Vol.5 No.4 october – december 2017

t for no Sale Contents the voyage team Editor-in-Chief isichei osamgbi

Editor paul agim

associate Editor osagie edward

Contributing Editors Philip Kyanet Obiageli Chuma-Ugbo

Reporters alayaki ganiyu Kumuyi oluwafemi andem anthony Nwaogu Faithwin

Photography Paul Ocheme

Editorial Board in this edition Chairman 04 ceo’s desk 40 The Hague Rules for isichei osamgbi sailing On Cruise Control! Shipowners/Carriers and Cargo Owners/Shippers memberS 05 Editor-In-Chief Victor Egejuru Catching Them Young 46 NIMASA Offers Automatic Emmanuel Alfred Employment To 20 Cadets With Amos Kuje 06 maritime education Distinction Peter AgbamiNoja Growing Capacity by Training Abdulmumuni Idris Seafarers 48 photo News Jude Njoku Obinna Obi 12 NSDP 50 NIMASA Flags Off osagie edward The Journey So Far Sea Time Training for NSDP paul agim (SECRETARY)

14 NSDP 52 ILO Select Kuje, Others as Building Effective Maritime Regional experts on The Voyage is a publication of the Security Towards Compliance mlc, 2006 Convention Nigerian Maritime Administration and with IMO Cyber Risk Safety Agency (NIMASA) Management 53 House of Representatives 4 Burma Road, Apapa, Lagos. Pass Climate www.nimasa.gov.ng 18 Safety At Sea: NIMASA To Change Bill [email protected] Enforce Strict Observance of All correspondence to the Regulations 54 Safeguarding the International Editor-in-Chief, The Voyage 4, Burma Regime On Liability and Road, Apapa, Lagos. +2348033141883 25 Exclusive interview Compensation for Maritime ISSN: 2006-5124 Gambo Ahmed, ED, ML&CS Pollution Damage

All information and opinion contained 29 Exclusive interview 59 health in this publication should not be Bashir Jamoh, ED, F&A Maritime Medical Certificates: construed nor does it represent Purpose, Process and Pitfalls the official position of the agency. 34 Exclusive interview Furthermore, the agency accepts no Engr. Rotimi Fashakin, fnse 60 sports liability whatsoever for any loss or Nigerian Super Eagles damage resulting from opinion, errors 38 photo news Drawn in Group D or omissions affecting any part of the content. theVoyage 2017 q4 03 ceo’s desk from the editor-in-chief

Dr. Dakuku Peterside, Isichei Osamgbi DG/CEO NIMASA Sailing On Catching Them Cruise Control! Young!

am greatly excited to note that The automatic approval of applications that have suffered delay Voyage, has surely firmed up its position as a result of Agencies’ tardiness, communication of findings- of the flagship journal of the Nigerian especially reasons for rejection in good time and 24 hours maritime industry. operations by the ports. he growth of the maritime sector workforce through an innovative knowledge sharing is hinged on the expertise of the human system; The Knowledge Transfer Sessions. I I make bold to say that having In the spirit of the rebranded NIMASA, we have instituted the successfully stabilized the ship and required changes, not only for the purpose of compliance with capacity component of the sector. Also the feature interviews with our Executive determined a viable sailing course, the the Executive Orders, but to exceed reasonable expectations T A vibrant, mobile, efficient sector always Directors as well as contributions by our resourceful Nigerian maritime industry under our watch will be set of our stakeholders, hence attain not only a high level of plan for takeover by the budding editorial team will help bring to the fore the workings to assume a state of cruise control on its pre-determined stakeholders satisfaction, but also their delight. seafarers that would take the mantle of of the Agency’s successful engine room. Reading the pathway. Improved administrative work flows and computerization of leadership from the experienced ones facing retirement. interviews with Mr. Bashir Jamoh, Executive Director, The Oil and Gas sector which accounts for a disproportionate functions and processes of the Agency is another perspective. To attain this key and unique goal, and in line with the Finance and Administration; Engr. Oluwarotimi Fashakin, component of our cabotage operations is gradually emerging To complement this critical move, Staff levels have also been human capacity building and development, Management Executive Director, Operations will give you more than from its deepest depression in close to four decades. Orders buffered to meet the 24-hour service as encapsulated in designed the Nigerian Seafarers Development Programme enough insight into the workings in NIMASA and for oil service vessels are gradually rising as projections for the requirement. We have created a platform for continuous (NSDP) to arrest the dearth of trained and certified why the Agency is creating a worthwhile future for the financial viability of new oil fields improve. engagement by all Agencies and stakeholders to facilitate seafarers in the country to ensure availability of pool the sector; while contributes billions to government It is instructive to note Federal Government’s publications-of an empirical appraisal of progress made. of professionals and future leaders in the sector. revenue just as why it was adjudged one of the most a set of Executive Orders- geared towards reinforcing the In NIMASA, we are prepared to enter the year 2018 with Aside churning out over 2000 cadets trained in the best accountable and transparent Agencies by the Minister ‘Ease of Doing business in Nigeria’ of which the maritime a tingle of excitement knowing that this is the season of institutions across the globe, the NIMASA Management of Finance, Mrs Kemi Adeosun before the Federal industry received considerable attention. Critical elements of crystallization of deliberate and painstaking efforts to has taken it a step further to start creating avenues Executive Council. the referenced orders include the compulsory publication of reposition the industry in the past year and half. We worked for sea time training for these budding youths which We equally took a look at Building Effective Maritime all requirements for accessing services by Federal Agencies, with available statistics and tangible realities to prepare a has hitherto been a challenge threating the progress Security Towards Compliance with IMO Cyber Risk guide called, Nigeria’s Maritime Industry Forecast. This piece of the programme and indeed our sector. Management to take you down the road on what is is to serve as a compass for both local and international words on marble In this edition, we will focus on this great attention being done to further secure the Global Maritme hub. investment in the Nigerian maritime industry. “Our drive for regional collaboration to to human capital development as a conscious effort These and many more you will find in this engaging This optimistic outlook of our industry’s future is clearly enhance safety and security in our terrritorial in recognition of the fact that human capital is the edition of your soar away magazine. shared by our foreign partners as delegations from the United greatest asset and the cornerstone of the Agency’s Bon Voyage waters remain firm as we believe that African States of America Coast Guard and the United Kingdom’s policy initiatives and implementation, which also International Maritime Security Operations Team have countries must cooperate to solve challenges includes the training and retraining of the Agency’s peculiar to the continent. All maritime indicated interest to visit and hold taks with us in the first Isichei Osamgbi nations on the African continent have quarter of next year. We remain fully focused and proactive as we maintain our pilot’s position of the Nigerian maritime our vision our mission comparative advantage in different areas, industry. and only collaboration will ensure that we Its my pleasure to welcome you onboard for another voyage To be the leading maritime administration To achieve and sustain safe, secure, complement each other, thus ensuring that in this journey of ours. Wishing you a prosperous 2018. in Africa, advancing Nigeria’s global shipping, cleaner ocean and enhance maritime goals. maritime capacity in line with global best the maritime sector contributes effectively Enjoy The Voyage! practices towards Nigeria’s economic to the growth of the continent”. development. – Dr. Dakuku Peterside Dakuku Peterside

04 theVoyage 2017 q4 theVoyage 2017 q4 05 maritime education

Some beneficiaries of the Nigerian Seafarers Development Programme (NSDP) Growing Capacity by Training Seafarers

By Victor Egejuru the agency shall, “provide training, instruments adopted by the such as electronic charts and member governments who are parties to, sheltered waters or areas where conduct examination and regulate International Maritime Organisation. information systems. to the STCW Convention. Approval port regulations apply. s part of efforts to the certification of seafarers”. • New requirements for marine is normally given by the Maritime develop human STCW 78 environment awareness training Administration of an STCW Party CERTIFICATES (ARTICLE VI) capacity in the MLC 2006 The main purpose of the and retraining in leadership and in accordance with the Convention • Certificates for masters, Officers Nigerian Maritime The Maritime Labour Convention, International Convention on Standards teamwork. requirements. or ratings shall be issued to those A industry in line 2006 in Article 11(1) (f) defined a of Training, Certification and Watch • New training and certification candidates who, to the satisfaction with international “Seafarer” as “any person who is keeping for Seafarers is to “Promote requirements for electro-technical AMENDMENTS TO THE STCW 78 of the administration, meet standards, the Nigerian Maritime employed or engaged or works in safety of life and property at sea officers. Apart from the 2010 Manila the requirements for services, Administration and Safety Agency any capacity on board a ship to which and the protection of the marine • Updating of competence amendments, there had been other age, medical fitness, training, (NIMASA), has continuously sponsored this convention applies”. environment by establishing in requirements for personnel serving Amendments in 1991, 1994 and 1995. qualification and examinations in the training and retraining of already Title 1, Provides for minimum common agreement international on board all types of tankers, The 1991 amendments relating accordance with the appropriate qualified seafarers in foreign and requirements for seafarers to work standards of TRAINING, Certification including new requirements for to Global Maritime Distress and provisions of the annex to the local institutions on courses that on a ship and this includes:- and Watch keeping for Seafarers. personnel serving on liquefied Safety System (GMDSS). The 1994 Convention. are beneficial to their profession/ • Minimum age of 16 years and if The Convention was amended by gas tankers. amendments were on special training • Certificates for master and Officers employment. As a maritime night work is involved the minimum the STCW Convention and Code 2010 • New requirements for security requirements for personnel on issued in compliance with this administration, it has constantly age is 18 years (Regulation 1.1); Manila Amendments which entered training, as well as provisions to tankers. The 1995 amendment was article shall be endorsed by the conducted examinations for the • Medical certificate issued in into force on 1st January, 2012. ensure that seafarers are properly on minimum standards required to issuing administration in the form award of Certificates of Competency accordance with the requirements Amongst the amendments trained to cope if their ship comes be maintained by parties in order to prescribed in the Regulation of to seafarers. of STCW (Regulation 1.2); adopted, there are a number of under attack by pirates. give full and complete effect to the the STCW. If the language used Under its Nigerian Seafarers • Training and qualifications important changes to each chapter of • Introduction of modern training provisions of the STCW convention is not English, the endorsement Development Programme, it has (Regulation 1.3); the convention and code and the area methodology including distance to ensure that seafarers on board shall include a translation into that sponsored the training of over 2,500 • Seafarers shall not work on a that concerns training and certification learning and web based learning. ships are qualified and fit for their language. young Nigerians in reputable maritime ship unless they are TRAINED of seafarers include:- • New training guidance for personnel duties. institutions around the globe in the or certified as COMPETENT or • Improved measures to prevent serving on board ships operating Article III (Application) of the PROMOTION OF TECHNICAL following areas: otherwise qualified to perform fraudulent practices associated in polar waters; and STCW Convention provides that the COOPERATION (Article XI) • Naval Architecture; their duties. with certificates of Competency • New training guidance for personnel Convention shall apply to seafarers Parties to the Convention shall • Marine Engineering; • Seafarers shall not be permitted and strengthen the evaluation operating Dynamic Positioning serving on board war ships, fishing promote, in consultation with, and • Nautical Sciences. to work on a ship unless they have process (monitoring of parties Systems. vessels, pleasure yachts or wooden with the assistance of the IMO, successfully completed training for compliance with the Convention). All training programmes leading ships of primitive build. support for those parties which NIMASA ACT, 2007 personal safety on board ship (Ship • New certification requirements to issuance of certificates must be The convention defined sea going request technical assistance for: Section 27 (1) (b) of the Nigerian Board Training) for able seafarers. approved. The IMO does not approve ship as a ship other than those which • Training and administrative and Maritime Administration and Safety • Training and certification shall be • New requirements relating to any training courses or institutes. This navigate exclusively in Inland waters technical personnel; Agency Act, 2007 provides that in accordance with the mandatory training in modern technology is a privilege and responsibility of or in waters within or closely adjacent • Establishment of institutions for

