FG Reaffirms NSC as Ports Economic Regulator Pending NTC Take Off

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* Settles rivalry between NSC, NPA, clears regulatory status
By Francis Ugwoke
What could simply be termed as a cold war between the Nigerian Ports Authority (NPA) and the Nigerian Shippers’ Council (NSC) over the years was at the weekend laid to rest.
This followed the intervention of the Ministry of Transportation which defined, cleared and affirmed the status of the two agencies at a forum with industry stakeholders.
The Permanent Secretary of the Ministry of Transportation, Dr Madgalene Ajani at the weekend conveyed federal government’s affirmation of the status of the NSC as the ports economic regulator until the establishment of the National Transport Commission (NTC).
Ajani who represented the Minister of Transportation, Alhaji Mu’azu Jaji Sambo on the occasion said while the NSC remains the ports economic regulator, the NPA remains the technical regulator.
She also said that the NSC’s mandate would henceforth be reflected in the ports concession agreement during any review of subsequent agreement.
She recalled that ports activities were at the lowest ebb of inefficiency and needed to be turned around to increase cargo dwell time, adding that it was for this reason that the NSC was appointed as regulator to address these challenges.
She said that NSC was by the appointment expected to create an effective regulatory change at the ports for the control of tariffs, rates, charges and other related economic services by the virtue of its position.
She made it clear that the Council is covered by “the virtue of economic regulatory order No 34 of 2015 issued by the President in pursuant to section 5 and 145 of the 1999 constitution as gazette”.
She enjoined both NSC and the NPA to work together, while also calling on stakeholders to give them the necessary cooperation.
The Perm Sec added that the Ministry has been looking at some of the committee reports and was trying to implement some of the suggestions raised in the past to bring out the best option.
She noted that the two agencies (NPA and NSC) have already started having a good relationship, adding that synergy remains the best to move the industry forward.
She called for the sustenance of the collaboration among the two, as well as support of stakeholders.
“I am glad that the children you use to know fighting publicly are now working together.
“It is noteworthy that prior to the appointment of the Council as interim port economic regulator, there was no known authority saddled with the responsibility of checkmating the commercial activities at the port. I also want us to note that while NSC is the port economic regulator, the Nigerian Ports Authority remains the technical operational regulator.
“This is very key so that we understand the distinct role between the two agencies and stakeholders give their support and cooperation to them. Having realized that these two agencies are working within the mandate of the Law of Nigeria, we therefore advised all those in court to have a rethink for us to enable a good progression in the marine ecosystem and deliver the Nigerian economy of our dream.
“Consequently, the council’s port economic regulatory mandate and roles should be reflected in the Port Concession agreement under review and other subsequent agreements. In line with the sub existing order, on the port economic regulation, as issued by the President of the Federal republic of Nigeria, I hereby reaffirm that the NSC remains the interim Port economic regulator in our nation’s ports pending the establishment and operationalisation of the National Transport Commission as an Independent regulatory authority in the transport sector”
The Executive Secretary of the NSC, Emmanuel Jime had in his welcome address said that the target of the Council was to ensure an effective regulatory regime at the nation’s ports.
Jime explained that this was for the control of tariffs, rates, charges and other economic services, adding that the ports economic regulator has been able to ensure moderation on costs, provision of guidelines to check arbitrariness in the ports.
Former President of the ANLCA, Prince Olayiwola Shittu had in his contribution noted that the NPA did not have to create bottlenecks for NSC to carry on its responsibilities in the past .
Shittu also said the Infrastructure Concession Regulatory Commission (ICRC) should be blamed for all the problems being faced by freight forwarders at the ports after concession.
He argued that it was not about setting up committees as government has been doing but implementing the recommendations of the committees.
The Managing Director of the NPA, Mohammed Bello Koko said the NSC as ports economic regulator has been seen over the years as making impact in the ports industry.
Bello Koko who was represented on the occasion by the General Manager, Legal Service, IG. Umar said the NSC came to the industry as regulator when it was ‘tightly parked’ yet has made impressive impact.
Noting the support the NSC has continued to receive from the Ministry, he said the NSC must continue to grow.
He said the NSC’s mandate should not just be regulatory alone but also work towards competitiveness.
He reminded shipping service providers who declined making comment in respect of the case between the council and service providers as the matter was in court to also know that apart from the matter being in court, there is a regulation in place.


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