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Coastal Trade: Nigerian Operators Fall Behind Amid Challenges

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  • Coastal Trade: Nigerian Operators Fall Behind Amid Challenges

The implementation of the Coastal and Inland Shipping (Cabotage) Act is being hampered by the myriad of challenges facing local operators in the shipping sector, ANNA OKON writes.

Cabotage, otherwise known as coastal trade, involves carriage of goods (and passengers) within the territorial and inland waters of any nation by ships and any other means of transportation from one place to the other in the same country.

As part of maritime reforms, Nigeria enacted the Cabotage Act 2003, which was designed to restrict foreign participation in Nigeria’s domestic coastal trade.

The Act makes provision for only ships that are built, flagged and manned by Nigerians to operate in Nigerian coastal waters.

The Nigerian Maritime Administration and Safety Agency had stated that even though the Act reserved the right of coastal trade to Nigerians, opportunities existed for foreign involvement.

But foreign participation in Nigerian coastal waters has overshadowed local participation owing to challenges peculiar to the Nigerian environment.

For instance, 90 per cent of the vessels trading on Nigerian waters are owned, manned and operated by foreign shipping lines, with Nigerian operators managing fishing boats and inland water transport boats that ferry goods and passengers to and from short distances.

The large cargo vessels and oil bunkers are all operated by foreign shipping lines.

The participation of local shipowners in the transportation of petroleum products ended when the Nigerian National Petroleum Corporation became the sole importer of products.

“Local shipping firms are hurting,” The President, Shipowners Association of Nigeria, Dr Mkgeorge Onyung, responded when asked about the fate of the industry in the light of the NNPC monopoly.

He said most of the shipowners had invested money and time in the business, adding, “Some of them borrowed money from banks to acquire those assets and the interest on the loans is increasing.

“When there is no business for them to do, the assets will decay and people will say local operators don’t have capacity. How can they develop capacity when they don’t have business?”

The President, Nigerian Shipowners Association, Aminu Umar, told our correspondent that the NNPC employed the services of foreign vessels to lift its products.

He said the practice was a departure from the past when oil marketers employed local shipowners to ferry petroleum products for them.

Responding to the yearnings of local operators, NIMASA had made several attempts, in collaboration with the Nigerian Content Development and Monitoring Board, to enforce the Cabotage law and increase participation of indigenous operators in the coastal trade.

In 2018, the agency cancelled waivers for foreign seafarers intending to work in vessels operating in Nigerian waters.

In February this year, the Director-General, NIMASA, Dr Dakuku Peterside, said the agency would no longer entertain any form of application for waivers under the Cabotage Act, particularly from oil firms.

Recently, the agency placed an embargo on the importation of cabotage vessels.

But all these efforts have been unable to bring about a significant increase in the participation of local operators in the shipping business.

Challenges facing local operators

Local operators are hampered majorly by finance.

Shipping business is capital-intensive and it would take the involvement of government for operators to build and operate a successful shipyard, according to the Managing Director, Genesis Worldwide Shipping, Capt. Emmanuel Iheanacho.

“The only thing that one would like to see is where the government recognises the critical nature of some of the things you are trying to do and provides a kind of guarantee that can get you the funding you need. When the government stands as a surety, then the financial institutions will have confidence to lend money to the investor.”

According to him, about $10m to $12m is needed to build a 15,000-tonne ship that can sail on a shallow sea with a draft of 6.5 metres.

Iheanacho disclosed that he obtained foreign grant to invest in his refinery and shipping business and the condition for that grant was that he must employ people from the country that gave him the grant.

Most Nigerian operators do not have access to finance, even for acquisition and maintenance of service boats.

This, in part, has resulted in their inability to build capacity and maintain their existing boats.

Our correspondent learnt that some local operators’ contracts were terminated by international oil companies because they did not have functional service boats and often defaulted in the contracts.

The Chief Executive Officer, Marine Platforms Limited, Taofeek Adegbite, highlighted the challenge of operating a shipping firm.