06 theVoyage 2017 q4 theVoyage 2017 q4 07 maritime education maritime education

the training of seafarers; with the provisions of Chapter are administered, supervised and CERTIFICATION OF ENGINE serve as Second Engineer Officer. under training and ratings whose • Supply of equipment and facilities III of the Convention. monitored and those responsible OFFICERS (Regulation III) • Have completed approved education duties are of an unskilled nature, for training of seafarers; • CHIEF ENGINEER OFICER: means for the training and assessment • Every officer in charge of an and training and meet the standard shall be duly certified to perform • Development of adequate training the senior engineer officer of competence of seafarers, as engineering watch in a manned of competence specified in the such duties and must have: programmes, including practical responsible for the mechanical required under the Convention, engine room or designated duly STCW Code. • Approved sea going service training on seagoing ships; and propulsion and the operation and are appropriately qualified. engineer officer in a periodically • Every Chief Engineer Officer and including not less than six (6) • Facilitation of other measures maintenance of the mechanical unmanned engine-room on a Second Engineer Officer on a months training experience. and arrangements to enhance and electrical installation of the MASTER AND DECK DEPARTMENT sea going ship powered by main sea going ship powered by main • Special training, either pre-sea or on qualifications of seafarers. ship. OFFICERS propulsion machinery of 750kw propulsion machinery of between board ship, including an approved On its part, the IMO is mandated • SECOND ENGINEER: means the • Deck officers in charge of propulsion power or more shall 750 and 3,000 kw propulsion power period of sea going service which by the convention to pursue engineer officer next in rank to the navigational watch on ships of amongst others, shall have; shall hold an appropriate certificate shall not be less than two months. the aforementioned efforts, as Chief Engineer Officer upon whom 500 gross tonnage or more must • Completed approved education and must have: SPECIAL TRAINING REQUIREMENTS appropriate, in consultation or responsibility for the mechanical have approved sea going service and training of at least thirty (30) • Met the requirements for FOR PERSONNEL ON CERTAIN association with other international propulsion and the operation and of not less than one year as part months which includes on-board certification as an officer in charge TYPES OF SHIPS organisations, particularly the maintenance of the mechanical of an approved training and is training documented in an approved of an engineering watch; • TANKERS International Labour Organization. and electrical installations of the documented in an approved training record book and meet the • For Second Engineer Officer, shall Officers and ratings assigned ship will fall in the event of the training Record Book or otherwise standards of competence specified have not less than 12 months specific duties and responsibilities CLASSIFICATION OF SEAFARERS incapacity of the Chief Engineer. have approved sea going service in the STCW Code. approved sea going service as related to cargo equipment on • MASTER: means the person having • ASST ENGINEER OFFICER: means of not less than three (3) years and • Every Chief Engineer and Second Assistant Engineer Officer or tankers shall have completed the command of the ship. a person under training to must have completed approved Engineer Officer on a sea going Engineer Officer. following; • OFFICER: means a member of become an engineer officer and education and training and meet ship powered by main propulsion • For Chief Engineer Officer, shall • Approved shore based fire fighting the crew other than the master, designated as such by national the standard of competence machinery of 3,000 kw propulsion have not less than 24 months course; designated as such by national law law or regulations. specified by the convention. power or more shall hold approved sea going service as • At least three (3) months of and regulations or, in the absence • RADIO OPERATOR: means a • Every rating forming part of appropriate certificate and; Assistant Engineer Officer or approved seagoing service on of such designation, by collective person holding an appropriate a navigational watch on a sea • For certification as a second engineer officer. tankers; agreement or custom. certificate issued or recognised going ship of 500 gross tonnage engineer officer, shall have not • Completed approved education and • An approved Tanker Familiarization • DECK OFFICER: means an officer by the administration under or more, other than ratings under less than twelve (12) months training and meet the standard of Course. qualified in accordance with the the provisions of the Radio training and ratings whose duties approved seagoing service as competence in the STCW Code. provision of chapter II of the Regulations. while on watch are of an unskilled assistant engineer officer or • RORO PASSENGER SHIPS Convention. • RATINGS: means a member of nature, shall be duly certificated engineer officer. RATINGS Prior to being assigned shipboard • CHIEF MATE: means the officer the ship’s crew other than the to perform such duties and must • For certification as Chief Engineer Every rating forming part of an duties on board RoRo passenger ships, next in rank to the Master and master or officer. have completed not less than six Officer, shall have not less than engine room watch or designated seafarers shall have completed the upon whom the command of (6) months training experience or thirty six (36) months approved sea to perform duties in a periodically training required for their duties and the ship will fall in the event of TRAINING AND ASSESSMENT special training, either pre-sea or on going service of which not less than unmanned engine room on a sea going responsibilities as stated below at incapacity of the Master. Each country shall ensure that: the board ship, including an approved 12 months shall have been served ship powered by main propulsion intervals not exceeding five (5) years, • ENGINEER OFFICER: means an training and assessment of seafarers, period of sea going service which as an Engineer officer in a position machinery of 750 kw propulsion and also undertake refresher courses officer qualified in accordance as required under the convention, shall not be less than two (2) months. of responsibility while qualified to power or more, other than ratings as follows:

08 theVoyage 2017 q4 theVoyage 2017 q4 09 maritime education maritime education

• Crowd management training, to responsibility for the safe and assist passengers in emergency efficient operation of the ship’s situations. main propulsion Unit and other • RoRo vessel familiarization training; vital services. • Safety training (passenger and cargo safety); • MARINE ELECTRO - TECHNICAL • Crisis management and human OFFICERS (METOS) behaviour for emergency situations. Job opportunities and career Crisis management and human progression of METOS who remain behaviour training which is as ETOs often depend on shipping essential for key personnel on company concerned but can often RoRo passenger ships should lead to the position of Chief Electro include;- – Technical Officer, Chief Technical • Human behaviour and responses; Officer or Electrical Superintendent. • Optimizing the use of resources; • Development of emergency plans; • NAVAL ARCHITECTS • Leadership skills; • Engineering and electro – technical necessary skills and academic • Shipboard management; • Thermodynamics; This group usually work ashore • Stress handling; workshops; knowledge which includes safety • Marine Operations; • Further mathematics; mostly in ship design/ship building • Communications. • Survival craft facilities; courses required by International • Command Management; • Marine propulsion (steam); companies and their career path and • Fire fighting centres; Conventions. • STCW Courses: AFF, EDH, MFA, • Marine propulsion (motor); progression is usually determined by OVERVIEW OF CADET TRAINING • Radio communication centre; Phase 2 is the training at sea for GMDLS, NAEST(O), PSC&RB, HELM • Engineering management systems; the concerned shipping company. SCHEMES • Seamanship centre; practical ship board experience where (O); • Resources and advanced marine Officer Cadet training schemes are • Library; the cadets will put their academic • Maritime & Commercial Law; electric; OPPORTUNITIES ASHORE a unique proposition. They provide • IT centre. theory training into practice. • Maritime Issues in the • Naval Architecture; AFTER CADETSHIP TRAINING a fully financed solution to higher Phase 3 involves training, Contemporary World; • Advanced marine electrics; Many opportunities also exist for education. Merchant navy examinations and assessments by • Marine Technology Management; • Further thermodynamics; qualified deck, marine engineering The courses offered by various Merchant Navy is the name given the institution to prepare cadets • Financial Management; • Instrumentation and control and METO Officers ashore. maritime Institutions cover a wide to the International commercial for Certificate of Competency (CoC) • Safety Management; principles; Shipping companies recruit shore range of maritime education and shipping industry. It is made up examinations which is conducted by • Port Operations; • Further mechanics; based marine superintendents and training – from nautical sciences of a large number of shipping the designated maritime authority of • General Ship Knowledge; • Workshop skills training; fleet operations staff from sea going (deck), engineering, naval architecture, companies who recruit civilians as a country and thereafter the CoC is • Passage Planning Skills; • Project management; officers. Harbour authorities recruit electro-technical, sea time training, crew (officers and ratings) who are issued to successful cadets to qualify • Watch keeping and • Research management; experienced officers to train as Pilots, up to certificates of Competency. known as merchant seafarers. as seafarers. Communications; • Professional engineering Harbour Masters and Port Operations These institutions also provide To become an officer in the • Stability and Cargo Operations, management, etc. Managers. a range of short safety courses Merchant Navy, you must undertake SUBJECTS UNDERTAKEN etc. Marine Insurance companies (Mandatory & Non Mandatory) an officer cadet training scheme BY CADETS AT MARITIME LIFE AFTER THE OFFICER require the officer’s skill and to maritime personnel for the programme, which involves academy INSTITUTIONS (OFFICER • MARINE ENGINEERING CADETSHIP TRAINING experience to fill such roles as hull, development of key skills such as fire- backed education integrated with CADETS) • Mathematics; • DECK OFFICERS cargo and machinery surveyors. fighting, sea survival and continuous periods of practical training at • DECK (NAVIGATION) OFFICERS • Marine engineering principles; Newly qualified (Navigation) The National Maritime Authorities/ professional development modules sea. The maritime education and • Introduction to EDH/PSC & RB • Marine electrics; officers will usually join company/ Administration also requires them for more experienced officers. training must be completed in order and EES familiarization; • Introduction to electronics; vessel as THIRD OFFICERS, as surveyors and examiners while Training facilities in the institutions to achieve professional seafaring • Maritime analytical methods; • Mechanics; Undertaking bridge room watch Maritime Colleges/Institutions recruit include:- certification and related educational • Ship operations • Material science; keeping duties and having them as lecturers and assessors. • Bridge, engine & cargo handling qualifications. • Metrology; simulator; Phase 1 of the training of • Cargo operations; • Ship handling centre; 1,000 years is the time taken for the water to complete a continuous officer cadets is designed to deliver • Voyage planning; Maritime Fact journey around the world known as the global ocean conveyor belt.

10 theVoyage 2017 q4 theVoyage 2017 q4 11 discourse discourse

nsdP: The Journey So Far

STATES THAT HAVE KEYED INTO THE PROGRAMME CADETS CURRENTLY IN DIFFERENT INSTITUTIONS AS AT 2017 UNDER THE NIMASA/STATE OVERVIEW Seafarers on ocean going vessels, organisations. The Individual MARITIME INSTITUTION NUMBER OF CADRE / REMARKS COLLABORATION he Nigerian Maritime while countries like the Philippines had contributes 60% of the funds STUDENTS 1. ABUJA Administration and over five hundred thousand (500,000), while NIMASA contributes 40%. SOUTH TYNESIDE COLLEGE, UK/ 2. AKWA IBOM 01 99 CADET Safety Agency and currently earn over seven billion 3. NIMASA Full Sponsorship. Under LIVERPOOL JOHNMOORES, UK 3. BENUE (NIMASA) initiated U.S dollars ($7,000,000,000.00) in this Scheme, NIMASA pays the 02 ARAB ACADEMY, EGYPT 25 CADET 4. BORNO T as an intervention forex inflow from their seafarers entire fees for the Students. 03 CONSTANTA MARITIME UNIVERSITY, 128 CADET 5. EBONYI programme, the employed around the world. Countries So far, the programme has ROMANIA 6. EKITI Nigerian Seafarers’ Development like India, Indonesia and China also approximately 2,200 beneficiaries. 04 LYCEUM OF THE PHILIPPINES Nil Nil 7. GOMBE Programme (NSDP) in 2008, with have their nationals all around the 8. JIGAWA 05 UNIVERSITY OF CEBU, PHILIPPINES Nil Nil the aim of addressing the dearth of world working in the maritime OBJECTIVES OF THE NIGERIAN 9. KADUNA PERPETUAL HELP DALTON UNIVERSITY, Nigerian seafarers on ocean going industry. It is hoped that with the SEAFARERS DEVELOPMENT 06 Nil Nil 10. KANO PHILIPPINES vessels and the need to meet the progress made in the NSDP, Nigeria PROGRAMME 11. KATSINA TOTAL 252 indigenous manning requirement of will soon be among the major players 1. To develop a pool of Seafarers 12. KOGI the cabotage regime. The programme in the global maritime sector. to bridge the gap that currently exists 13. LAGOS was designed to train Nigerian The Programme is made up of in the Nigerian Maritime sector. NUMBER OF STUDENTS THAT HAVE GRADUATED AS AT 2017 14. NIGER youths up to degree level in Marine three schemes; 2. To improve the Nation’s MARITIME INSTITUTION NUMBER OF STATUS 15. ONDO Engineering, Nautical Sciences and 1. Primary window which is overall skill base and encourage the GRADUATES 16. YOBE Naval Architecture in some of the collaboration between NIMASA development of capacity in the sector. 17. PLATEAU 01 ARAB ACADEMY, EGYPT 348 READY FOR EMPLOYMENT best Maritime Institutions abroad to and State Governments. 3. To contribute our quota to 02 SOUTH TYNESIDE COLLEGE, UK 11 READY FOR EMPLOYMENT position them to compete effectively Under this Scheme, the State the global Maritime labour demands. SEATIME TRAINING in the global maritime industry. It was Government contributes 60% 4. To provide Nigerian youths TOTAL 359 The Agency held a Flag-off noted that the number of Nigerian of the funds while NIMASA with the skill set required to gain Ceremony for the commencement seafarers on ocean going vessels was contributes 40%. employment. of sea time training of NSDP cadets whose sea time training is currently The second batch consists of 89 dismal 2. Secondary window which is 5. To boost the Country’s foreign in November, 2017. The first batch being carried out at the Arab Academy NSDP cadets whose sea time training At some point, it was said that collaboration between NIMASA revenue generation in the long term. consisted of the 150 NSDP cadets, for Science, Technology and Maritime would be facilitated this year by South Nigeria had less than ten (10) and Individuals/ Corporate Transport, Alexandria, Egypt. Tyneside College, UK.

12 theVoyage 2017 q4 theVoyage 2017 q4 13 discourse discourse

Building Effective Maritime Security Towards Compliance with IMO Cyber Risk Management

Group Motivation Objective By Capt. Elei Green Igbogi (Ph.D) vulnerable. • Diversion from set course the object of a cyber attack as hackers • Destruction of data Despite the tremendous advantages • Collision successfully took control of the production Activists (including disgruntled • Reputational • Publication of sensitive data employees) • Disruption of operations typical ship is built of the ease of navigation and data, • Property damage or personal injury software and caused significant material • Media attention • Selling stolen data with hundreds of made possible by modern technology, The consequences (safety, economic, damage to the site • Financial gain • Ransoming stolen data sensors and systems electronics, and connectivity, there is environmental) of not being prepared The hackers sent fraudulent emails Criminals • Commercial espionage • Industrial espionage • Ransoming system operability that can be remotely serious concern about the disaster that to mitigate potential cyber incidents “spear phishing” from reliable sources • Arranging fraudulent transportation of cargo • Getting through cyber security defences A operated, though not could be caused by hackers, criminals, may be catastrophic for a company, to recipients - authorized personnel, Opportunists • The challenge • Financial gain all systems are directly terrorists, or compromised personnel, port operator or stakeholder involved obligating the recipient to unknowingly • Gaining knowledge Sponsored organisations • Political gain • Disruption to economies and critical national connected to the to ships’ systems and networks to cause in the maritime business. open an attachment containing a malware. Terrorists • Espionage Internet. However, their automation serious incidents like; Once the file was opened, the malware infrastructure & inter-connected nature leaves them • System override Port of Miami was automatically injected into the sales shore or near navigation hazards could Facility Security Plans as proxy, designed Routine vehicle checks by the Florida software of the plant. From there it have grave consequences to the ship, to secure ports, port facilities, and ships Highway Patrol on July 14th 2014, made its way through the network, personnel onboard, cargo, the shipping to prepare for and deter transportation discovered a reefer truck carrying a while damaging numerous systems company, port operator/ authority and security incidents. stolen temperature controlled cargo. and industrial automation components. the maritime industry players as a whole. The thieves hid a portable GPS jammer Though the Nigerian maritime industry The US Coast Guard Cyber inside the truck to aid them against GPS Hacking of $80 Million Super has not recorded a significant cyber- Strategy tracking by the port authorities/ cargo Yacht attack, a major disruption to ship-port In 2015, the United States Coast Guard owners. In July 2013, researchers from the operations like container stacking (loading/ enacted a Cyber Strategy aimed to: Further investigation by the FBI revealed Austin, Texas University successfully offloading) systems, turn-around time, • Improve Port-Wide Cyber security Risk that the cargo truck was not equipped hacked and hijacked the navigational etc resulting from a cyber breach on any Assessment Tools and Methodologies with any form of GPS tracker, implying systems of an $80 million super yacht, of our automated port facility systems • Improve Cyber security Information that the suspects who planted the jammer sailing 30 miles offshore in international in any port will result to wide-range Sharing thought that there was a tracker secreted waters in the Mediterranean Sea from disastrous impacts to the port operators, • Reduce Cyber Vulnerability for Ships somewhere inside the shipment. Hence Monaco to Rhodes, Greece. Using a GPS port users, government revenue and and Port Facilities they planted a jammer to evade any spoofing device, they successfully gained the economy • Incorporate Cyber security into form of electronic monitoring on the control of the 65-meter super-yacht’s Training and Education Requirements cargo they were stealing from the port. systems and subtly drifted it a parallel Marine Transportation Security In line with international best practices course several hundred meters from its Act 2002 of the USA to address the challenges and risks from German Steel Factory originally set course without triggering Enacted in November 2002 to drive cyber activities, the Hon. Minister for In late 2014, a German Steel Mill was any alarms. implementation on increased security Transportation, Rotimi Amaechi disclosed An attack that could override a sailing within US waterways, coastal areas, that the Federal Government has vessel’s navigational signals, without and ports, using Area Maritime Security approved for an Integrated National Maritime Fact 7 per cent of ocean is covered by sea ice. triggering any alarms, to several hundred (AMS) Plans, Ship Security Plans, and Port Security Strategy (INSS) for the Nigerian meters off course when it is close to

