Introduction

The operation of private jetties in Nigeria has elicited serious concerns from stakeholders in the shipping and maritime industry in recent times. This is due to the continuous proliferation of unlicensed jetties scattered across the Nation’s waterfronts with attendant economic, security and safety implications. 

According to reports, there are about 276 jetty facilities dotting Nigeria’s waters. Just a few days ago, the President of the Nigerian Importers Integrity Association (NIIA) sounded an alarm over the activities of unlicensed jetty operators on the Kirikiri channel who have turned their facilities to container terminals from where hundreds of empty containers are loaded unto barges and shipped out of Nigeria to the ports of neighbouring countries, especially to Cotonou and Lome. It is believed that the operation of these unlicensed facilities is responsible for illicit arms smuggling and other forms of economic sabotage resulting in enormous loss of revenue for the Government and high security risk exposure.

To curb this menacing development, the Presidential Standing Committee on Private Jetties under the Federal Ministry of Transportation was inaugurated to look into the ugly situation and proffer adequate recommendations. The first compendium of the activities and data resulting from the work of the committee since its inauguration about 17 years ago was presented to the Minister of Transportation, Honourable Chibuike Amaechi, on 31st January 2022. The Minister has made it clear that no private jetty should operate in the country without proper authorization from relevant government agencies. This is amidst reports making the rounds that the alleged illegal activities going on at some of the 276 jetties across the country is due to multiple regulatory authorities set up for the licensing and monitoring of the functions of these facilities.¹ In this article, we examine the legal and regulatory framework for the operation of private jetties in Nigeria.

Applicable Law and Regulatory Framework

There are two legal and regulatory regimes governing the operation of jetties in Nigeria, also known as piers. The first regime relates to jetties in a port or in the approach to a port. The other is with regards to jetties on the inland waters. Statutorily, the Nigerian Ports Authority (NPA) and the Nigerian Inland Waterways Authority (NIWA) are the two regulatory authorities saddled with the responsibility of administering the operation of jetties in Nigeria including, the issuance of licenses for the erection, alteration, extension or removal of jetties. While the NPA is established by the Nigerian Ports Authority Act (NPA Act)² , NIWA is established by the National Inland Waterways Authority Act³ (NIWA Act)⁴ . The NPA is responsible for the administration of jetties in ports or approaches to ports, while the NIWA is responsible for jetties on inland waters.

It is important to note that under the NPA Act and the NIWA Act, the terms “piers” and “jetties” are used generically. The NPA Act, for instance, defines a “pier” to mean “a pier, wharf or jetty of whatever description and includes any pier, wharf or jetty erected on or extending beyond high-water mark or ordinary spring tide or extending into the waters of any navigable channel and also includes any pontoon moored in any such waters and used as a pier, wharf or jetty”.⁵ On the other hand, the NIWA Act defines a "jetty"  to mean “a jetty, pier, wharf of whatever description, including a jetty used as a floating dock, stationary or mobile dock, wharf or pier erected or extending beyond high water mark or ordinary spring tide, and pontoon moored within the inland water system used as a jetty, wharf or pier as well as those extended into water of any navigable channel⁶ . In ordinary usage however, jetties are used to protect the shoreline of a body of water by acting as a barrier against erosion from currents, tides and waves⁷. In relation to shipping activities, jetties are used to connect the land with deep water farther away from shore for the purposes of docking ships and unloading cargo.⁸ The term pier and jetty is therefore used interchangeably in this article. 

It appears that the Nigerian Maritime Administration and Safety Agency (NIMASA) also has a general supervisory function with regards to establishing procedures for the implementation of safety and security standards in the operation of jetties at port locations in line with relevant conventions of the International Maritime Organization as well as codes, regulations and circulars made under such conventions⁹. One of such codes is the International Ship and Port Facility Security Code which was adopted by contracting state parties pursuant to the International Convention for the Safety of Life at Sea, 1974. There is however no provision under the NIMASA Act that empowers the Agency to grant licenses for the operation of jetties.¹⁰

Regulation of Jetties in Ports or Approaches to Port – NPA’s Regulatory Powers

The NPA is empowered by the NPA Act to construct, execute, carry out, equip, improve, work and develop ports, docks, harbours, piers, wharves, canals, water courses, embankments and jetties¹¹. In addition, the NPA Act restricts the erection, alteration or extension of a pier in a port or in the approach to a port, except under and in accordance with a license granted by NPA¹². The NPA criminalizes the unauthorized erection, re-erection, alteration, extension, ownership or occupation of a pier in a port or in the approach to a port.¹³ Any person who contravenes the licensing requirement is guilty of an offence under the NPA Act and is liable on conviction to a fine not exceeding N5,000 or custodial sentence for a term not exceeding twelve months or to both¹⁴.

The NPA is further empowered to renew licenses granted under the NPA Act. It may however cancel a license granted under the NPA Act where it is proven to its satisfaction that the holder of the license has breached or contravened any condition of the license or of any applicable regulation. A license issued under the NPA Act may also be canceled if it is proper in the public interest to do so, in which case, the holder of the license will be entitled to reasonable compensation payable by the NPA, unless express provision to the contrary is contained in the license. 

