The Nigerian Ports Economic Regulatory Agency (NPERA) can now impose tougher penalties on individuals and companies that breach port regulations, in a move the agency says will strengthen compliance and improve efficiency across the country’s seaports.
Pius Akutah, director-general of NPERA, formerly the Nigeria Shippers Council (NSC), said the new legal framework gives the regulator greater powers to sanction infractions than were available under the previous regime administered by the Nigerian Shippers’ Council.
The new framework provides for a minimum penalty of N500,000 for an individual first offender, while penalties can increase for repeat violations. Corporations can face penalties of up to N20 million, with NPERA able to multiply the penalty where a company continues to violate the law, Akutah said.
‘In the past, there was no such potency in our law, so we couldn’t enforce anything because the penalties were too insignificant to deter any infraction,’ Akutah said in Lagos during a meeting with the Shipping Correspondents Association of Nigeria (SCAN). ‘The aspects of the law on legal enforcement or criminal prosecution for infractions captured in the NPERA law will serve as deterrence,’ he added.
Akutah said the objective was not to disrupt port operations but to establish a regulatory regime in which operators comply with prescribed standards because of the consequences of non-compliance.
‘The idea is not to upset the system and make it chaotic or abnormal but rather to create a deterrent regime through the provisions of the law. With the fear of the consequences, they will play by the rules naturally,’ he said.
The regulator is also targeting greater automation and digitisation of port processes to reduce human interference and make compliance easier.
‘Ours is to set the standards and promote innovations and digitisation of this sector to the point that those standards become very easy for people to maintain,’ Akutah said.
He added that reducing bottlenecks and making port processes more seamless would ultimately lower the cost of moving goods through Nigerian ports.
‘Once these processes are seamless, it will reduce costs on its own. The cost component is very crucial to us,’ he said.
On concerns over multiple government agencies conducting physical inspections at the ports, Akutah said NPERA would not prevent agencies from carrying out their statutory responsibilities but insisted that such activities should not unnecessarily delay cargo clearance.
He said efficient and competitive ports were critical to the Federal Government’s ambition of building a $1 trillion economy by 2030, arguing that the objective should be measured not only by government revenue but also by the expansion of businesses and economic activity.
‘If we are building a trillion-dollar economy, it is not only in terms of the amount of money that government will make but also the totality of the GDP of the economy that will promote that one trillion dollars,’ he said.
Akutah also dismissed concerns over a possible operational conflict between NPERA and the Nigerian Ports Authority (NPA), saying the agencies have distinct mandates.
While the NPA is responsible for developing port infrastructure, including seaports and inland dry ports, NPERA is responsible for the economic regulation of the facilities, he said.
Moses Ebosele, president of SCAN, congratulated the agency on its new mandate and said effective regulation would require clear communication and continuous engagement with industry stakeholders.
‘We believe that effective regulation requires not only sound policies and enforcement, but also clear communication and continuous engagement with stakeholders,’ he said.