14 theVoyage 2017 q4 theVoyage 2017 q4 15 discourse

Maritime domain, along with countries in website to exploit visitors. working relationships the Gulf of Guinea to combat Maritime Ransomware: Malware which encrypts Review logs on the ship, port facility threat which include cyber terrorism data on systems until such time as the maintenance and support of systems The International Maritime Organization distributor decrypts the information. Establish procedures and measures (IMO) resolution in June 2017 incorporates Scanning: Attacking large portions for ship-port owners/ operators maritime cyber risk management into of the internet or an organization’s Relevant personnel should have the International Safety Management integrated system at random. training in identifying the typical modus (ISM) Code making it mandatory for the Targeted attacks – the company or a operandi of cyber attacks shipping industry. ship’s system & data are the actual target Do not post private and confidential The Committee’s reason for releasing Spear-phishing: Similar to phishing but information, such as your credit card the Guidelines was “the urgent need to the individuals/ workers are targeted with number, password or other personal raise awareness on cyber risk threats personal emails often containing malicious information. and vulnerabilities.” The IMO Guidelines software or links that automatically Install anti-virus software, firewalls, focus on a risk management approach download malicious software. and anti-malware programs on your and are designed to be incorporated Deploying botnets: Botnets are used devices, including desktops, laptop, into existing industry processes and to deliver Distributed Denial of Service smart-phones, tables, etc., that you procedures (DDoS) attacks use to access social networking sites. The Guidelines advocate creating a Subverting the supply chain: Attacking Inspect a link before clicking on culture of cyber risk awareness that starts a company or ship by compromising it. If it seems suspicious, trust your at the most senior level of management equipment or software being delivered instincts and don’t click, even if the link and flows through every level of an to the company or ship. supposedly originated from someone organization. you know and trust. It is possible that The groups above are active and Stages of a Cyber Attack their account was compromised, and have the capacity to threaten the • Reconnaissance could be spreading malware without safe operation and security of ships, • Delivery their knowledge port facilities and company’s ability to • Breach Third party applications provided by perform efficiently. • Affect social networking sites might not have Untargeted attacks – the company Cyber security should start at the senior the same privacy policy or security or ship’s system & data are one among management level of a company and model as the social media site. You many potential targets not the Ship Security Officer or the IT should not allow these apps to have Social Engineering: A non-technical department complete access to your account; technique used by potential cyber Prior to commencement of a cyber your personal data can be stolen attackers to manipulate insiders security assessment on board, the or misused (individuals, workers) to breaking security following activities should be performed: Use strong, unique passwords that procedures (sometimes, unknowingly), Locate the ship’s key functions and only you know. Each account on social through interaction. systems and their potential impact level media should have varied passwords. Phishing: Sending emails or hyperlinks Identify producers/ vendors of critical When posting images, change to a number of potential targets seeking shipboard equipment settings accordingly to ensure they for particular pieces of sensitive or Review logs of critical systems, are private and can be viewed only by confidential information. interfaces people whom you trust. If you delete Water holing: Establishing a fake Identify national and local cyber your account, make sure all data and website or compromising a genuine security points-of-contact to establish pictures are removed.

16 theVoyage 2017 q4 news news

L-R: Dr. Dakuku Peterside presenting theVoyage Magazine, a publication of NIMASA, to the President General, Maritime Workers Union of Nigeria, Comrade Adewale Adeyanju, while the Executive Director Maritime Labour and Cabotage Service, Mr. Gambo Ahmed, looks on L-R: Engr. Umotong Ekong of NIMASA Safety Department, the Executive Director, Maritime Labour and Cabotage Services, of NIMASA Mr. Ahmed Gambo and Mr. T. A. Hoba, Regional Coordinator, IMO Technical Committee for West and Central Africa Anglophone Maritime Labour: MWUN Safety At Sea: NIMASA To Rules Out Picketing Enforce Strict Observance …Commends NIMASA on sustained industrial peace of Regulations he President General roles and responsibilities in ensuring seafarers and dockworkers play in the of the Maritime that their welfare is guaranteed, as life of any nation’s maritime sector and Workers Union of the growth and development of the pledged to deploy resources within …As IMO Commends Agency’s Regional Nigeria (MWUN), sector depends on their participation the Agency’s enabling capabilities to T Comrade Adewale and contributions. support the growth of the nation’s Search and Rescue Coordination Adeyanju has The DG, who further reiterated the human maritime capacity. commended the Management of Agency’s commitment to engaging in “It is heartwarming to note that the Nigerian Maritime Administration meaningful and promising programmes the MWUN leadership have clearly he Director Director Maritime Labour and Cabotage Also speaking at the event, the and Safety Agency (NIMASA) led by geared towards maritime workers stated that maritime workers prefer General of the Services, Mr Gambo Ahmed stated Secretary General of the International Dr. Dakuku Peterside for creating the welfare, also called on the Union engagement to confrontation, and Nigerian Maritime that the Agency would keep to this Maritime Organisation (IMO) Mr. Kitack platform for sustained labour stability members to always apply dialogue we all know that confrontation is not Administration commitment since it is the regional Lim who was represented by the Regional in the entire maritime sector. when addressing issues and shun usually the best approach. We know T and Safety Agency coordinator of search and rescue for Coordinator, West and Central Africa- Comrade Adeyanju gave this confrontation, which he noted to be that when we engage, we understand (NIMASA), Dr. Dakuku West and Central Africa. Anglophone, Technical Cooperation commendation when national officers counterproductive in any engagement each other better. I am glad that you Peterside has restated the agency’s He added that aside continuous Division, IMO, Capt. Dallas Laryea, stated of the union paid a courtesy visit to or input. have chosen that approach because commitment towards the enforcement trainings of Search and Rescue (SAR) that international trade is very critical to the NIMASA Management in Lagos, In his words, “Let me assure you I believe it is the way to go and the of strict safety regulations at sea in order officials, NIMASA is coming up with the world’s economy with estimation saying that as soon as the Agency that NIMASA is a home to every way to achieve result and enjoy an era to ensure the protection of marine other modalities to complement its SAR of 90 per cent of world trade and two midwifed and ensured compliance maritime worker. From the advent of peace and stability in the sector environment and safety of assets. plan. According to the DG, “seafarers thirds of its energy supplies carried by to the National Judicial Industrial of this administration, we have noted where we work. Our new capacity The DG who gave the assurance worldwide have the obligation to assist sea which makes safety paramount. Council (NJIC) agreement there has that you believe in dialogue and not development initiatives are now during the opening of the 4th Regional other ships in distress and as part of Laryea commended NIMASA for its been no rift in the industry. “NIMASA confrontation in dealing with issues tailored towards growing human Technical Search and Rescue Committee our commitment to SAR, we have systematic and well laid-down procedures has ensured that there is mutual as it pertains to our operational capacity in the sector for immediate meeting in Lagos, also said that the registered and trained volunteers as which the Agency has put in place to understanding between workers and relationship. We believe that human employment”, Dr. Peterside said. establishment of an Emergency Service Maritime SAR Marshals in the riverine respond to emergencies that may occur terminal operators. The era of picketing element is the greatest asset in It is worthy of note that Dr. Division which is entrusted with the and inland areas. at sea, especially in the Gulf of Guinea. is over, we are indeed very grateful our quest to ensure the growth Peterside has always reiterated that responsibility of rendering search and “The psychic behind this is to ensure He charged the Agency to continue to Dr. Peterside and his management and development of our maritime the workers welfare is paramount to rescue services to vessels and mariners that these marshals are close to the to support the region and urged team for creating stability at our ports, sector. Without human element our ensuring peace in the sector and this in distress within the Nigerian territorial loading/unloading bays of river crafts member states of the regional SAR terminals and jetties”, he said. equipment and other resources are is evident in the speed with which the waters is a major accomplishment of the and thus enforce strict observance of to continue to collaborate to ensure On his part, the Director General of useless”. Agency midwifed the signing of the Agency. Peterside who was represented regulations with respect to safety of a safe and secure West and Central NIMASA, Dr. Dakuku Peterside assured Speaking further, Dr. Peterside National Joint Industrial Council (NIJC) at the event by the Agency’s Executive lives and assets at sea”. African maritime domain. the Nigerian maritime workers that the acknowledged the complementary Agreement between the workers and Agency would not shy away from its and symbiotic roles maritime workers, operators of Terminals and Jetties.

18 theVoyage 2017 q4 theVoyage 2017 q4 19 news news

NSDP: Maritime Stakeholders Commend NIMASA

he capacity building gave birth to the NSDP training as a result continuous support of Stakeholders in the initiative of the Nigerian of the gap in the seafaring profession, which industry to any developmental initiative that L-R: Captain Sunday Umoren, Head, Maritime Safety and Seafarers Standards Department, Nigerian Maritime Administration is due to the dearth of professionals in the can help move the maritime sector forward, Maritime Administration and Safety Agency, Deputy Director, Marine Environment Management and Safety Agency sector, he used the opportunity to call on so that Nigeria can compete favourably Department, NIMASA, Dr. Felicia Mogo SEAGULL Band Leader, Senator Florence Ita Giwa and the T (NIMASA) through the Cadets to become trainers of trainees with its counterparts in the international representative of Director General, NIMSASA, Director, MEM, Mrs Susan Asagwara at the SEAGULL the Nigerian Seafarers so that there is no gap as far as manning maritime community. Band Lecture and Stage Presentation in Lagos Development Programme (NSDP) has again is concerned, thereby allowing room for The Vice President, African and received commendations from Stakeholders the full actualization of the Cabotage Act. Asian Affair, Arab Academy for Science, and industry players in the Nigerian maritime Similarly, the Vice President of the Technology and Maritime Transport, who sector. Nigerian Ship-owners Association (NISA) described shipping as a noble profession, Peterside Calls For This is coming on the heels of the flag-off and the Chief Executive Officer of Sea also commended the Management of ceremony of the first phase of the NIMASA Transport Services Nigeria Ltd, Mr. Aminu NIMASA for conceiving the NSDP initiative. Joint Efforts To Address fully sponsored sea time training for the Umar expressed delight at the opportunity He also applauded the Cadets for always cadets of the NSDP scheme, held in Lagos. NIMASA has given to the Cadets to make conducting themselves well during their Speaking at the event, the former a profession in the maritime sector noting course of studies. Climate Change President, Nigerian Trawler Operators that his company is willing to employ some The high point of the event was the Association (NITOA) and the Chief Executive of them as soon as they have completed award of scholarship for Master Degrees by Officer MORBOD Fisheries Limited, Barrister their mandatory sea time training. the Arab Academy to three female cadets he Director- General economic development. Of great affect lives in many regions of the world”. (Mrs.) Margaret Orakwusi commended the According to him, there are about 60 per who had distinctions in their fields of study. of the Nigeria devastating effects, is the unprecedented Harping on the role of the maritime Director General of NIMASA, Dr. Dakuku cent Nigerian seafarers in his company and Earlier, the Director General of the Maritime destruction caused by Hurricane Harvey sector in climate change, Peterside Peterside for his determination and he expressed optimism that in no distant Nigerian Maritime Administration and Safety Administration and Hurricane Irma in Texas and Florida stated that shipping which depends on commitment to issues affecting capacity time, it will reach the 100 per cent target Agency (NIMASA) Dr. Dakuku Peterside T and Safety Agency respectively” . The NIMASA DG who was global regulatory framework is the most building in the sector. of the Cabotage regime. He also called on reiterated the Agency’s commitment to (NIMASA), Dr. Dakuku represented by the agency’s Director environmentally sound mode of cargo In her words, “you have made the the Cadets to seize the rear opportunity capacity building, noting that it is the only Peterside has stressed the need for of Marine Environment Management transportation and a modest contributor unemployable people to be employable; and maximize it, so that they can become sure means of sustenance for the sector. joint efforts to tackle the scourge of Department, Mrs Susan Asagwara, also to overall greenhouse gases emission. this is to say we now have highly trained better professionals and make Nigeria proud. He congratulated the Cadets for being climate change. Peterside made the call added that the global effects of climate Noting that Nigeria is one of the professionals in the nation’s maritime sector”. “You are the future of the Nigerian maritime the chosen ones amongst millions of at an event on climate change jointly change had challenged every country countries expected to be most affected She also used the opportunity to enjoin the sector”, he said. Nigerians and admonished them to remain organised by NIMASA, Heritage Bank across the globe to search for mitigating by the impact of climate change through beneficiaries to maintain the high standard On his part, a Surveyor and maritime good ambassadors of Nigeria in their host and the Seagull Band of the Cross Rivers factors. “Warming of the climate system sea level rise, coastal erosion, storm surges they have set for themselves by aiming for Stakeholder, Engr. Emmanuel Ilori also country and that they should make Nigeria State organised annual Calabar Carnival, is unequivocal, as it is now evident in owing to the stretch of her coastline, he excellence. congratulated the Cadets and observed that proud. He also assured that everyone that held at the Oriental Hotel in Lagos. over 193 countries including Nigeria. disclosed that the agency has come up In the same vein, a maritime law expert, they have taken up a challenging job that participated in the NSDP scheme will certainly The DG said “climate change presents “These countries are no longer with various strategies. Which according Barrister Mike Igbokwe, SAN commended requires discipline. He charged them to be be given a sea time training opportunity, a serious cause for concern to humankind. standing aloof; they are taking heed to to him include implementation of the Dr. Dakuku Peterside led Management good ambassadors in their host countries and but hinted that it will be done in batches. The frightening phenomenon has tame this monster. On a global scale, the MARPOL Annex VI as well as the of NIMASA and added that the essence added that they are being expected back in The NSDP scheme was conceived in 2008 completely altered the atmospheric climate change is having profound impact regulation of bunker fuels of vessels of the Cabotage regime is beginning to the country to take over the administration and it has continued to receive attention of composition of the earth leading to on ocean warming, decrease in polar ice calling at the country’s ports to check unfold, as it intends to ensure 100 per cent and manning of the sector. succeeding government. This is as a result an intense warming of the globe. It and glacier, increase in extreme storm the level of sulphur emission fuels and participation of Nigerians in its Cabotage He commended NIMASA for the feat of the commitment and realization of the has continued to pose unquantifiable events and their intensity, sea level rise other related gases of concern with which trade. attained in its quest to enhance capacity importance of capacity building to the growth threat to human, social, political and and coastal flooding all of which severely the engines might be running. While also stating that the Cabotage Act building in the sector and pledged the and sustenance of the sector.

