SAA: Parallel Decisions of NASS, Ministry of Transport – Still on the Faith of OMSL
By Dr Eugene Nweke.
Preamble:
During the public hearing on the matter by the joint Senate Committees, the Ministry administrative organ was brought under organizational questioning..
Committee observed from reported proceedings that, the Ministry had earlier issued an official letter, inviting the parties concerned for joint meeting aimed at addressing the issues amicably. The meeting was slated for 9th December, 2019, but within less than 48 hours after the meeting directive, the Nigeria Port Authority issued an official notices as published in the national media, tagged the Secure Anchorage Area an illegal platform and operations, asking the shipowners to stop payment of any form of services to OMSL.
Subsequently, the Hon. Minister of state for transport – Senator Gbemisola Saraki, apologized to the Joint Committee for the administrative mix up and pleaded with the Committee to give her time, so as to observe the said earlier slated meeting and thereafter, report back to the Committee.
Notably, the 9th December 2019 meeting was rescheduled for 16th December,2019.
THE STAKEHOLDERS MEETING:
On Monday 16th Dec.2019, a concerned stakeholders meeting was slated at the conference hall of the ministry of transport by 10am to listen and make useful contributions that will guide the decisions of the Supervisory Ministry on the operational legality quagmire between the Nigeria Port Authority and the Ocean Marin’s Solution Logistics.
Invited stakeholders timely turn up for the morning meeting , but was told that the meeting has been shifted by 2pm, on the excuse that, the Honorable Minister ( Rgt Hon. Rotimi Amaechi) has gone to make a representation at the presidency and will chair the meeting, in place of the Honorable Minister state for Transport , Senator Gbemisola Saraki who was said to be on another assignment.
The 2pm meeting eventually started by few minutes before 4pm with the Hon. Minister Rt Hon.Rotimi Amaechi enterd the hall in the company of all the head of agencies, excerpt for the DG NIWA, and called the meeting to order.
Nigeria Navy whose representatives came during the morning meeting appointment of 10am, was conspicuously absent during the 2pm.
THE MEETING OUT COME:
Both the Honorable Minister and the head of agencies were unanimous and emphatic on their positions over this matter that activities of OMSL is illegal.
After issues were joined, the following summarizes the meeting out come:
a. Irrespective of the M.O.U entered between the Nigeria Navy and the OMSL, and counter signed by the NIMASA, NPA as core witnesses to the M.O.U, that it was done in a previous administration without a Ministerial Approval, talk less of the Federal Executive Council.
b. That the Navy Jurisdictions on water does not technically ( by nautical miles) cover the areas , which the said Secure Anchorage Area is sited.
c. Administratively, Navy have no such powers to enter into such M.U.O without clearance from superior authority.
d. Nigeria Navy had by an official written letter, addressed to the Honorable Minister ( as presented and readout by the Minister), withdrew from the M.O.U, directing the Minister to either cancel the M.O.U or renegotiate.
e. That, the present administration has acquired a much bigger platform to the tone of over $192million at no additional cost to both carrier, cargo owners and Nigerians. Noting that , 80% of the platform supports facilities are on water, and will be commissioned at the beginning of next year.
f. That the so called services rendered by OMSL to Nigeria bond snips using the SAA platform, has an indirect cost component which is being transferred to the shippers in particular and the Masses in general.
g. That the OMSL should vacate the said Secure Anchorage Area, noting that government appreciate their contributions so far and regrets any inconveniences therefrom, hence, its decision to provide a wider surveillance (“Higher Security Mission Platform”) in our international waters, can not be revised.
h. That, the NPA should give the OMSL enough grace period to vacate the area in question.
I. On this note, the existing M.O.U . remains cancelled.
j. The Representative of OMSL left the hall, looking up to the decision of the NASS.
THE NASS DECISIONS ON OMSL – As Reported by Mr Samson Echenim of Business a.m.
The Senate Committee On Finance, Navy, and Marine Transport has absolved maritime security firm, Ocean Marine Solutions (OMS) Limited of any fraud and recommended that the company continue its contractual partnership with the Nigerian Navy on provision of maritime security at the Secured Anchorage Area (SAA) for international ships coming to seaports in Lagos.
The committee presented its report on Wednesday at the plenary and gave recommendations which were reached after intensive consultations, analysis of presentations and submissions.
The committee found that “the Nigerian Navy are currently in deficit of about 150 patrol boats that would help it in checkmating the insecurity in the Nigerian sea and ports; and that two out of the three patrol boats given to the Nigerian Navy by the Nigerian Ports Authority (NPA) through NIMASA in 2014 to enhance security presence in the ports are dysfunctional.”
It therefore recommended that “the Nigerian Navy, the Nigerian Ports Authority and NIMASA, should be commended for initiating and implementing a process that led to the provision of enhanced and advanced maritime security at the SAA in the Lagos waters in 2013 that has led in
checkmating the high rate of attacks on vessels waiting to berth at the Lagos ports.”
The committee said OMS should be commended for its genuine national interests in investing over $400 million into the SAA in particular and the Nigerian waterways in general by providing the needed platforms and logistics for the Nigerian Navy toeffectively perform 24/7/365 patrol operations as well as to provide the required protection for vessels waiting to berth at the Lagos ports.
The committee said, “Since no fraud is found in the operations of the OMSL and is operating at no cost to government, OMSL should be allowed to continue its operation at the SAA until such a time when a better and more cost effective system is put in place.
“That the Nigerian Navy should be properly funded to enable it procure needed vessels to clear the over one hundred and 150 vessels deficit to enable them carry out their constitutional responsibilities without over depending on Private Maritime Logistics Support Companies (PMLSC),” the committee concluded.
WHAT NEXT?.
Now that issues are joined, two parell decisions taken by two national authorities, the question on the lips of stakeholders is, “What Next?”.
Will the OMSL go on with its daily operations of providing services to Ship owners at the Secure Anchorage Area as approved by the Legislature?. Or
Will the Nigeria Port Authority on behalf of the executive arm of government , rescind or make mean its decision ?.
It is not overstatement positing that, the OMSL & the NPA jurisdiction saga is a serious taste case of the effectiveness of the nations devolution of powers as enshrined in our constitution.
At any case, it is advisable for the National authorities to look deeply on this typical issue with a high sense of reasonability and responsibility.
Maritime Industry and related issues is always on the global watch , attention and interests our actions and inactions is often reflected on our global rating and performance index.
The Government has a right to boost its maritime safety and security surveillance for an overall national objective , but government has a duty to respect agreements entered on its behalf directly or indirectly.
Above all, operational engagement can be reviewed and renegotiated with a greater intent to enhanced safety and security coverages of our territorial waters.
Again, agencies of the government should exercise cautions in discharging its constituted functions, being mindful of not subjecting private investors or government into a redicule. Government must not only be responsive but must at all time be seen to be highly responsive and responsible.
Dr. Nweke is former President, NAGAFF..
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