Chart 2 Chart prepared by Author from IMB Piracy Report for 2015, p. 10)
4.9 Domestic legal framework for suppressing piracy off Nigeria
4.9.2 The Nigerian Maritime Administration and Safety Agency (NIMASA) Act 2007
NIMASA is the agency of the federal government of Nigeria established for the regulation of maritime activities and implementation of domestic laws and international conventions relating to the maritime industry of which Nigeria is a signatory to. The Agency can be described as the apex agency of government for the regulation of merchant shipping and is placed under the supervision of the Federal Ministry responsible for Marine Transportation.510
One of the functions of NIMASA is to provide directions and ensure compliance with vessel security measures.511 The NIMASA Act provides for the maintenance of maritime security and establishes the procedure for the implementation of conventions of the IMO and the International Maritime Labour Organisation (IMLO) and other international conventions to which Nigeria is a party to, in the areas of maritime safety and security, maritime labour, commercial shipping and for the implementation of codes, resolutions and circulars arising therefrom.512
From the provisions of the NIMASA Act, the security of the Nigerian maritime domain and the implementation of conventions on the security of shipping generally rest squarely on NIMASA.513 In other words, NIMASA, through its officials, is saddled with the following responsibilities:
monitoring and policing the Nigerian ports and waters, boarding vessels calling at Nigerian ports. In furtherance of its responsibilities, NIMASA,
510) The Nigerian Maritime Administration and Safety Agency Act (NIMASA) 2007, section 2(4), hereafter referred to as the “NIMASA Act 2007.” The Merchant Shipping Act, Cap.
M111, LFN, 2010, hereafter referred to as the “MSA 2010,” section 2 (1) gives NIMASA the power to enforce its provisions.
511) See the NIMASA Act 2007, section 22 (1) (g).
512) Ibid, section 22 (1) (p) (q).
513) Ibid, section 22 (2) (a).
through the instrumentality of PSC, inspect and check both the validity of the relevant certificates and other documents, and the overall condition of the vessel, its equipment, and its crew. It is trite that seafarers are partners in the suppression of piracy. Against this backdrop, NIMASA also ensures that ship owners adhere strictly to the provisions of the MLC, 2006, and other related instruments, in relation to the protection of the rights of seafarers, the promotion of healthy working environment, adequate wages, training and vacation for the seafarers.
4.9.3 Merchant Shipping Act, Cap. M11, Laws of the Federation of Nigeria (LFN) 2010
It must be stated that the agency with the responsibility of implementing the provisions of this Act is NIMASA.514 Thus, MSA 2010 empowers NIMASA to implement any international agreement or convention, including the ones mentioned in the Act, which relates to safety515 and security516 of the crew, the ship and the cargo; the prevention, reduction or control of pollution of the sea or other waters by matters from ships; and civil liability and compensation for pollution damage from ships, to which Nigeria is a party.517 This is particularly relevant in the event of pollution caused by piratical attacks on vessels occurring off Nigeria. Comparatively, the purpose of the enactment of the Ship Safety Act, No. 9446, 2009, in the Republic of Korea, according to article 1, is to protect the life and property of the public by prescribing matters necessary for the maintenance of seaworthiness and safety of navigation. It is contended that a perusal of the Ship Safety Act shows that it contains measures to protect the safety of ships and the
514) MSA 2010, Part I, section 2 (1).
515) Ibid, Part XII sections. 215-216.
516) The provisions of the Act show that ships flying Nigerian flag must register their vessels according to the conditions contained in the Act. Thus, Nigeria does not operate FOC and the process of registration and inspection goes a long way to prevent the use of Nigerian flagged ships for piracy. See generally, ibid, MSA 2010, Part II.
517) Ibid, Part XXIII, section. 335 (1) (a-h).
punishments for the infraction of the provisions of the Act. Similarly, the implementation of the provisions of the Act can facilitate the prevention and suppression of piracy off South Korea.
4.9.4 The Armed Forces Act, Cap. A20, Laws of the Federation of Nigeria (LFN) 2010
The Armed Forces Act518 in section 1 (1) establishes for the Federation of Nigeria “… an Armed Forces which shall be maintained and administered as set out in this Act and comprise the Nigerian Army, the Nigerian Navy and the Nigerian Air Force.”519 The Act charges the Armed Forces with the defence of the Federal Republic of Nigeria’s territorial land, sea and air. The Navy, in particular, is further charged with responsibility for: enforcing and assisting in co-coordinating the enforcement of all customs laws, including fishery and immigration laws of Nigeria at sea; enforcing and assisting in coordinating the enforcement of national and international maritime laws acceded to by Nigeria; and promoting, coordinating and enforcing safety regulations in the territorial waters and the EEZ of Nigeria.520 It is important to emphasis that the Nigerian Navy is relevant in the prevention and suppression of piracy off Nigeria through policing the country’s waters.
4.9.5 The Police Act, Cap. P19, Laws of the Federation of Nigeria (LFN) 2010
518) Armed Forces Act, Cap. A20, LFN, 2010, hereafter referred to as the “Armed Forces Act.”
519) See the 1999 Constitution of Nigeria, section 217(1).
520) The Armed Forces Act, section 1(3) and (4) (a).
The Police Act521 in section 3 creates for Nigeria a police force to be known as the Nigerian Police Force. 522 It further provides the duties of the police.
Under the Act, it shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged. The Nigerian Police Force shall perform such military duties within or outside Nigeria as may be required of them by, or under the authority of this or any other Act.523
In furtherance of its constitutional and statutory mandate to ensure the preservation of law and order and the protection of life and property within Nigeria, the Nigerian Police Force has established a marine department for the purpose of patrolling Nigeria’s internal and coastal waters.
It must be noted that the police have not been effective in carrying out their statutory mandate. This is due to the overwhelming and sophisticated manner with which the pirates carry out their activities, coupled with the fact that the Nigerian police lacks proper training and adequate facilities to effectively monitor activities in Nigeria’s waters. In most cases, the resources in terms of personnel, fund and equipment available to the Marine Unit of the Police are not sufficient to either prevent or repel piratical acts. It is further argued that corruption has also impeded the Marine Police from performing its duties satisfactorily.
4.9.6 Piracy and Other Unlawful Acts at Sea (and Other Related