20 theVoyage 2017 q4 theVoyage 2017 q4 21 2017 NIMASA Competition

Winning Essay: Group photograph of the winners of the essay competition organised by the Nigerian Maritime Administration and Safety Agency (NIMASA) to commemorate the 2017 World Maritime Day Celebration Minister of Transportation, Rt. Hon. Rotimi Amaechi, being assisted by the Connecting Ships, Director Special Duties (External Relations & Technical Cooperation) of NIMASA, Hajia Lami Tumaka to present a plaque and a laptop in addition to an education are far apart compared to the Lagos committee to address the rot. This will In order to boost indigenous Ports and People grant of N500,000.00 to Miss Elizabeth Ezekiel, a second year Medical student seaports. boost the efforts of NIMASA to train participation, there needs to be of the Ambrose Alli University Ekpoma, Edo State who emerged the winner Security threats bedeviling the ports seafarers through the Nigerian Seafarers’ effective implementation of existing of the Essay Competition organised by the Nigerian Maritime Administration and Safety Agency (NIMASA) to commemorate the 2017 World Maritime Day and their operations such as cargo theft, Development Programme (NSDP). policies like the Cabotage law. Maritime Celebration sea robbery and maritime terrorism have business is capital intensive, hence had various consequences on the industry. THE WAY FORWARD: government should aid in financing. The Nigerian Maritime Administration and Safety Agency (NIMASA), has instituted an annual essay It is also widely believed that sea piracy Having outlined some of the The Cabotage Vessels Financing Fund competition as Miss Elizabeth Iregbedeshi Ezekiel from Ambrose Alli University, Ekpoma in Edo is one of the major factors behind the challenges of the maritime industry, should be adequately disbursed, a State who submitted an essay on “Connecting People Ports and Ships” emerged the pioneer winner dormancy of other seaports. According addressing these challenges is Maritime Development Bank should of the competition. The competition is aimed at engendering youths interest in the maritime sector to Godfrey Onuoha: “Nigeria loses $9 paramount so as to unlock the enormous be established for provision of loans and million to piracy and $15.5 million to oil potential of the sector. To begin with, more tax incentives should be granted. By ELIZABETH IREGBEDESHI EZEKIEL in West Africa is done in Nigeria, which like the concession of ports to private theft annually”. (shipsandports: 2016) the government as the captain of the A national carrier should be established, means that Nigeria is very important in operators in 2006, commissioning of • SHIPS: ship must provide the pivotal anchorage with the private sector managing it and INTRODUCTION: the West African sea ladder and ought regulatory bodies like the Nigerian The low level of indigenous needed for the reformation . This entails the government serving as a facilitator. lobally, the maritime to be a major player in Africa. (Finintell: Maritime Administration and Safety participation in the shipping sector not just formation of laws but effective To increase the efficiency of industry is the 2013). Despite the huge potential of Agency (NIMASA) and legislations like is also a major challenge. The sector implementation of these laws and also ports and reduce congestion, the backbone of world the blue-economy, many years of half- the Cabotage Act and Local Content is characterized by domination of having the political will to do so. roads within the ports should be trade as succinctly hearted attempts at the reformation Development Act. Yet the challenges foreign flagged vessels, and majority In order to ensure more robust and rehabilitated, development of multi- G captured in the and management of the blue economy remain unabated due to various underlying of sea freight is still done by foreign consolidated action on the sector, there modal transportation, establishment theme of the have made it difficult for the sector to issues which NIMASA and other agencies companies. This has led to capital flight is a need for the creation of a Ministry of dry ports, 24-hour port operations, International Maritime Organization’s attain full economic capacity. This sector in the maritime sector have been working and losses for indigenous shippers. The of Maritime Trade. If the aviation sector digitalization, constant power supply, 2016 World Maritime Day: “Shipping: is estimated to be capable of generating to resolve. government therefore has to implement which does not generate as much income adequate security, training and Indispensable to the World”. According to N7 trillion and 40,000,000 jobs annually laws that protect indigenous participation as the maritime sector has a ministry, manpower development should be the United Nations Conference on Trade (Agbakoba: 2015), but it generates and • THE PORTS: in shipping. then asking for a maritime ministry is a priority of the government and all and Development (UNCTAD), over 70 employs a far-cry from the figures stated. The ports which serve as the In addition, the lack of a national fleet not going overboard. policy makers. per cent of global trade by volume and According to the Indigenous Ship confluence of most maritime activities are does not speak well for the acclaimed More attention should be paid value are carried by seas and handled by Owners Association of Nigeria (ISAN), yet to attain international standards. The “Giant of Africa”. Nigeria is the only oil- to expanding the coastal areas by CONCLUSION: ports and people. (UNCIAD: 2015). Hence despite the country’s large export of overdependence on the Lagos seaport producing nation without a national fleet, dredging the water ways for bigger The opportunities to be derived it can be argued that it is one of the crude oil and import of over 100 million has impacted significantly on the aging whereas, Angola, which recently joined vessels. This would increase the bulk from the maritime sector are enormous major necessities for the sustenance of tons of cargo, no Nigerian flagged ship infrastructures due to overwhelming the ranks of oil producing countries, movement of petroleum products and and will boost the economy, provide the human race, and creating a seamless is currently plying international routes. cargo handling, while other ports remain has a fleet for her oil deliveries. other capital goods, therefore increasing employment, generate huge revenue and connection between the ports and the Further, Nigeria exports about 900 million dormant. The presence of bad roads the involvement of Nigeria in the vast have a multiplier effect on other sectors. people would have a multiplier effect barrels of crude oil annually, but foreign around the ports has resulted in the • THE PEOPLE: international trade. Therefore, there is a need for agencies on the economy and also protection of vessels earn a freight of about $2.25 billion damage of fragile goods as well as the Nigeria has not taken adequate The government should undergo a such as NIMASA to continue investing in the marine environment. yearly, carrying the country’s crude with creation of gridlocks which has led to steps towards training and manpower review of all regulatory and institutional an interagency approach that addresses insufficient freight benefits to Nigeria slow evacuation of cargoes from the development, hence semi-skilled workers frameworks to create an enabling the whole range of challenges, including MARITIME INDUSTRY in NIGERIA: (Myfinancialintelligence: 2016) ports and higher demurrage. control the activities at the seaports. environment in the sector. This involves the facilitation of maritime transport, Nigeria as a costal state with extensive Due to the small size of major seaports The Maritime Academy at Oron has enactment of critical bills that would increasing efficiency, navigational safety, coastlines and as an oil producing and THE ROOTS OF MARITIME and shallow depth of the waterways, been in such a state of rot that the be beneficial to the sector like the protection of the marine environment exporting country, as well as a consumer CHALLENGES IN NIGERIA: bigger vessels like the ultra large crude federal government had to set up a Petroleum Industry Bill. and maritime security. nation with a large population, is a large A lot of measures have been put in carriers and Post Panamax vessels are market for foreign goods. 76 per cent place towards mitigating the problems not able to land. Also, the distance of Maritime Fact of shipping business that takes place militating against the industry’s efficiency the Eastern seaports from the ocean 71 per cent of earth’s surface is covered by water.

22 theVoyage 2017 q4 theVoyage 2017 q4 23 news TheVoyage

L-R: Executive Director, Maritime Labour & Cabotage Services, NIMASA, Mr Gambo Ahmed, Managing Director, Nigerian Ports Authority representative, Capt. Iheanacho Ebuboju, Chief of Naval Staff representative, Rear Admiral Sunday A.G. Abba, Board Chairman NIMASA, General Jonathan India Garba and the Director General, NIMASA, Dr Dakuku Peterside at the harmonized NIMASA Stakeholders Forum tagged: Synergy; An Instrument for Sustainable Development of the Blue Economy held at Eko Hotel, Lagos Peterside: Maritime is a Catalyst for Economic Growth …charges stakeholders to collaborate with NIMASA to develop Nigeria’s Blue Economy

he Director General, the nation’s maritime domain by putting of acquiring more surveillance aircrafts Nigerian Maritime a policy framework in place to allow and additional fast intervention vessels as Administration and maritime business to thrive. enshrined in the new maritime security Safety Agency “Maritime provides a veritable architecture approved by the Federal T (NIMASA), Dr. Dakuku opportunity for us to grow our Executive Council to ensure that our Peterside has said the economy. We will ensure we play our maritime domain remains safe for doing maritime sector’s potentials if effectively role by providing necessa ry policies for business” he added. harnessed, is a catalyst for economic industry players to reap the benefits of Peterside stressed that the agency growth. participating in the sector in order to has a robust human capacity building He equally charged all stakeholders in develop our blue economy for Nigeria’s plan in place as part of its efforts to the sector to be more involved actively benefit”, he said. ensure Nigerians reap the benefits of with a view to growing the blue economy. The DG charged industry stakeholders the industry. The NIMASA DG dropped the hints to collaborate and cooperate with the Towards this end, he said the while addressing stakeholders at the agency as it strives to create an enabling agency has signed a Memorandum of harmonised NIMASA stakeholders environment for them to operate, adding Understanding (MoU) with some foreign interactive forum held in Lagos with that the agency has created various schools to provide sea time training for the theme “Synergy: An instrument for platforms through which stakeholders the graduates of the Nigerian Seafarers sustainable development of the blue could communicate with it on various Development Programme (NSDP) which Economy”. issues. had been a challenge. According to him, the numbers of “The industry belongs to stakeholders, The Chairman Governing Board of littoral states in Nigeria and the length we must synergise to get the benefits NIMASA, Major General Jonathan India of the nation’s coastline makes the embedded in maritime, we must work Garba (Rtd.) who was also at the event, development of Nigeria blue economy together all the time because it is our said the board would continue to support a necessity for the country’s benefit. priority that those who do business in the Peterside-led Executive Management Peterside however assured his the industry flourish in order to develop by giving necessary approvals that would audience that the agency is currently on our blue economy. reform the Nigerian maritime sector for gambo ahmed a mission of changing the landscape of “That is why we are in the process economic benefits. Executive Director Maritime Labour & Cabotage Services Maritime Fact 97 per cent of the earth is found in the water covering the globe.

24 theVoyage 2017 q4 theVoyage 2017 q4 25 interview interview

Gambo:

Dynamism Is Key before in having Nigerian seafarers and doing good business for others to onboard vessels operating in our come and enjoy. Mr. Gambo Ahmed is the Executive Director, Maritime Labour and Cabotage Services territorial waters? You said some companies have Much, much better; as we speak to you been pre-qualified before, some NIMASA. In this exclusive intervew with TheVOYAGE Editorial Crew he gave an expose now some of our Maritime Labour officers primary lenders have been identified on how the Agency has achieved unparalled industrial harmony in recent times. have gone to one company to participate before; government is a continuum in their interviews for seafarers to be and administrations change, why do funds have not been disbursed and in fact employed. And so much has happened we want to start afresh since there it has never been disbursed, I must admit. before especially this Cabotage law, this is an Act that guides the submission? The issue is why has it not been disbursed? ir, there has but when you put everything on the alone has been in existence for more In every business, we cannot say 5 Some applications were processed in the been relative table they examined it and agree among than a decade, maybe they went to sleep years ago I needed one million dollars past (I hope you know the guidelines, the industrial peace themselves. What is their gain to protest? and people felt relaxed they were not to do a business and it will still remain actual approving authority to disburse is in the maritime And that is what has been happening bothered whether you comply or you valid after another 5 years without doing S the Ministry of Transporation). Ours is to sector, and as we engage them once there is any issue, don’t comply. Some will say it is a matter that business. You need to revalidate put applications together pass through the Directorate we call them for a roundtable discussion, of coming to pay some small penalty or that business. Is that same amount still a participating bank, the participating responsible for over sighting the and issues are amicably resolved and whatever, but the essence here is not required, has the man moved on since bank will review, get back to say they Dockworkers activities, how have everybody goes out happy. about the money. that time, is he still even in business are recommending this one and that you (NIMASA) been able to achieve In the area of Cabotage, we know As for the employers of labour, or not. If he is still in business is that one and part of it is also they will put the industrial peace in recent times? that NIMASA under this administration what are you doing to grow their one million dollars still adequate to do in their own money as a participating Since the advent of this current produced a New Cabotage Compliance capacity? what he wanted to do 5 years ago or bank and they are expected to put a Management of NIMASA, we embarked Strategy. How has this affected the Well, that is another issue, but you he needs something more? And you maximum of 35 per cent. The actual ship on what I will call engagements with sector? know typically every business opportunity know again since the introduction of owner and the business promoter will the stakeholders. I must admit the very As it is the case with every new thing, as you see it; when you look at the point the Treasury Single Account (TSA) the pay a minimum of 50 per cent then from understanding leadership of the various initally there was some little resistance but of the entrepreneur, the man who is banks don’t even have this CVFF with the fund a maximum of 50 per cent. Unions. Before now it took more than when it was clear to all and sundry that investing his wealth to do a business will them anymore. In the past, the banks Part of the requirement also is that, two years, there was no National Joint NIMASA was not out to kill any business, naturally want a smooth, convenient and that were selected had the money with that 50 per cent will be guaranteed by Industrial Council (NJIC) meeting. When ours is to ensure that the law is complied conducive environment to operate, and them and when you have money, you the participating bank, unconditional we came in, we organised NJIC meeting. with and there has been tremendous that we aim to do everything possible to have the strength to also add to them guarantee which means the total credit The NJIC comprises virtually all progress since that regime (Cabotage) provide, so that they operate smoothly. because the chance is that they could risk on that 50 per cent is on the bank. stakeholders in the maritime sector; adopted this spirit of engagement. The started. It is our business to grow their tonnage; leverage with the deposit you have with But that aside in the past there had been the employee, the employers and they same with the current leadership under Also we do engage, we encourage it is our aim and objective to grow the them. Today, these commercial banks similar funds and typically people see sit together and we are the regulatory comrade Adewale Adeyanju, the same them if they have issues or complaints fleet volume of Nigerians. That means or the money deposit banks don’t have it as if it is government money and say body; let me say in the middle, they work posture; once there are issues they come, to come forward and they have been we are growing capacity in terms of ability that CVFF money; this is severe. But we government money and they see it as among themselves, agree what wages when we have issues we call, so we have coming forward. We have been having to compete, we are growing capacity in have said to our ship owners, if you have their own share of national cake; once to pay and engage themselves. been emphasizing engagement rather meetings, we have been making progress teams of manpower. a good business, approach your bank you get you don’t think of paying back. NIMASA had the first (NJIC meeting) than violent protest and I am sure this will we have been getting more and more The issue of Cabotage Vessel if your bank is willing to put in that 35 And I think that is what the Minister has in 2017 early or late 2016, it was very continue. I do not foresee any deviation seafarers employed now, unlike what Financing Fund (CVFF) has been a very per cent and you yourself are willing to been saying repeatedly that he wants to smooth; the employees were happy, from what has been happening. was happening before, so the level of topical one in the maritime industry. put in that 15% come forward and let review the guidelines that he does not through their unions, the employers So basically it is the engagement compliance is increasing and we see it What is the agency doing to resolve us review your application. want any money that somebody will go were happy. Like I said the leadership, of Dockworkers and the employers? increasing and increasing as we go on. the issues surrounding the fund? Are they aware of this? and sit on and think that he has taken especially the Maritime Workers Union Yes, the employers, the employees, You just mentioned having Nigerian Yes, the Cabotage Vessel Financing Yes, they are aware because I his own share of the national cake. He of Nigeria (MWUN) right from the time all. You know that when the employees seafarers onboard for Cabotage Fund (CVFF) is a topical issue. We are know there was one meeting that the wants to disburse CVFF such that it will of the immediate past President-General go on strike or they protest, is when they operations, how will you describe the aware that it is everybody’s concern and Honourable Minister said to them: I am be used for the purpose and is repaid, Comrade Tony Nted, they have also think that they are not getting fair deal, situation now compared to how it was ship owners have been lamenting that the not going to disburse until I review the because it is meant for good business

