We Now Have Law with Potency to Create Deterrent in Ports Regulation, Says NPERA DG, Akutah

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AKUTAH 4

Dr. Akutah

• Speaks on what NPERA will do differently with current transformation

• We want a sector that is efficient, providing necessary catalyst for economic devt

• But we will not hound people and close down businesses

By Francis Ugwoke

The Nigerian Ports Economic Regulatory Agency (NPERA) has said that the much awaited transformation in the shipping sector has been made possible since the new law establishing it has so much potency to create a deterrent in the regulation of the industry.
Director General of the NPERA, Dr. Pius Akutah, said it will no longer be business as usual in the areas of violations of laid down regulations by either providers or consumers of shipping services.
Speaking to executive members of League of Maritime Editors (LOME) in his office, Akutah, said the new law gives the agency enforcement powers to check arbitrariness.
“Any arbitrary increase that use to happen in the past is now an issue that we can legally enforce, take actions that will involve payment of fines”, he said.
He explained that the difference between the old law and the new law is that the former gave his agency mandate to negotiate with the foreign ship owners on behalf of shippers before tariffs are introduced as against the new law which is mandating the agency to fix tariffs and to also approve them before implementation.
However, Akutah assured that his agency will not be out to hound people and close down businesses because of the consequences to the overall economy.
Responding to the question as to what his agency will do differently with the assent of the NPERA bill, Akuta bares his mind:
“Now, I want to read that law and understand what the law says. So, that it will be easier for you to relate with the law first. And is an easy read. It is not something that you will take and you are not able to understand. SO, if we look at that law, the new thing is that it has potency beyond what the old law had. The old law looked at the mandate as a negotiating instrument, to negotiate with the foreign ship owners on behalf of shippers, to look at the issues of tariff as negotiations. But today, this law is mandating us to fix tariff and to also approve them, so, anybody trying to fix any tariff will have to come, bring that to us and we approve it. It gives us the enforcement powers to enforce compliance with what has been approved. Any arbitrary increase that use to happen in the past is now an issue that we can legally enforce, take actions that will involve payment of fines. And within the law that offences have been created, that person will be prosecuted. There are offences under the law. So, this is a law that has so much potency to create a deterrent in the sector. We are not out to say that this law is going to hound people and close down businesses because it will cause a lot of chaos. We preach the gospel to everybody, let everybody behave in the essence of providing a transparent regime of whatever system, whether tariff. We will set up standards and ensure they are enforced that people play by the rules so that we have a sector that is efficient and is providing the necessary catalyst for the development of the economy. This sector, we cannot play with it, President Ahmed Tinubu knows why he is looking towards the sector and the essence of taking this bold initiative even to sign this law shows that he is committed to diversifying the economy from oil to non-oil. And this sector is very critical to that, so, a lot of things will change. But these changes will be communicated to the public so that we are all on the same page. So that no surprise, so that we don’t spin surprises by waking up tomorrow and you see us shutting down businesses. No. Under the provisions of the law, the law is potent , yes, it has given us the mandate to do a lot, but a lot that will need to be done, we will do it piece-meal, gradually, people will come to the knowledge about what the law says. They themselves will readjust their structures, will reset their business in a way that will conform with the provisions of the law. And when that period that we set for ourselves for the information to go round, education of the people to understand what the law says is available for them to know what to do, and what not to do, then a full implementation will commence. But by and large, if we implement this law and there is no efficiency in the sector, there is no revenue that is generated in the sector, then it would have meant that the law has not achieved the purpose it is meant . And all of you are here, you will witness the evolving of this law and make your own contributions to the areas you think we are missing out something. We are going to have a lot of stakeholders engagement where we will speak frantically with stakeholders and also take advice from them on some of the areas. If you don’t read it, you may not understand, but if you read it, you will understand”.
Akutah also congratulated the new members of the Executive of LOME led by the President, Mr Felix Kumuyi.
He appreciated the role of members of League in the struggle for the passage of the NPERA bill, adding that they played an important role.
Akutah further pointed out that members of the association still have the role to play even with the current transformation.
According to him, “We are on a policy shift now and when there is a policy shift, it is important for that policy to be communicated effectively to the people, so that they understand what is in there for them. And this is the time when we need each other the most. Because you people have been in the trenches fighting for the enactment of this law. Now, it has come, what do we do with it.
“It is important that you put your hands with us to see that we can quickly move to the implementation stage for the good of the Nigerian people.
“We solicit for your support in this regard as one family. There are lots of expectations from Nigerians on what is going to be done differently.
“We are very hopeful that with this new law, we have become proper revenue generation agency that they have always thought we are. It is not about only us, it is about everyone that is involved. If anything can skip us, we can pick it up from you and at the end it will be for the good of all. It is our duty now to be an impartial arbiter that is looking at the interests of all services as providers and consumers. We are no longer a one-sided organization that is for the interest of shippers alone, but the interest of everybody and see how this symbiotic relationship will function transparently. We will ensure we harmonize price regimes. In Nigeria , things go up and never come down. We will look for ways that price of tariffs can on their own go up and come down giving the realities of the market.
Kumuyi had during the visit congratulated the DG and his management team on the assent of the NPERA by President Bola Tinubu.
Kumuyi noted the achievements so far recorded by the DG since he assumed office in 2023, and his efforts in ensuring that the NPERA bill was signed into law.
He expressed optimism that the ports sector will even do better with the current transformation and those driving it in NPERA.
Kumuyi while pledging the readiness of his association to collaborate with the agency, informed the DG of the forthcoming seminar being planned by the League which focus is centred on the organization following its new empowerment.

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