He said, “A vessel is a very expensive thing to maintain. You need to provision monthly. In fact, you must set your day rate per month aside for dry docking and it is simply not money you start running around looking for when you want to dry-dock your boat.

“If you want to dry-dock your boat, you are looking at a million naira a month; that is not money you can call your friends to lend you. You must understand what we are talking about here. It is not meant for the lily-livered.”

Operators had set their sights on the Cabotage Vessel Financing Fund but their hopes had proved futile as they had been unable to access the $124m fund set up to aid them in buying new vessels and maintaining existing ones.

Another challenge has been the shortage of skilled workers in the industry.

The maritime institutions in Nigeria cannot offer Certificate of Competence to seafarers and this necessitated additional training in foreign schools to enable them to obtain the CoC and be employed aboard ocean-going vessels.

As long as Nigerians do not have the necessary qualifications, they cannot be employed on ocean-going vessels, including the ones calling on Nigeria.

The National President, Nigerian Merchant Navy Officers and Water Transport Senior Staff Association, Mr Mathew Alalade, pointed out that if the foreigners were made to stop operating in Nigeria, there may be no indigenous seafarers to take up their jobs.

He said, “We don’t have people to replace these people because our training institutions have not been upgraded to higher level to issue CoC that accommodates all cadres of people on water.

“We must take it easy with the Cabotage law because our schools need be upgraded to issue first-class CoC.”

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

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Economic Downturn Triggers Drop in Nigerian Air Cargo Activities

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Activity in Nigeria’s air cargo sector declined with cargo volumes dwindling across airports in the country.

The decline fueled by a myriad of factors including rising production costs, diminished purchasing power, and elevated exchange rates, has underscored the broader economic strain facing the nation.

Throughout 2023, key players in the sector, such as the Nigerian Aviation Handling Company (NAHCO) and the Skyway Aviation Handling Company (SAHCO), reported notable decreases in their total tonnage figures compared to the previous year.

NAHCO recorded a six percent decline in total tonnage to 61.09 million kg, while SAHCO’s total tonnage decreased to 63.56 million kg. These declines were observed across various services, including import, export, and courier.

According to industry experts, the downturn in cargo volumes can be attributed to the escalating costs of production, which have soared due to various factors such as higher diesel prices, increased supply chain costs, and fuel surcharges.

Also, the adverse impact of elevated exchange rates, influenced by Central Bank of Nigeria’s policies on Customs Currency Exchange Platform, has further exacerbated the situation.

Seyi Adewale, CEO of Mainstream Cargo Limited, highlighted the challenges facing the industry, pointing to higher local transport and distribution costs, as well as the closure of production/manufacturing companies.

Adewale also noted government policies aimed at promoting local sourcing of raw materials, which have added to the complexities faced by cargo operators.

The broader economic downturn has led to a contraction in Nigeria’s economy, with imports declining as a response to the prevailing economic conditions.

Ikechi Uko, organizer of the Aviation and Cargo Conference (CHINET), emphasized the shrinking economy and reduced import activities, which have had a ripple effect on air cargo volumes.

Furthermore, the scarcity of foreign exchange and trapped funds experienced by carriers have contributed to the decline in cargo operations.

Major cargo airlines, including Cargolux, Saudi Cargo, and Emirates Cargo, have ceased operations in Nigeria, leaving Turkish Airlines as one of the few carriers still operating, albeit on a limited scale.

The absence of freighter cargo airlines has forced importers and exporters to resort to chartering cargo planes at exorbitant rates, further straining the air cargo sector.

 

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Point of Sale Operators to Challenge CAC Directive in Court

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Point of Sale (PoS) operators in Nigeria are gearing up for a legal battle against the Corporate Affairs Commission (CAC) as they contest the legality of a directive mandating registration with the commission.

The move comes amidst a growing dispute over regulatory oversight and the interpretation of existing laws governing business operations in the country.

Led by the National President of the Association of Mobile Money and Bank Agents in Nigeria, Fasasi Sarafadeen, PoS operators have expressed staunch opposition to the CAC directive, arguing that it oversteps its jurisdiction and violates established legal provisions.