26 theVoyage 2017 q4 theVoyage 2017 q4 27 interview TheVoyage

guidelines for fear of people running away with the money. Just recently we did another letter to the Minister saying Honourable Minister, with due We met a program and the number they come out they will be employed respect, the contribution by the fund is of students out there and I think it’s because the ultimate aim is to get them guaranteed. So if you have a bank willing only fair that we see them through employed. to guarantee, the fear of running away the program and that is what we are Recently some of our seafarers is mitigated. And you know a typical trying to do. have been complaining of wage bank will not give you money when Are you winding down the NSDP disparity between them and foreign they don’t see their way clearly. But at scheme after the current set on seafarers, we don’t know if such the same time you will see somebody training? complaints have gotten to you and apply for half a million dollars, is he I wouldn’t say we are winding down. what is the agency doing to address really trying to borrow for business or There could be new intakes, but what those concerned that the foreigners just want to dry dock what you have we want to do is to look at what is earn more than the locals and they is that cannot compete in the market? the essence of the program itself. The have the same qualifications? Since you told them that if their objective is to get the seafarers on Yes, we have heard that before, I banks guarantee them, they should international going vessels because we would not say we haven’t heard such come forward, have you had anybody realize that they are lacking in Nigeria. we cries. We have read in the papers, come forward that has a bank that have dearth of seafarers, so the NSDP somebody might accuse NIMASA of can guarantee? came in as an intervention programme, conniving with these people to make We just have applications without it is not meant to be forever for sure, sure that they don’t get what they commitment from any bank. but for now we still see the need to should get which is not true. Like I Seafarers training is a major continue. said at the beginning there had not challenge we have in our hands. The only difference we are reviewing been any meeting of the National Joint How does the Agency go about what has happened in the past; look, Industrial Council (NJIC) before this the accreditation of maritime we have sent out so many. What have Management and with the dockworkers; institutions, knowing that we are the been the challenges, what else should we had an agreement with them and statutory body that is to accredit we do that we have not done, those their employers, the NJIC met and the every maritime institution in the who have passed through have they collective bargaining agreement was country? Recently, the Navy set been employed, because the essence signed and everybody was happy, the up an Admiralty University; do we is to get them employed; if they have employees were happy, the employers have any collaboration with them? not been employed any particular were happy. On the seafarer, it is right We have a Memorandum of reason they are not employed; is it now ongoing, just recently, I was asking Understanding (MoU) and that has because of they are not employable how far with the agreement, because been on for so many years, but the internationally because something is they have met at their level of the seafarers programme like the Nigerian missing, is it because of the economic employees and the employers; at one Seafarers Development Programme downturn that is why they are not being point they say that they had reached (NSDP) is mainly dealing with institutions employed, we look at it holistically and an agreement at another point they outside Nigeria, because the Nigerian say; look maybe there are few things said the employers were saying no, institutions lack the required capacity. we need to add to the programme, there was no understanding. I have We would love to do everything in maybe there are different areas that asked for an update on where we stand Nigeria, if the institutions are available, we have not addressed that if we are on that because NJIC must meet to nobody wants to spend his scarce going to do what we call a third phase finalize that collective bargaining we bashir jamoh foreign exchange and train its people of the programme, it should address cannot afford our people being treated outside, if you can train them inside. Executive Director such limitations, so that by the time as lesser beings. Finance and Administration

28 theVoyage 2017 q4 theVoyage 2017 q4 29 interview interview

Jamoh: NIMASA is Working

The management of NIMASA was recently commended by the Federal Executive Council for its quantum leap in her contributions to the consolidated revenue funds of the Federal Government. In this exclusive interview with TheVOYAGE Editorial Crew, Mr. Bashir Jamoh who is the Executive Director, Administrations and Finance, gives an insight into how the current leadership of the Agency had of century. I am no stranger to throat of staff, rather the DG led decided to define our goal in clear turned things around for the better the inner workings of these us to engage staff across all our terms. If you can recollect when directorates. ThIs i think has made operational base to explain to the Director General, Dr. Dakuku my job a bit easy and enhanced them the essence of the core Peterside came, we invited the ir, you are my ability to give quality input values and the need for them entire Heads of Departments to almost two from a position of knowledge to own it. We are building a new make presentations on what they years in when it comes to decision making. team spirit in the Agency based do, where they are, and where the saddle as NIMASA staff have on our core values. they intend to go and after that S the Executive demonstrated so much We are glad to note we decided to introduce a kind of director, Finance commitment to work, how did that NIMASA staff are truly retreat to know exactly what we & Administration, How will you you manage to achieve this? reciprocating the gesture from have not really been doing how describe the experience? Well, since the inception of Management with their output. we can improve and what we can The experience has been quite this management we leveraged You can’t say its 100% yet, do right. Then a target was set, interesting. Recall I was a staff of on the advantage of having a we still have some situations and all things required to achieve NIMASA before my appointment former staff in myself as member that still require more work, so I the set goals were provided to as Executive Director Admin and of executive management will say its work in progress and all staff. in the process some Finance. My wealth of experience team to change the narrative. management is impressed with loopholes in revenue generation as a civil servant of almost 23 We introduced programs that the improved attitude to work were identified and they were years came in handy to smoothly enhanced productivity of staff, from staff of the Agency. We adequately addressed, thus manage Executive responsibilities promote discipline amongst staff try to provide leadership based resulting in the improved revenue in the past two years. and motivate them through on discipline and all principles generation and subsequent My focus as Executive Director purposeful leadership under this contained in the core values and contributions to the consolidated Administration and Finance has administration. We eschew all also ensure that they cascade revenue fund of the Federal been to provide support in vital forms of staff harassment and down the ladder to the very Government. It was simply will areas like; planning, Research replaced them with policies that least staff of this great Agency. power to succeed and keeping and Data Management Services motivate them. This administration A few months ago, the our eyes on the ball. and of course financial services also painstakingly grew staff Executive Management of the We are yet to get to the Management. capacity and provided all required Agency was commended for its promised land, but we will Within the purview of tools for them to excel in their stride in revenue generation continue to remain focused until Administration are issues of workplace. This management and its huge contribution to we achieve that particular goal. Human Resource Management introduced core values for staff the Consolidated Revenue So, in summary, we set our own and Administration of the Agency of the Agency. it was clearly spelt Fund (CRF) of the Federal clear goals and we set the targets in particular. Providing leadership promising and very interesting. from the position of responsibility out as we call it here, CAPITEL-D. Government. How was this on clear terms and we remain for three major departments in Having worked as a civil to that of authority has been Management ensured that the feat achieved? focused and we are heading the Agency which are under my servant in two of these three easy sail because I have been values were not forced down the Well the first thing we did, we towards there. Everyday we try directorate has been challenging, departments, the transformation in the agency close to a quarter

30 theVoyage 2017 q4 theVoyage 2017 q4 31 interview interview

to improve on yesterday and that system in the Nigerian Maritime that training on the individual is what we have been doing and Administration and Safety Agency staff we trained and the impact that is exactly the secret of how and in so doing the revenue on the Agency whether we can we achieve that feat. The fact we are earning now we are see changes as a direct result that the Federal executive Council expecting additional maybe of the training we offer, where commended the Management of more than 50 per cent increase we have to retrain them in that NIMASA while sitting in council of the total revenue after the particular area, where we can as one of the best Agencies of full implementations of the retrain them on a new skill. That government is a major one, and automation system. is topmost priority and we are negative brands. So that was why Finally Sir, what is your coastal trade that is the it has put us on our own toes to We are also aware that doing so day in day out; with that we introduced rebranding. the message to the Agency’s cabotage trade itself. So I think make sure that we do what is capacity building is topmost we will be able to achieve and rebranding project was aimed stakeholders (internal and that will be my promise to the right and we improve on whatever on the Agenda of the current succeed in whatever we want to at changing the narrative of external) in 2018? external stakeholders. we are doing so that this year Executive Management of the achieve as the management is NIMASA. Well, the expectations of Well, to my colleagues, that will be better. Agency, how has this been trying to achieve our own goals Rebranding in terms of our most stakeholders have always are staff of NIMASA; these Digitalization of processes implemented and what effect and objectives. own staff, rebranding in terms of been the disbursement of the three key words; good, better is one of the Agenda of does it have in the day-to-day Recently, the Agency the public perception, rebranding Cabotage Vessel Financing Fund and best should be their the Agency’s Executive running of the Agency. launched a rebranding in terms of core values. And so (CVFF). let me say it is work in watchword and they should Management, geared towards You see, in everything you campaign. How successful has far, available statistics shows that progress, this administration is not allow anyone to distract plugging revenue leakages. How do training is key, once you it been? the project has truly enhanced committed to the disbursement them, they should continue to successful has this been? are not training and retraining I think if you are going through the image of the Agency. of the funds. chase the three words. It is That is very interesting because your own staff you are bound media and online reports that Our goal is to serve our In fact, the current only when they look at what this question has a direct link to to have problems. The world is we have been receiving, we have stakeholders efficiently and management has forwarded they are doing as good, that the last one you asked earlier; coming to an age whereby every been analyzing that rebranding. ensure that the NIMASA brand in recommendations to the they make it better and then One thing about the digitalization day new things are coming up, First of all, I hope you are aware the sub conscious of stakeholders supervisory Ministry in aid of from better to best, that is is for us to ensure that we reduce so you need to keep your staff of why rebranding had to take is the nimasa of our dreams. its disbursement. This was done when we will be able to exceed human interphase as much as abreast of development for a place? When we came in, what An Agency of Government mindful of the experience of the whatever expectations our possible in all our dealings with total and holistic view of the was discovered was that the that operates in a transparent Ship Acquisition and Ship Building own government places on stakeholders. When you are international arena. In doing poor image of the agency in the manner and always ensure that Fund (SASBF). us. So when we deliver our generating revenue you must so you achieve quality human eyes of the public was a major its stakeholders are treated right The issue of Ship Acquisitions own mandate that is when make sure that you reduce such capacity development, so training challenge to the NIMASA brand. all the times. So far I think we and Ship Building Funds is still we support whatever goal contact and that is what informed has been the key of our own Once you mention NIMASA, have achieved more than 65 per very fresh on our minds as up till and target we have, we will our decision to embark on the programs and so far last year people associate the Agency cent in terms of rebranding we now we have a lot of companies then say we have achieved, digitalization process of most of alone we trained over 300 staff with other issues rather than are yet to get there but we are that collected the loan and they then we can make the present our operations. abroad. Secondly, we can’t achieve the core mandate. The scandals still trying to see how we can did not repay. position better than what we Now, on what we have the issue of automation or the readily comes to mind. the several improve. Our consultants are So I think that is the major are today. achieved so far, we have issue of revenue generation mention of the Agency with issues there trying to survey and look expectation of the Stakeholders So, staff should always not achieved over 60 per cent on without training. So the training that has to do with litigations at where we are lacking, where and this will help in providing a relent on their effort in making the digitalization process and and retraining of our staff is being on fraudulent issues was so we should balance and where lot of jobs for the youths and their good better and better, our own target by the end of the key aspect. So what we are worrying with some members we can improve upon. That is capacity building in terms of best and in so doing, we will July 2018, the consultant will be doing now on that training is of the public already branding on rebranding, over 65 per cent owning ships and ultimately be able to say kudos to our able to deliver a full automation trying to evaluate the impact of the Agency with all sorts of very achievement. assist Nigeria take over the own staff.