Section 36 of the NPA Act provides that the NPA or a duly authorized employee may remove or cause to be removed a pier in any port or in the approach to any port or any portion of the port or approach and may, for that purpose, enter on any land or pier if -

a) the licensee is required in accordance with any regulation made under section 37 of the NPA Act (on regulations relating to piers) to remove the pier and the licensee refuses or neglects to do so within the time specified;

b) the pier has been erected, re-erected, altered or extended without a license or is owned or occupied without a license;

c) the license granted in respect of the pier has been cancelled under the provisions of the NPA Act; or 

d) the license granted in respect of the pier has expired.

The NPA Act provides that except when the license granted in respect of the pier has been cancelled, the costs and expenses of and in connection with the removal shall all be defrayed by the licensee. The NPA is empowered to recover such costs and expenses from the licensee by commencing an action in any court of competent jurisdiction. This gives the NPA significant powers to ensure the safe and environmentally sound removal of piers.  

The NPA is also empowered to make regulations relating to piers with the approval of the Minister of Transportation.¹⁵ The NPA issued the Port (Pier) Regulations of 1968 (the Regulations). The Regulations set out the application procedure for a license to erect, own or occupy a pier.¹⁶ A detailed prescription of the procedures and requirements for applying and obtaining approval for the construction, extension and operation of piers/jetty under the Regulations and other applicable laws (including the International Ship and Port Facility Security (ISPS) Code and other IMO Conventions to which Nigeria is a party) are clearly spelt out in the NPA Jetty Handbook 2017.

Jetties in Inland Waters of Nigeria – NIWA’s Regulatory Powers

Jetties located in inland waters are within NIWA’s regulatory purview. Section 9(g) of NIWA Act empowers NIWA to issue and control licenses for inland navigation, piers, jetties and dockyards. NIWA is also empowered to approve and control all jetties, dockyards, piers within the inland waterways¹⁷. Furthermore, NIWA is empowered to undertake the construction, administration and maintenance of inland riverports and jetties.¹⁸

It is worth noting that any person who willfully or negligently erects or operates permanent structures of any kind such as gauges, jetties, piers, wharves, slipway, floating or mobile dry-docks within the waterways, without NIWA’s consent is guilty of an offence and is liable on conviction to a fine not exceeding N50,000 or custodial sentence for a period of six months or to both.¹⁹ In the case of a continuing offence, an additional fine or N100 for every day or part of a day that the offence continues is imposed .²⁰

NIWA is also vested with the powers to, inter alia, make regulations for dues, rates and charges for pier licenses with the approval of the Minister of Transportation²¹. Notwithstanding, no such regulation has been made by NIWA. It is expected that NIWA will exercise its powers to formulate appropriate regulations in due course. 

Conclusion

From the foregoing, it is clear that the operation of unlicensed jetties, either in a port or approaches to a port, or in the inland waters of Nigeria is illegal and prohibited. With the presentation of the first compendium of findings by the Presidential Standing Committee on Private Jetties to the Minister of Transportation, there is strong indication that the Federal Government, through its relevant agencies, will adopt tougher measures to curb the menace of illegal jetties in Nigeria. This is necessary to address the adverse economic and security threats inherent in allowing the operation of these jetties without proper regulatory oversight. In the light of this renewed zeal to streamline regulatory efforts, jetty operators must endeavour to bring their licenses up to speed to ensure compliance with applicable laws.

1. https://www.vanguardngr.com/2017/05/illegal-activities-private-jetties-cannot-effectively-monitored-npa-agm/.
2. Cap N126 Laws of the Federation of Nigeria (LFN) 2004.
3. Cap N47 LFN 2004.
4. See section 9(g)(l)(n) of the NIWA Act.
5. See section 127 of the NPA Act.
6. See section 29 of the NIWA Act.
7. https://www.nationalgeographic.org/encyclopedia/jetty/#:~:text=Jetties%20protect%20the%20shoreline%20of,jetty%20is%20called%20a%20pier, accessed on 03/02/2022.
8. Ibid.
9. See section 22(1)(q) of the NIMASA Act.
10. Note that section 27 of the NIMASA Act empowers the Agency to register and maintain a register of every dock worker, seafarer, stevedoring company and seafarer employer, jetty, terminal operators and offshore platforms or terminals.
11. See section 8 of the NPA Act.
12. Section 33(1) of the NPA Act.
13. Section 33(1) of the NPA Act.
14. Section 33(2) of the NPA Act.
15. See section 37 of the NPA Act.
16. Regulation 3 of the Port (Pier) Regulations provide that the Regulations apply to piers in ports or approaches to ports only.
17. Section 9(l)(i) of the NIWA Act.
18. Section 9(n) of the NIWA Act.
19. See section 23(1) of the NIWA Act.
20. Ibid.
21. See section 28(1)(i) of the NIWA Act.