A maritime Lawyer, Barr. Emeka Akabogu has decried the open opposition to the status of the Nigerian Shippers’ Council (NCS) as the economic regulator of the Nigerian ports by the terminal operators describing it as unfortunate.
It will be recalled that the terminal operators under the aegis of the Seaport Terminal Operators Association of Nigeria (STOAN) had dragged the Nigerian Shippers’ Council (NSC) before a Federal High Court sitting at Ikoyi in Lagos over the Council’s circular directing the terminal operators to revert to storage charges as approved by the Minister of Transport as at May 1, 2009, a case which is yet to be ruled upon.
In lecture titled,” Technical and Economic Regulation for Enhanced Port Performance”, Akabogu recalled that the federal government appointed the Nigerians Shippers’ Council (NSC) to perform the role of an interim economic regulator for ports in Nigeria pending the passage of the relevant legislation to aid its job.
He observed that while the NSC had since its appointment in February, 2014 swung into action so as to deliver on its mandate, a lot of open opposition to its role by the terminal operators and shipping companies in the country seemed to mar that objective.
According to him,” this is certainly unfortunate as the NSC’s role is meant to serve the interests of the entire industry including those fighting it”.
Akabogu who is the Chief Executive Officer of Admiralty Resources maintained that a lot had been said and written about the capacity of the NSC to effectively function without enabling legislation reminding the stakeholders that the role which had been thrusted upon the Council was further the executive powers vested on the President of Nigeria which extended to all matters over which the National Assembly had powers to make laws.
Quoting section 5 (1) of the 1999 Constitution of the Federal Republic of Nigeria, he said,” subject to the provisions of this Constitution, the executive powers of the Federation: (a) shall be vested in the President and may subject as aforesaid and to the provisions of any laws made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or Officers in the public Service of the Federation”.
“Section 5(b) of the 1999 Constitution clearly states that the executive powers of the President shall extend to the execution of this constitution, all laws made by the National Assembly and to all matters with respect to the National Assembly has for the time being powers to make laws”.
He thus deduced that to the extent that the National Assembly had the powers to make laws relating to regulation of the ports in Nigeria and that there was currently no law covering economic regulation of the ports, the appointment of the NSC as economic regulator was a valid executive act of the President which should be taken as such.
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