32 theVoyage 2017 q4 theVoyage 2017 q4 33 interview

Fashakin: We Are Not Resting On Our Oars

Engineer Joseph Oluwarotimi Fashakin, a fellow of the Nigerian Society of Engineers is the Executive Director Operations of the Nigerian Maritime Administration and Safety Agency, NIMASA. He spoke to an editorial crew from the Voyage Magazine on steps taken so far by the Agency to enhance safety and security of lives and property on Nigerian territorial waters. Here are excerpts from the interview

ir, you have been NIMASA has been very challenging and mandates; how do you ensure that our in charge of this very exciting at the same time. You all waters remain safe for navigation? directorate for quite know that I have my background in Yes, if you know clearly that a while now, how electrical and electronic engineering NIMASA is the Maritime Administration S would you describe and I have a stint in Project engineering, for Nigeria and as such is expected the experience? management of notable engineering to work collaboratively with the First of all my name is Engineer projects. So I am happy that those International Maritime Organization Joseph Oluwarotimi Fashakin, a Follow experiences have payed off in my (IMO). Additionally NIMASA is expected rotimi fashakin, fnse of Nigerian Society of Engineers. I sojourn in NIMASA so far. to implement certain instruments and Executive Director, Operations have over 30 years experience in the Talking about safety and security the conventions of IMO in Nigeria; not practice of engineering and coming to in the Agency, which is one of our just to domesticate them but to also

34 theVoyage 2017 q4 theVoyage 2017 q4 35 interview interview

The journey so far has been quite doing tremendously well in terms of interesting and truly we have built attracting the right investment. on great consensus with other sister Also you know clearly that we have agencies within the maritime domain. I serious with ISPS and ensuring that we four legs on which our Cabotage Laws am talking about the Nigerian Navy, the are moving positively towards 100 per is standing on, in ensuring that the NPA, NIWA, the Nigerian Police, DPR and cent compliance. ship doing cabotage business within Nigeria Customs Service. Together with Shipping Promotion will aid the our inland water ways are owned by these entire sister agencies, we have diversification drive of the Federal Nigerians, they are built in Nigeria, been able to develop the guidelines Government, what is NIMASA doing they are flagged by Nigerians and to promote shipping and also tell us ensure their implementation within the What are the things specifically that waterways for safe navigation, but for the ISPS code implementation manned by Nigerians. So, all these how the Agency is ensuring cleaner Nigeria maritime domain. We look at we have done to show that fishing somehow it seems we have not taken in Nigeria. We now have workable are the things that we are taking into oceans? conventions like MARPOL, ensuring trawlers out there will be safe, know action on removal of the wrecks, so guidelines that have been gazetted by consideration in our policy formulation Well in terms of Shipping Promotion, that all the Annexes 1 to 4 are not that NIMASA is out there for them? what are the bottlenecks preventing the Nigeria government and because and ensuring that we push all these you know that Shipping Development is just domesticated but implemented, Good question, you cannot do us from going out to remove the of our seriousness especially within the agenda through for the maximum a Department in the Agency under the ensuring that there is safety of life at enough. So long there is criminality wrecks, because we had issued a time of this administration we have been benefits of Nigeria people. Operation Directorate; within shipping sea which SOLAS is essentially talking out there you have to continue to marine notice for removal of the able to move the ISPS implementation As the Executive Director of development is also shipping promotion. about. And I think we have seen an improve on what you are doing. The wrecks sometimes ago, which has in Nigeria from a dismal 13 per cent Operations in NIMASA, what is your We have been working under serious improvement on SOLAS, which is what fact is that NIMASA is ensuring that we expired, so what are the challenges? to over 90 per cent that we now have message to shipowners, stakeholders, trail for a while in the agency and I ISPS, has come to do. have a situation whereby we continually Yes we have come up with a draft currently. and what should they expect from want to announce very happily that Now, we recognize as an agency improve on what we are doing. We policy, you know in public service it is We have continuous collaboration NIMASA in 2018? by the instrumentality of the DG and our inability to provide the required have entered into some partnerships. important that your policy must have with the US Coast Guard; just recently, What I will say clearly on this, is the team NIMASA, we have been able teeth. Yes, we have the authority but In fact, recently, the Federal wide acclamation and must have wide I had in audience gentlemen from the fact that we are working within to initiate a fruitful dialogue with the the power, the teeth in enforcing that Government has just signed a contract acceptance. You need to circumspectly a Department in the UK Ministry the broad mandate of the Buhari Nigerian National Petroleum Corporation authority. The Authority is what the that will plot the Maritime domain in ensure that your good intentions of Transport that came specifically administration. It is an administration (NNPC) towards ensuring change of declaration of NIMASA as the MARAD Nigeria with an armada of sophisticated are not misconstrued and they are to collaborate with us on ISPS that is anchored on change and change trading terms from FOB which is Free of Nigeria has. Now how do we ensure crime fighting machines and that will well understood, because after this implementation. In no distant time in its totality. on Board to CIF, which is Cost Insurance the enforcement of that authority? So of course turn the tide. And you know dispensation shall come some other they are going to invite us over also We want to ensure that we lay the and Freight. we had to collaborate with the Nigeria that crime is usually one step ahead of people who must not only see your on the full payment and sponsorship proper foundation for development; For those that are not in this Navy that has the power, the force to civilized world. They are also thinking transparency, but must also see that of the UK government to learn one or development of the maritime business, maritime sector or shipping, it may act in the maritime domain. At first in of new methods to outwit the civilized you mean well for the best of the two things from them and exchange development of the Nigeria maritime sound like something that is very 2007, that MoU with Navy was first world. country and that you have done your ideas on ISPS implementation in Nigeria domain, development of the Nigerian uninteresting but when you understand done but now after 10 years we have In NIMASA, we are not also resting best within the available resources at and generally; you know the whole maritime space, so that generations clearly the effect, the total economic had reason to renew that MoU in 2017 on our oars; we are trying to ensure the time that you did; so, these are idea is that the world has become a to come will be able to point at this benefits that businesses, especially and with the renewal some add-ons that we capture the essence of our the various drawbacks in ensuring all global village. time as the time that some people insurance businesses and shipping were brought into play; add-ons that mandate in real time, all the time that the draft policy, the process, the There is this globalization that came and were given authority and company stand to gain from that; it also helped to improve on our existing by ensuring that we strengthen our procedures to be used conform with ensures and makes it imperative for they used it patriotically in a manner means that the insurance industry in collaboration with Navy. So these are collaboration with Navy. We have the best practices and are very much all hands to be on deck and all nations that benefited the generality of Nigeria will blossom. the steps that NIMASA has been doing also made some purchases in terms in line with this administration’s quest to work collaboratively with the intent Nigerians. It will open yet another opportunity and taking in ensuring safety of our of contract procurement with some and desire for transparency. of ensuring that we have a safer world So we want to assure the for prosperity for the shipping maritime domain and also ensuring vessel owners, that is; we have also You are the Chairman of the ICIC and ensuring that we have a safer and stakeholders in the Nigeria maritime companies and now you will now start pollution free and cleaner oceans gotten some Fast Intervention Vessels, in Nigeria, how far is the journey of salubrious marine environment. So to industry that clearly we as a team in having investment in tanker business in within Nigeria waters. we have improved on surveillance ISPS Code implementation in Nigeria? that extent we are doing our best; right this Agency, we are prepared to build Nigeria. So we are desirous of pulling Statistics out there show that system so that we will be able to Yes that is true you are quite right; now the marine instrument that the US on the past success of the one and this through and we do hope that we there are still attacks taking place mitigate some of this risks that are I am the Executive Director in charge Government issued on the Condition half years and ensuring that we do shall continue to have this co-operation on the Nigerian waters, as MARAD in threatening existence and threatening of Operations in NIMASA and you of Entry on her ships visiting our ports, more and there are couple of things with the NNPC so that we can pull charge of the safety are you not doing safety in our maritime domain. know NIMASA is in charge of maritime is a matter of time that it will be lifted lined up for this year and we pray that this particular discussion through to enough? Are we enforcing the use Still on safety, NIMASA has been administration in Nigeria, so definitely very soon, because US government is as God gives us life and gives us the a logical conclusion, which I believe of the AIS and LRIT on our waters? talking about wreck removal from our I am the Chairman. already getting happy and happier by ability we shall do our very best for the day about the way Nigeria is very will help us tremendously. So we are this nation. God bless you all.

36 theVoyage 2017 q4 theVoyage 2017 q4 37 photo news photo news

2

4

1

(1) Dr. Dakuku Peterside, DG, NIMASA in a discussion with Hon. Mohammed Umaru Bago, Chairman House Committee on Maritime Safety, Education and Administration during the harmonized NIMASA Stakeholders Forum tagged: Synergy; An Instrument for Sustainable Development of the Blue Economy held in Lagos. (2) prof. Balbaa Alsnosy, Vice-President, Afrian and Asian Affair, Arab Academy for Science, Technology and Maritime Transport, Egypt during the flagoff of Phase 1 of NIMASA full sponsored sea time training for NSDP cadets (3) engr. Emmanuel Ilori at the flagoff of Phase 5 6 3 1 of NIMASA full sponsored sea time training for NSDP cadets (4) mr. Jibril Ibrahim, Director Maritime Labour Services, NIMASA making a presentation to the cadets during the flagoff of Phase 1 of NIMASA full sponsored sea time training for NSDP cadets (5) Mr. Bashir Jamoh, ED F&A, NIMASA presenting copies of TheVOYAGE magazine to Hon. Adele Owolabi, Chairman, of Apapa Local Government when the latter paid a courtesy call to the agency (6) dr. Dakuku Peterside, DG, NIMASA, receiving a souvenir after making a presentation on the concept of the blue economy to the management of Nigeria Shippers’ Council, in Lagos (7) mr. Bashir Jamoh, ED F&A, NIMASA (6th from left) and Hon. Adele Owolabi, Chairman, of Apapa Local Government (5th from right) in a photograph with some management staff of the agency 7

38 theVoyage 2017 q4 theVoyage 2017 q4 39 report

The Hague Rules: Struggle for Supremacy Between Ship circumstances that were the fault of the The consequence of this was growing of the ship and faults in the care and Owners/Carriers and Cargo shipper. The shipowner’s only escape dissatisfaction amongst shippers, bankers, custody of the cargo, for which the was to prove that the loss or damage underwriters and other interests who carrier remained strictly liable. Owners/Shippers arose from one of the common law came together to form pressure groups The Harter Act applied only to inward excepted perils. to resist the dominance of the carriers. and outward voyages to and from the US As written contracts become more It was not however the shipper who was and over the years has disclosed some common, the law implied into every the worst victim of the arbitrariness of deficiencies, which are however not within By agbaminoja peter as carrier’s P & I club, liability insurer, or unfair standards imposed by errant contract of carriage, undertakings by the carriers but the indorsee (i.e. where the scope of this paper. It suffices to say cargo underwriter and financing banks jurisdictions during their trips around the the carrier that the vessel was seaworthy goods in transit are sold to a buyer by however that it triggered off a wave of homas Campbel said; are likely to involve another set of states. world. This was therefore the driving on the one hand and that he would endorsement on the bill of lading) who similar enactments in other jurisdiction “Coming events cast their Without a uniform code, there is no force of the international maritime carry out the voyage with reasonable had no say in the terms of carriage on and eventually led to the Hague Rules shadows before.” More means of guaranteeing the certainty and plenipotentiaries who assembled for diligence and without unjustifiable the bill of lading. Banks also suffered which survive till date. than any other words of predictability that all parties require to the Brussels Conventions of 1924 and deviation, regardless of the intention when they took such documents as T inspired wisdom, make rational and commercially viable 1968 when the Hague Rules and the of the parties. With the emergence of security on a commercial credit as their The Hague - Visby Rules this saying epitomizes decisions. This is more particularly so for Visby Protocol were signed. But again, let bills of lading, the courts would not negotiability became seriously eroded. The Hague Rules were drafted the portentous maritime trade which in the words of P. me digress briefly to tell an interesting allow the carrier to avail himself of the Bills of Lading in those days were indeed under the auspices of the Maritime emergence and the rise the Bill of Lading Manca in the book International Maritime story… protection of any of the perils of the parodies of the documents of title they Law Committee of the International to become the pre-eminent document of Law, has ‘an international character, the Another critical reason for the convening sea unless expressly stipulated in the were supposed to be as they merely Law Association at meetings held in trade in international shipping in the past logical corollary flowing from this truth of the Brussels Convention of 1924 was bill of lading. passed the risk with little or no rights London and The Hague in May and hundred years or so and the constantly is that the ideal legal system to govern the need to find an equitable middle Therefore, it is fair to note that in attached. September 1921. The rules were also changing shift in the balance of power it is a uniform one, that is identical in ground to the competing interests of the early days of shipping the carrier The struggle between the carriers and debated by the International Chamber of between the two parties to the contract every state…’ carrier and shipper, which had reached an was, for a while, the less protected shippers was not limited to Europe. It Commerce (June 1921) and the Comite typified by the Bill. A direct consequence of the nature of alarming crescendo with the replacement party in the contract for the carriage extended to the dominions (ex –Colonies Maritime International (October 1922) So, let’s take a second to ponder ‘what maritime trade is that carrier and cargo of sail by steam in the second half of of goods by sea and infact remained of the UK) and when somebody eventually before final signature at the Diplomatic exactly is the Bill of Lading?’ I will take the interests need to be constantly clear on the 1800s. so until sometime in the 18th century did something about it, it was the United Conference on Maritime Law specially easy way out and describe the history. who bears the risk of potential loss in The popular conception, especially when carriers adopted the strategy of States of America, which promulgated convened by the Belgian Government The evolution of the super document we order to procure effective insurance. The among cargo interests and their clausing the bills of lading to exempt the Harter Act in 1893. in August 1924. Since then, the rules all call the Bill of Lading today started insurers on their side require uniformity proponents is that the Hague Rules themselves from liability; starting initially The Harter Act was an attempt to find have been twice amended by the Visby with a bid by some frustrated shippers of rules to identify and evaluate risk were born out of a desire to protect with the common law excepted perils. an equitable solution to the stalemate and SDR Protocols of 1968 and 1979. to introduce some uniformity into the exposure and to determine their premium. the shipper from the age long dominance The industrial revolution brought about in the relationship between carriers As I have stated earlier, the rules international shipping of goods. Of Therefore, uniformity in this sense is not of the ‘all-powerful’ shipowner. It is also a swing in the balance of power between and shippers. It promulgated into law incorporated the compromise course, they had no idea what they uniformity for uniformity sake but, to noteworthy that the term ‘shipowner’ the shipower and the shipper. As global a middle ground (the Harter compromise) arrangement of sharing of risks between were getting into. quote Lord Diplock; ‘uniformity which when stretched to its full ramifications trade volumes gradually exceeded the which, one century after, remains the shipper and carrier pioneered by the US In the case of carriage of goods and will facilitate international trade, reduce represented the rich, industrialized nations carriage capacity of available ships the dominant philosophy behind shipper- Harter Act of 1893. A critical analysis international trade at large, it goes the costs of sea transportation and what of Western Europe versus the ‘shipper’ shipowner became King. Carriers suddenly carrier relationship in most states of of the substantive provisions of the without saying that any venture into cross is equally important…that means the being the less prosperous, mineral found themselves in a situation where the world. Hague – Visby Rules. border trade without the guarantee of same facts ought to give rise to the endowed nations of the world. The they could get away with exempting In simple terms, the Harter Act provided The key provision of the Hague uniformity of standards for all parties is same consequences in all the different reality however was that the balance of themselves from liability for various that the carrier cannot contract out of Rules is Article 3 (Responsibilities done at great peril of failure. Practically jurisdiction in which the matter may fall power between shipper and shipowner degrees of damages. They took full his duty for seaworthiness and care of and Liabilities) which lays down two speaking, every transaction to which the to be decided by the courts.’ was constantly shifting. advantage of this and by the close cargo and in return he is not liable for types of responsibilities and liabilities Hague and Hague - Visby rules may apply Consequently, as ships got bigger During medieval times, the shipowner of the 19th century, were regularly negligence in navigation or management of the carrier, which are to exercise due involves a minimum of two states; that and safer and global trade expanded, or carrier was regarded by both common exempting themselves from liability for of the ship. It therefore devised a unique diligence for the seaworthiness of the of the shipper and that of the consignee. it became necessary to guarantee that and civil law as strictly liable for the safe every conceivable wrongdoing, including solution to the problem of the carrier’s ship and to ensure that his duties as In most instances, the carrier is from neither shippers, carriers or consignees keeping and delivery of the cargo. It did for damages or losses occasioned by liability by making a distinction between a third country and other parties such would fall victim to unusual, unreasonable not matter if there were extenuating their negligence. faults in the navigation and management