Sarafadeen, in a statement addressing the matter, emphasized that the directive from the CAC contradicts the Companies and Allied Matters Act (CAMA) of 2004, which explicitly states that the commission does not have jurisdiction over individuals operating as sole proprietors.

“The order to enforce CAC directive on individual PoS agents operating under their name is wrong and will be challenged,” Sarafadeen asserted, citing section 863(1) of CAMA, which delineates the commission’s scope of authority.

According to Sarafadeen, the PoS operators are prepared to take their case to court to seek legal redress, highlighting their commitment to upholding their rights and challenging what they perceive as regulatory overreach.

“We shall challenge it legally. The court will have to intervene in the interpretation of the quoted section of the CAMA if individuals operating as a sub-agent must register with CAC,” Sarafadeen stated, emphasizing the association’s determination to pursue a legal resolution.

The crux of the dispute lies in the distinction between individual and non-individual PoS agents. Sarafadeen clarified that while non-individual agents, operating under registered or unregistered business names, are subject to CAC registration requirements, individual agents conducting business under their names fall outside the commission’s purview.

“Individual agents operate under their names and are typically profiled with financial institutions under their names,” Sarafadeen explained.

“It is this second category of agents that the Corporate Affairs Commission can enforce the law on.”

Moreover, Sarafadeen highlighted the integral role of sub-agents within the PoS ecosystem, noting that they function as independent branches of registered companies and should not be subjected to the same regulatory scrutiny as non-individual agents.

“Sub-agents are not carrying out as an independent company but branches of a company,” Sarafadeen clarified, urging for a nuanced understanding of the operational dynamics within the fintech and agent banking industry.

In addition to challenging the CAC directive, Sarafadeen emphasized the need for regulatory bodies to prioritize addressing broader issues affecting businesses in Nigeria, such as the high failure rate of registered enterprises.

“The Corporate Affairs Commission should prioritize addressing the alarming failure rate of registered businesses in Nigeria, rather than targeting sub-agents,” Sarafadeen asserted, calling for a shift in regulatory focus towards fostering a conducive business environment.

As PoS operators prepare to navigate the complex legal terrain ahead, their decision to challenge the CAC directive underscores a broader struggle for regulatory clarity and accountability within Nigeria’s burgeoning fintech sector.

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NNPC E&P Ltd and NOSL Begin Oil Production at OML 13, Akwa Ibom State

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NNPC Exploration and Production Limited (NNPC E&P Ltd) and Natural Oilfield Services Limited (NOSL) have commenced oil production at Oil Mining Lease 13 (OML 13) located in Akwa Ibom State.

The announcement came through a statement signed by Olufemi Soneye, the spokesperson of NNPC E&P Ltd, highlighting the collaborative effort between the flagship upstream subsidiary of the Nigerian National Petroleum Corporation (NNPC) and NOSL, a subsidiary of Sterling Oil Exploration & Energy Production Company Limited.

The production, which officially began on May 6, 2024, saw an initial output of 6,000 barrels of oil. The partners aim to ramp up production to 40,000 barrels per day by May 27, 2024, reflecting their commitment to enhancing Nigeria’s crude oil production capacity.

Soneye said the first oil flow from OML 13 shows the dedication of NNPC E&P Ltd and NOSL to drive growth and development in Nigeria’s oil and gas sector.

He stated, “The achievement does not only signify the culmination of rigorous planning and execution by the teams involved but also represents a new era of economic empowerment and development opportunities for the host communities.”

For Nigeria, the commencement of oil production at OML 13 holds immense significance. It contributes to the country’s efforts to increase its oil production capacity, essential for meeting domestic energy needs and driving economic growth.

Moreover, Soneye reiterated NNPC E&P Ltd and NOSL’s commitment to operating in a safe, environmentally responsible, and community-beneficial manner.

This partnership underscores their dedication to sustainable practices and fostering positive impacts in the local communities where they operate.

The commencement of oil production at OML 13 marks a pivotal moment in Nigeria’s oil and gas industry, signifying not only increased production capacity but also the collaborative efforts between industry players to drive growth and development in the nation’s vital energy sector.

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