

Also speaking, Senior Advocate of Nigeria (SAN), Funke Agbor, advocated the adoption of a more contemporary international convention that offers greater protection to consumers than the Hague and Hamburg Rules currently relied upon in the adjudication of maritime disputes in Nigeria.

She explained that while the Hague Rules of 1924 generally favour shipowners by limiting their liability and providing several defences, the Hamburg Rules of 1978 impose stricter obligations on carriers through a fault-based liability regime.

Agbor noted that under the Hague Rules, a carrier’s responsibility extends only from the time cargo is loaded until it is discharged, whereas the Hamburg Rules cover the entire period during which the carrier has custody of the goods, including before loading and after discharge at the port.

She added that since Nigeria is largely a cargo-importing rather than a carrier nation, the Hamburg Rules provide a more favourable framework, although she maintained that the country requires a more modern legal regime that reflects current realities in the maritime sector.

She also observed that the limited number of judges with specialised knowledge of maritime law contributes to prolonged litigation in the sector.

The Nigerian Shippers’ Council, she noted, has continued to champion initiatives aimed at bridging this knowledge gap while promoting collaboration among stakeholders to ensure faster resolution of maritime disputes.