40 theVoyage 2017 q4 theVoyage 2017 q4 41 report

bailee of the goods are undertaken in navigation in itself is exceptional and Hague Rules in Great Britain in 1923 such a way as to avoid loss or damage striking.’ (even before the Rules were eventually to the goods. Indeed Dixon J. in James Patrick & Co. signed), there was significant opposition The most contentious aspect of Pty Ltd. v. Union SS Co of New Zealand, to its adoption led by Scrutton L.J. who the Hague-Visby Rules is Article 4 stated that ‘…the master of a ship is no was the leading commercial judge of (1), which provides that the carrier ordinary servant. Both in responsibility his time. Scrutton L.J expressed the shall not be liable for loss or damage and in authority his position in special.... view that the rules were unclear and caused by unseaworthiness unless he An owner not only may, but must, place would rather than engender uniformity, has not exercised due diligence with his ship under the complete control and lead to more litigation. The joint regards to the sea/cargo worthiness of authority while at sea of a master duly committee of the Houses of Lords the ship. This is fair enough and the qualified to navigate and command her.’ and Commons constituted to evaluate Article would probably have escaped As should be expected, the nautical the rules expressed the view that the the severe scrutiny it has persistently fault exception has gone on to achieve ambiguous drafting ‘was to be expected suffered had it stopped there. the distinction of being the most litigated when it represented compromises and However, the Article goes on to list provision of the Hague Rules. It has, in concessions necessarily made in order 17 exceptions under clauses (a) – (q), some decided cases, been interpreted to secure an agreement.’ (Report from which effectively open a window for so broadly by courts that carriers have the Joint Committee on the Carriage of the carrier to escape liability for some escaped liability for improper stowage Goods by Sea (House of Lords – 16 July of the most heinous acts of negligence as it has been ascribed to a navigational 1923) This can however be ascribed to given the right courts and environment. and management error. This is because the series of trade offs and compromises No other rule personifies (in the mind of the difficulty in mastering the overlap involved in producing a multilateral of the shipper) this lopsided approach between decisions on ship management contract between opposing political to risk allocation as article 4(2) (a) which and those solely for cargo management. and commercial interests exempts the carrier from liability for ‘act, This has led to some contradictory Another problem was the difficulty in neglect, or default of the master, mariner, decisions. applying the limit of liability per package pilot or the servants of the carrier in It is perhaps reasonable to assume which was fixed at GBP 100 sterling the navigation or in the management that the position of the law is that laid gold value as by 1925 the sterling had of the ship.’ This is better known as down by the House of Lords in Gosse lost its convertibility into gold and each the ‘nautical fault exception.’ Millard Ltd. v. Canadian Government party state had to make the conversion From the perspective of cargo Merchant Marine, where the court held into its own currency with sometimes interest, this exception is symptomatic that if cause of the damage is solely or very inconsistent results. of everything wrong with the Hague even primarily a neglect to take care of The innovation of containers as they Rules being consistent with an apparent the cargo, the ship is liable, but if the were never envisaged by the Act, which disposition to allow the carrier avoid cause of the damage is neglect to take had emphatically stated that goods within responsibility for virtually all consequences reasonable care of the ship, or some part the contemplation of the Act did not of his actions. These opponents of of it, the ship is relieved from liability. If include deck cargo. the nautical fault conveniently omit the negligence is not negligence towards Warts and all the Hague Rules has to mention that it has its roots firmly the ship, but only negligent failure to maintained its dominant position as the embedded in the common law. use the apparatus of the ship for the primary yardstick for determining the The common law developed the nautical protection of the cargo, the ship is not contractual right of parties to a carriage fault exception in acknowledgement of so relieved. of goods agreement which has been the special nature of the shipowner/ Without further ado, we should codified in a Bill of Lading and was master relationship as ‘navigation of a proceed to a summary evaluation of only amended in 1992 and 2009 by the ship at sea is so much in the hands of the key challenges of the Hague Rules. Hamburg Rules and Rotterdam Rules. the master, officers and crew and so Firstly, it suffers from an unclear drafting These other Rules will be examined much out of the control of the owners technique and ambiguous provisions in subsequent editions. that failure of an owner to establish During the hearing conducted to no actual fault or privity in respect of consider the domestication of the

42 theVoyage 2017 q4 Signed: Management photo news photo news

5 6

1

7 7

2 3 8

1. l-R: Executive Director, Maritime Labour & Cabotage Services, education grant to David Adetula, a 200 level student of Mr Gambo Ahmed, Director General, Ghana Maritime Authority, Dentistry and Dental Surgery of the University of Ibadan who Mr Kwame Owusu, DG, NIMASA, Mr Dakuku Peterside, emerged second in the Essay Competition Executive Director, Administration and Finance, NIMASA, Mr 5. director General, Defence Research and Development Bureau, Bashir Jamoh and the Executive Director, Operations, Engr. Air Vice Marshall (AVM) Jomo Osahor presenting a plaque to Rotimi Fashakin at the signing of MoU between the agencies the Director General of the Nigerian Maritime Administration representing Nigeria and Ghana at the NIMASA Resource and Safety Agency (NIMASA) Dr. Dakuku Peterside, during a Centre, Kirikiri, Apapa, Lagos, 16 October 2017 courtesy visit by the Bureau to NIMASA in Lagos 2. director General, Ghana Maritime Authority, Mr Kwame 6. from Left: The Director General of NIMASA, Dr. Dakuku Owusu, (left) and the DG, NIMASA, Mr Dakuku Peterside Peterside, Executive Director Maritime Labour and Cabotage during the signing of MoU between the agencies representing Services NIMASA, Mr. Gambo Ahmed and The Executive Nigeria and Ghana at the NIMASA Resource Centre, Kirikiri, Director Finance and Administration NIMASA Mr. Bashir Apapa, Lagos Jamoh having a chat at the 23rd Nigerian Economic summit 3. chairman of the House of Representatives Committee on which held in Abuja. Maritime Safety, Education and Administration, Mohammed 7. the Director General of NIMASA, Dr. Dakuku Peterside (Center) Umaru Bago presenting cheque of N250,000.00 as education and other discussants at the 23rd Nigerian Economic summit grant to Habeebullah Asudemade, a first year law student which held in Abuja. of the University of Ibadan and the second runner up of 8. l-R: The Director General, Nigerian Maritime Administration the Essay Competition organised by the Nigerian Maritime and Safety Agency (NIMASA), Dr. Dakuku Peterside, Executive Administration and Safety Agency (NIMASA) to commemorate Secretary, Nigerian Shippers’ Council (NSC), Barrister Hassan the 2017 World Maritime Day Celebration Bello and the Legal Adviser of NSC during a presentation on 4. chairman, Senate Committee on Marine Transport, Senator “Introducing the Blue Sea Economy Concept” by the NIMASA 4 Ahmed Rufai Sani presenting a cheque of N350,000.00 as DG to the Management of NSC in Lagos.

44 theVoyage 2017 q4 theVoyage 2017 q4 45 capacity building capacity building

Some beneficiaries of the Nigerian Seafarers Development Programme (NSDP)

bound for Arab Academy of to make Nigeria proud as they for Master Degrees by the Arab Science, Technology and Marine are expected to return to the Academy to three female cadets NIMASA Offers Automatic Transportation in Alexandria, Egypt country after their training as who had distinctions in their fields to commence their mandatory better professionals that will help of study. Employment To 20 Cadets sea-time training, 89 others are develop Nigeria’s maritime sector. The Nigerian Seafarers bound for the South Tyneside “The least we expect from you Development Programme was College, United Kingdom for is to make our country proud”, conceived in 2008 as a deliberate With Distinction their on-board sea-time training, the DG reiterated. policy to ameliorate the dearth in making it a total of 239 in the Dr. Peterside thanked the certified and qualified seafarers …Commences first phase of sea time training first phase of the programme. Minister of Transportation, Rt. and of course the depletion of ...Hails Amaechi’s Commitment to Maritime Growth “As some of you may already Hon. Rotimi Amaechi for support seafarers in our national pool know, berth spaces are not easy and commitment to the growth due mainly to age and migratory to come by, therefore one of the of the nation’s maritime sector instinct for greener pastures by biggest challenges we had was and assured him of the Agency’s seafarers. The NSDP scheme was t was an emotional their various fields of study. unturned in changing the tide, sourcing for berth spaces for the continuous support in his quest implemented in September, moment when the The Director General who made hence the Agency’s determination cadets, coupled with the desire to transform the maritime sector. 2009 to complement full Director General this known during the flag-off to ensure that all the cadets in the of this administration to follow “Let me profusely thank the implementation of the Cabotage I of the Nigerian ceremony of the first phase of NSDP scheme get the mandatory due process in all our dealings. Minister of Transportation, Rt. Act, 2003, which in itself is geared Maritime the NIMASA fully sponsored sea sea time training in batches. We are pleased that we did Hon. Rotimi Amaechi who has towards strengthening indigenous Administration and Safety time training for cadets expressed While giving a breakdown not fall into the temptation of been up and doing about growing tonnage capacity with one of Agency (NIMASA) Dr. Dakuku delight that hope beckons for the of the beneficiaries of the taking short cuts at any time, we the maritime sector in Nigeria and its cardinal objectives being Peterside announced the Nigeria maritime sector through programme, he stated “so far have therefore engaged various to say to him to count NIMASA as that coastal vessels are to be decision of the Executive this feat. the NSDP initiative has produced Maritime Training Institutions to number one supporter and one exclusively manned by Nigerians. Management of the Agency to Speaking further, he 243 graduates, 1,600 cadets at provide this essential service”, the Agency that will go ahead and The dearth in certified and offer automatic employment to acknowledged the fact that sea various stages of completion of DG stated. support him to turn around the qualified seafarers in Nigeria twenty (20) beneficiaries of the time berth is a global challenge, the programme out of which 887 He also used the opportunity to fortunes of the nation’s maritime was a poignant reminder and Nigerian Seafarers Development which the International Maritime are ready for sea-time training”. congratulate the cadets and noted sector”, Dr. Peterside said. a wake-up call for the Agency, Programme (NSDP) Cadets that Organisation (IMO) also admits, In the first phase, 150 that they are the ambassadors of The high point of the event the NSDP scheme has not looked passed out with distinctions in but Nigeria is leaving no stone Cadets under the scheme are the country and enjoined them was the award of scholarship back since September, 2009.

