Operators
blame NIMASA, NNPC, fault cabotage law, others
Scores of
Nigerian vessels are currently lying idle and rotting away on the high sea due
to a shortage of cargoes or lack of maintenance.
On a tour of
the Lagos waters, The Guardian saw many of the ships permanently anchored, and
scattered on the high sea around the Apapa pilotage. Experts classified them as
abandoned vessels; wrecked ships; sneaking ships, and waiting vessels.
The
abandoned vessels threaten the safety of incoming ships. The wrecks are also a
huge loss to the maritime industry, which is currently struggling to gain
strength on flag carriers.
It was
learnt that operators of the affected ships are facing financial challenges as
they could not gain access to the over $100million Cabotage Fund, which is
being managed by the Nigerian Maritime Administration and Safety Agency (NIMASA).
Besides, a
particular section of the Cabotage Law, which is meant to protect the
indigenous ship owners, is allegedly being used to favour foreign vessels as
government grants waivers at the expense of local operators.
Section 4
sub-section 15 of the Cabotage law states: “Upon application for a licence by a
person resident in Nigeria, acting on behalf of a foreign owned vessel, the
minister may issue a restricted licence for the foreign owned vessel to be
registered for participation in the coastal trade, where the minister is
satisfied that:
“The foreign
owned vessel is eligible to be registered in Nigeria; the owning company of the
foreign vessel has a representative office in Nigeria; all applicable duties,
levies and tariffs imposed by the relevant authorities applicable to foreign
vessels with respect to its participation in the coastal trade have been paid.
“The foreign
vessel possess all certificates and documents in compliance with international
and regional maritime conventions whether or not Nigeria is a party to the
conventions and that such certificates and documents are current and valid; and
the foreign vessel meets all safety and pollution requirements imposed by
Nigerian law and any international conventions in force.”
Some of the
ships were, however, linked to the failure of the Nigerian National Petroleum
Corporation (NNPC) to prioritise local vessels in its crude oil lifting
contracts.
An industry
expert and a master mariner, Ayodele Johnson, told The Guardian that most of
those vessels lying idle on the high sea belong to Nigerian ship owners.
“Some of
them are not up to the required standards; others are just being parked there
because they are no more working. What led to this situation is that most of
them are not being given opportunity to carry local consignments.
“There is a
clause in the cabotage law that allows foreign vessels to come in and pay for
waivers and they are allowed to operate. So, what they do is to take a few
Nigerians aboard the vessels, take them to Port Harcourt and back to Lagos and
pay to NIMASA and they are allowed to do local feeding without using our own
vessels,” he said.
According to
Johnson, “Some of those vessels are also not in good condition. They just
parked them there. NIMASA knows they are supposed to protect Nigerian shippers,
but what they are after is money, because they pay in foreign currency and that
is what is killing our industry,” he said.
But the
President of Ship Owners Association of Nigeria (SOAN), Greg Ogbeifun said none
of the abandoned vessels is owned by any member of the group.
Another ship
owner, who prefers anonymity, said the abandoned vessels were rickety and could
sink at any moment because they have exceeded their lifespan and the owners
have decided to abandon them. They have become damaged beyond maintenance and
repairs.
Ogbeifun
alleged that some of the vessels sneaked into Nigerian waters to perpetrate
illegal business activities, and such ships are anchored amidst wrecked ones
for cover-up pending when time is ripe for their illegal deals.
“For the
abandoned ships, most of the owners may be looking for buyers because Nigeria
does not have capacity for scrapping. Scrapping is the official way of
disposing ships, by disintegrating the components and reselling them to various
prospective users who find them useful for their own operations. That is what
some advanced countries such as India are benefiting.
“When you
have a ship and is going aground, you will submit the name to ship breakers.
They will disintegrate it and resell the components to those who will find them
useful. At the end of the day, such owners will still be able to save a
substantial amount of money from scrapping,” he said. According to him, Nigeria
does not have ship breakers because of the tough procedures.
Some of the
ships are said to belong to the Pioneer Chairman of the Indigenous Ship Owners
Association of Nigeria, (ISAN), now Nigeria Ship Owners Association (NISA),
Chief Isaac Jolapamo who confirmed having about three of the ships. But he said
the vessels were neither wrecked nor abandoned, only awaiting servicing and
reclassification.
The maritime
icon said Nigerians should change their ways of doing things in order to
encourage private investors in the country. He linked the vessels’ ordeal to a
failed contract by NNPC on crude oil lifting, alleging that the Federal
Government discourages private investors though “unfriendly business policies”.
The
President, National Council of Managing Directors of Licensed Customs Agents
(NCMDLCA), Lucky Amiwero said: “The problem we are having in the country is
that most of the agencies that are supposed to be responsible for engineering
those ships are jumping up and down from one seminar to the other. The core
function of NIMASA is to make sure that those ships are working. There are
provisions in the laws that are very clear. There are three instruments; the
Cabotage Act; Local Content Act; and the NIMASA Act. NIMASA is actually
supposed to have quick expansion programme.
“In the
Cabotage Act, we have indigenous operations and in the Local Content, there is
need for NIMASA and Cabotage Act to work together. In all these things, you
will still see Nigerian operators suffering because the core function of NIMASA
is not being implemented. It’s very clear,” he said.
The Cabotage
Fund, derived from two per cent deductions from every contract awarded, was
meant to help boost the capacity of indigenous ship owners and provide the
needed capital for them to acquire vessels.
The
spokesman for NIMASA, Isichei Osamgbi, said the agency was not pleased with the
situation, hence it directed the owners of the wrecked ships to remove them or
face strict sanctions.
Osamgbi
referred to a recent advert and a press statement, which quoted the Director
General of the agency, Dakuku Peterside, to have said “it is instructive to
ensure that our waters remain safe for navigation in order to advance our
maritime interests.”
He warned
that all abandoned ships would be declared as wrecks and the agency would
ensure that nothing impedes safe navigation in Nigerian waters by removing
them.
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