Stop Repeal Of Shippers’ Council Act Now, Maritime Group Tells Legislators
By Frederick Wright
The legislators have been urged to immediately halt the plans to repeal the Nigerian Shippers’ Council Act (Cap.133 LFN 2004), arguing that the move would throw the Nigerian Shippers into confusion.
Recall that the Federal House of Representatives Committee on Shipping Services has slated a public hearing for Monday 27th May, 2024, holding at the conference hearing room 034. The aim is to repeal the Nigerian Shippers’ Council Act (Cap.133 LFN 2004) in place of a new Agency.
The stakeholders, under the aegis of Maritime Advocacy Foundation (MAF), described the move as undue disregards and negation of the Nigerian shippers via a legislative enactment excesses.
Head of Publicity, MAF, Dr Eugene Nweke, during a press conference in Lagos, said the shippers are the “hen that lay the golden eggs in transportation” hence the need to get them protected from undue exploitations.
“Shippers are the reason job creation thrives evenly across the globe. The nomenclature known as import and export data are purely the making of the shippers.
“By global recognition, international conventions have been severally reviewed to cushion the transport intricacies between the ship owner(shipping lines) and cargo owner ( shippers). The established slogan of the World Trade Organizationis is to the effect that trade has become the instrument of promoting global peace not just economic activities. In this regard, the respect and interests of the shippers is paramount,” he said.
He emphasized that without the shippers no freight markets and without freight markets no transport activities across modes.
He said apart from the provisions of the shippers rights in the Marine Insurance Act of 1909, three principal international surface transport conventions have evolved over the decades to streamline interests between the ship owner and cargo owner. These are: The Hague and Hague- Visby Rules and Hamburg Rules to cover all forms of sea transport, the Contract of international carriage of goods by Road – CMR Convention for road transport and the Convention Relative Aux Transports International Ferroviares – CIM/COTIF Convention for rail transport.
“In essence, these conventions address the shippers’ scope of documentary requirements, application, obligations, rights, compensation, insurances, liabilities, among others,” he stated.
In the international stage, he said the World Shipping Council (WSC) focuses on issues affecting the liner shipping industry, it’s also redirecting its focus on ways to improve maritime security and support the establishment of a global environmental standards for the shipping industry. Similarly, the Universal Shippers Council (USC) focuses on issues affecting shippers across international frontiers, especially protecting both their rights, cargo and financial investment/transaction interests, among others.
According to him, “Shippers’ Council in other West and Central African countries are involved in cargo sharing, which is not the case in our dear country, rather our Shippers’ Council takes care of Shippers’ interests.
“The Decree of 1978 clearly focused on the protection of shippers interests in Nigeria. This decree today is represented as Nigerian Shippers Council Act ( Cap. 133 LFN 2004).
“Ten years after, in a further reaction of the government, it evolved a National Shipping Policy Decree of 1987, which focuses on the protection of ship owners interests in Nigeria.
“The Maritime stakeholders then find the two decrees as complimentary and supplementary to each other.
“In 1988, the monopolists went shopping for a supplant of the Shippers Council Act, and a certain publication was sponsored and published in African Maritime Economist of October, 1988, where it canvassed that, “If the Nigerian Shippers Council decree of 1978 was the first legislative reactions of the Nigeria Government to the Code in Nigeria, then the National Shipping policy decree of 1987 has to be seen as a second reactions of government..” invariably suggesting or stating in a subtle manner that, decree 1987 repeals decree 1978.
“Today, in 2024 ( 36 years after) the same armies of occupation ( aka agents of liberal economies) are tacitly propagating for a repeal of the Nigerian Shippers Council and by extension expressing their long bitterness cum mix feelings against the Nigeria shippers,” he said.
However, MAF categorically stated that, “It would be against the spirit of renewed hope mantra of the present administration to create a Marine and Blue Economy Ministry out of the Transport Ministry without a corresponding establishment to specifically protect the interest of the Nigerian Shippers in the whole transport industry. To say the least, the move to repeal the Nigerian Shippers Council Act (Cap. 133 LFN 2004) is a deliberate insult to the wisdom of our nation’s founding fathers”.
The group therefore, called on the ministers of transportation and marine and blue economy to boldly save the interests of our shippers who had over the years sustained job creation in the country in addition to their contributions in revenue generation for budgetary objectives.
According to MAF, the importance of Shippers’ Council is to ensure it provides for and protects the interests of its national shippers such as: protection against unfair trade, unfair competitions and bad business practices; Help at maintaining economic and trading stability, offering advisory and recommendations on informed trade realities and statistics to other relevant agencies.
Others are: Evaluate trading climates and proffer solutions and remedying market failures, protecting the environment and proffer an economic management idealism; Ensuring that infrastructural services are delivered efficiently to the shippers, on the basis of fair competition and satisfactory delivery services to the shippers by the logistics services providers.
Also important are: Identifying the least factors impeding cost of production and quality services in the chain. It also ensures the identification of suitable services that shippers want or require in every sub chain.
“Possessing a legislative oversight jurisdiction to monitor and enforce compliance by other agencies via prompt consultation and professional engagements.
“Offer advice and information of general character on duties. Collect, analyze and publish trade related activities statistics, data and forward recommendations and position statements to the appropriate agency and quarters for the purpose of upholding compliance and thus protecting the interest of the shippers” he stated.
Nweke said these objectives, among others, are what the Nigerian Shippers Council has kept fate with, for over 36 years.
“And today, the best form of appreciation, is to repeal its Act for some undisclosed intents.
“We are resisting this clandestine move to repeal the Nigerian Shippers Council Act (Cap 133 LFN 2004), and by extension support calls to protect our ever hard working and innovative Nigeria shippers like other countries do. Let’s counteract the activities of the army of occupation in high places,” he stated.