46 theVoyage 2017 q4 theVoyage 2017 q4 47 photo news photo news

1. l-R: Minister of Foreign Affairs, Mr. Geoffrey Onyeama, the DG, NIMASA, Dr. Dakuku Peterside, the Minister of Transportation, Rt. Honourable Rotimi Amaechi, Chairman House Committee on Maritime Safety Education and Administration Hon. Umar Bago and a Maritime Stakeholder Mr. Okey Ajaero at the Cocktail Dinner in honour of Foreign Missions organized by the Federal Ministry of Foreign Affairs and the Federal Ministry of Transportation 2. l-R: Vice President, Arab Academy for Science, Technology and Maritime Transport, Dr. Alsnosy Balbaa, Executive Director, Finance & Administration, NIMASA, Mr. Bashir Jamoh, Director General, NIMASA, Dr. Dakuku Peterside and Executive Director, Operations, NIMASA Engr. Rotimi Fashakin during the flag off of phase 11 one (1) sea time training for the NSDP Cadets in Lagos. 3. l-R: Director General, Defence Research and 6 Development Bureau, Air Vice Marshall (AVM) Jomo Osahor, Director General of NIMASA, Dr. Dakuku Peterside, Executive Director, Operations, NIMASA, Engr. Rotimi Fashakin and Commodore Obenta in a photograph during a courtesy visit by the Bureau to NIMASA in Lagos 4. the Executive Director, Maritime Labour and Cabotage Services of the Nigerian Maritime Administration and Safety Agency (NIMASA) Mr. Ahmed Gambo, Dean, Faculty of Engineering and Technology of the Liverpool John Moore University, United Kingdom, Professor Ahmed Al-Shamma in a photograph with some of the NIMASA sponsored Nigerian Seafarers Development Programme (NSDP) cadets during their graduation ceremony from the Liverpool John Moore University, UK. 2 5. deputy Director, Maritime Labour Services of the Nigerian Maritime Administration and Safety Agency (NIMASA) and Coordinator of the Nigerian Seafarers Development Programme (NSDP) initiative of the agency, Mr. Victor Egejuru in a 7 photograph with some of the beneficiaries of the NSDP scheme during their graduation ceremony from the Liverpool John Moore University, UK. 6. l-R: Chairman Senate committee on Marine Transport, Senator Ahmed Rufai Sanni, the Director General of the Nigerian Maritime Administration and Safety Agency, Dr. Dakuku Peterside and the Syrian Head of Mission to Nigeria, Mohammed Abo Serriah having a chat at the Cocktail Dinner in honour of Foreign Missions organized by the Federal Ministry of Foreign Affairs and the FederalM inistry of Transportation 3 4 7. dg, NIMASA, Dr. Dakuku Peterside exchanging pleasantries with the Indonesian Ambassador to Nigeria, Mr. Harry Purwento during the Cocktail Dinner in honour of Foreign Missions organized by the Federal Ministry of Foreign Affairs and the 8 Federal Ministry of Transportation. 8. R-L: Director General, Nigerian Maritime Administration and Safety Agency (NIMASA) Dr. Dakuku Peterside, Executive Director, Finance and Administration, NIMASA, Mr. Bashir Jamoh and the Executive Director, Operations, NIMASA, Engr. Rotimi Fashakin at the sideline of the G7++ summit on maritime piracy held at Eko Hotel, Lagos. 9. R-L: Director General, Nigerian Maritime Administration and Safety Agency (NIMASA) Dr. Dakuku Peterside flanked by Executive Director, Finance and Administration, NIMASA, Mr. Bashir Jamoh (left) and the Executive Director, Maritime Labour and Cabotage Services, NIMASA, Mr. Ahmed Gambo at the sideline of the G7++ summit 5 9 on maritime piracy held at Eko Hotel, Lagos.

48 theVoyage 2017 q4 theVoyage 2017 q4 49 capacity building capacity building

Dr. Peterside

L-R: A maritime stakeholder, Engineer Emmanuel Ilori, Director General, Nigerian Maritime Administration and Safety Agency (NIMASA) Dr. Dakuku Peterside, Vice President, Arab Academy For Science, Technology And Maritime Transport, Dr. Alsnosy Balbaa, Executive Director, Maritime Labour & various stages of completion of the At this juncture, it is pertinent of the agency will award automatic Cabotage Services, NIMASA, Mr. Gambo Ahmed, Executive Director, Finance & Administration, NIMASA, Mr. Bashir Jamoh, Executive Director, Operations, NIMASA Engr. Rotimi Fashakin and another maritime stakeholder, Barrister Mike Igbokwe, SAN in a photograph with the newly graduated Nigeria programme out of which 887 are ready to first congratulate all the cadets employment to all those who bagged Seafarers Development Programme (NSDP) Cadets, during the flag off of phase 1 sea time training for the Cadets, organized by NIMASA, in Lagos for sea-time training. Sea-time training who are on the first list for On-Board first class honours in this group that is a critical aspect of the training of Training and reiterate that the whole we are presenting this award today. seafarers as it entails practical on country is depending on you, you I implore those of you bound to board training on sea going vessels, are therefore expected to be good sail to come back with even higher NIMASA Flags Off Sea with cadets spending a minimum ambassadors of Nigeria in Egypt, we laurels. of nine to twelve months on board expect nothing but the best, given the On behalf of the Executive ocean going vessels. As some of you choice the nation has made especially Management, I thank Professor Time Training for NSDP may already know, berth spaces are at a period in our national lives where Balbaa Alsnosy the Vice President, not easy to come by, therefore one other sectors of the economy are African and Asian Affair, Arab Address of the Director General of Nigerian Maritime Administration and Safety Agency (nimasa) of the biggest challenges we had yearning for funding, we implore Academy for Science, Technology on the occasion of the Flag Off of the Phase 1 of nimasa full sponsored Sea Time Training, for was sourcing for berth spaces for you to bring the flair and “can-do” and Maritime Transport and his the cadets, coupled with the desire spirit of Nigeria that has caught the team for their commitment to the Nigerian Seafarers Development Programme (nsdp) Cadets bound for Arab Academy for Science, of this administration to follow due attention of the world in various fields NSDP project, it is on record that Technology and Marine Transport, Alexandria, Egypt and Award of Plaque of Recognition for process in all our dealings. We are like medicine, engineering, law and you have been a worthy partner. I nsdp Cadets with outstanding academic achievements pleased that we did not fall into the even ICT across the globe to bear. thank the Ambassador and members temptation of taking short cuts at For the cadets who did not make the of staff of the embassy of Egypt in any time, we have therefore engaged list, there is nothing to worry about, Nigeria for their continuous support oday is a momentous another group of eighty nine (89) of seafarers in our national pool due various Maritime Training Institutions every one of you will be offered an and encouragement and I specially occasion, it represents cadets also within the first phase will mainly to age and migratory instinct to provide this essential service. opportunity to go on sea-time in 2018 thank the Executive Director, Maritime a watershed moment be proceeding to the South Tyneside for greener pastures by seafarers. I am delighted to announce to you and beyond according to schedule. Labour and Cabotage Services, Mr. in our journey and College (STC), UK for their on-board The NSDP scheme was timeously that the agency painstakingly chose In closing, I have left the best Gambo Ahmed, members of Staff T collective resolve sea-time training, making a total of implemented in September, 2009 the Maritime Training Institutions for the last, among us here are of the Maritime Labour Services/ to develop maritime two hundred and thirty nine cadets to complement full implementation strategically to position Nigeria in twenty cadets who left the shore NSDP Unit, the entire management capacity in Nigeria and demonstrates in the first phase of this programme of the Cabotage Act, 2003, which in bilateral relationships to boost the of this great country and excelled and staff of the agency for working our firm commitment to vigorously departing to Egypt consist of seventy itself is geared towards strengthening acceptability of Nigerian Certificate of academically, achieving feats in some assiduously for the success of the pursue indigenous human capacity seven (77) Deck and seventy three indigenous tonnage capacity with one Competency (CoC) or tickets in other instances that not even the nationals programme and this occasion. in line with global best practices. I (73) Engine cadets. of its cardinal objectives being that climes with long term goal of providing of the host countries had managed Finally, let me profusely thank the stand before you to announce that Permit me, distinguished Ladies coastal vessels are to be exclusively more jobs for Nigerian seafarers on to. I am proud to inform you that Honourable Minister of Transportation One Hundred and Fifty (150) Nigerian and Gentlemen to take you on a brief manned by Nigerians. The dearth in board vessels from other nationalities. these NSDP cadets shattered the Rt. Honourable Rotimi Amaechi, who Seafarers Development Programme journey of this programme so that you certified and qualified seafarers in The process and effort put in by the glass ceiling in the Philippines, the has been up and doing about growing (NSDP) Cadets are bound for Arab may appreciate how far we have come. Nigeria was a poignant reminder and agency to arrive at this auspicious United Kingdom and Egypt, they will the maritime sector in this country Academy for Science, Technology and The Nigerian Seafarers Development a wake-up call for the agency, the occasion has been enormous, but it continuously be used as reference and to say to him to count NIMASA Marine Transportation in Alexandria, Programme was conceived in 2008 NSDP scheme has not looked back is a social responsibility the agency points for academic excellence. I as number one supporter and one Egypt for the commencement of their as a deliberate policy to ameliorate since September, 2009. has shouldered and we are sure that congratulate all of you who have agency that will go ahead to support on-board training in the first phase of the dearth in certified and qualified Presently, the programme has over the maritime sub-sector of Nigeria made the country proud and to you to turn around the fortunes of the fully sponsored batch. In addition, seafarers and of course the depletion 243 graduates and 1,600 cadets at will be better for it as the fruit of encourage this honour you have the maritime sector in Nigeria. Thank the reward will be in multiples. brought the nation, management you all for listening.

50 theVoyage 2017 q4 theVoyage 2017 q4 51 milestone news House of Representatives Pass Climate Change Bill

he House of The sponsor of the bill, Hon. Sam is what informed the move of the Representatives Onuigbo, said that the need for a strong United Nations’ convention on climate has passed a bill national institution to address the change. to provide a legal effects of climate change compelled “The early coming into force of T framework for him to come up with the bill. the 2015 Paris Climate agreement mainstreaming of According to him, the absence of reinforced the necessity of a climate climate change responses and actions a law on issues of climate change has change legislation. into government policy formulation scared investors from investing in the “It will facilitate the domestication of and implementation. country. the agreement and enable Nigeria to The bill proposed the establishment “Today, there is no law on climate effectively implement its commitments, of a council to coordinate climate change, all we have are policies and particularly the emission reductions change governance as well as support that has been a serious setback for target,’’ he said. Kuje the adaptation and mitigation of the the country as far as climate actions The Climate change bill is now adverse effects of climate change in are concerned. before the Nigerian Senate for the country. “Climate change is a global issue consideration and onward passage that cuts across the world and that for executive assent. ILO Select Kuje, Others It will facilitate the as Regional Experts on domestication of the agreement and enable mlc, 2006 Convention Nigeria to effectively implement its commitments, particularly the emission mos Hosea Kuje., Republic, Cameroon and Singapore. Maritime Labour Compliance(DMLC) reductions target a Chief Maritime The objective was to consolidate Part I; Conduct of gap analysis; Speaker, House of Labour Officer in a pool of experts that the ILO Introduction to work in fishing, Representatives, A the Maritime Labour could rely on to provide technical the main differences with the Rt. Hon. Yakubu Dogara Department of the assistance to its member states MLC,2006 and Modern tools for Agency was one of regarding the implementation of training. the thirteen (13) globally selected the convention and the fulfilment The letter conveying Amos KUJE’s regional experts on Maritime Labour of their reporting obligations from nomination to the Nigerian Labour Convention, 2006, as amended around the world. The programme Attache’ at the Permanent Mission of (MLC,2006) by the International also covers elements of Convention Nigeria to the United Nation’s office Labour Organisation (ILO). No.188 of the Work in Fishing at Geneva Switzerland specifically In December, 2017, the ILO in Convention,2007. states that “ILO considers Mr Amos Geneva, Switzerland in conjunction The aim was to refresh and Kuje participation at the experts with its training centre in Turin Italy, update the experts on enforcement workshop in the light of his duty in organised a workshop for experts of the MLC,2006; the work of the implementation of MLC, 2006 on the Maritime Labour Convention, the committee of experts on in Nigeria, his experience in the 2006 as amended(MLC, 2006). The application of conventions and maritime sector. His membership of experts were selected from eleven recommendations; preparation of the pool of experts and in particular countries including United Kingdom, member states periodical reports the successful completion and France, Argentina, Australia, Italy, pursuant to Article 22 of the ILO submission of Nigeria’s first report Nigeria, Panama, Honduras, Korea Constitution; Drafting Declaration of on MLC,2006 as added incentives.” Maritime Fact 90 per cent of the iceberg is submerged below the water surface.

52 theVoyage 2017 q4 theVoyage 2017 q4 53 issues issues

Safeguarding International Regime The Conventions apply to spills of liability Convention and the 1992 Fund with knowledge that such damage would persistent oil from tankers that cause Convention. The 1992 Conventions have probably result. On Liability and Compensation for pollution damage in the territory (including also being made part of Nigerian law by iii. Compulsory insurance territorial sea) or the Exclusive Economic specific Ratification and Enforcement Acts The owner of a tanker carrying more Zone (or equivalent area) of a State party of the Federal Republic of Nigeria and also than 2000 tonnes of persistent oil as cargo Maritime Pollution Damage to the respective treaty instrument. They by virtue of Section 335(1) of the Merchant is obliged to maintain insurance to cover apply to ships which actually carry oil in Sipping Act, 2007. his liability and such insurance certificate bulk as cargo i.e generally laden tankers, The Nigerian Maritime Administration attesting the insurance coverage is required as well as to spills of bunker oil from and Safety Agency is vested with the to be carried aboard at all times. Claims for unladen tankers in certain circumstances. responsibility of implementing maritime pollution damage under the Convention may The Conventions do not apply to spills of conventions by virtue of Section 22(1)(q) be brought directly against the insurer of bunker oil from ships other than tankers. of the NIMASA Act 2007. the owner’s liability for pollution damage. Spills of gasoline, light diesel oil, kerosene, iv. Channeling of liability etc, therefore do not fall within the scope KEY PRINCIPLES ESTABLISHED BY THE Claims for pollution damage under the By Evi Constance Omagbemi from fishing . There are also hundreds of some of the victims who had to resort to of the Conventions. INTERNATIONAL REGIME 1992 CLC can be made only against the other shipwrecked tankers around the world the arrest of the owner’s other assets, her The 1992 CLC and Fund Convention i. Strict Liability registered owner of the ship concerned as INTRODUCTION which are potential threat to the marine sister-ship. Also, where an accident occurred have been widely accepted as evidenced The Convention imposes strict liability claims against the servants or agents of the environment. outside a State’s jurisdiction, international in the number of ratifications. Currently, (i.e. liability with or without fault) on ship owner, the pilot, the charterer (including a aritime pollution will Similarly, in the aftermaths of the ill-fated law was powerless to address the questions 137 States have acceded to the 1992 CLC, owners for pollution damage caused by bareboat charterer), manager or operator remain a matter of global Prestige oil tanker spill, it is reported that of liability and compensation. 114 States to the 1992 Fund Convention, oil spilled from the tanker as a result of of the ship, or any person carrying out concern as international over 4,500 fishermen in Spain were left Following the Torrey Canyon incident, while the Supplementary Fund protocol an incident. An exemption from liability salvage operations or taking preventive trade and carriage of goods out of work after the oil tanker sunk and it became apparent that traditional legal has been ratified by 31 State. ) Absent under the Civil Liability Conventions will measures are expressly prohibited. This by sea continues to thrive. its cargo of oil leaked. 22,000 dead birds principles were inadequate to deal with from the list of signatories to the new arise only if the Shipowner can prove that: however does not preclude victims from According to the World were also reportedly found in the polluted the consequences of pollution from ships regime however is the USA; a major shipping a. the damage resulted from an act of claiming compensation outside the CLC Bank, over 80 per cent of waters with 4.4 Billion Euros estimated and it was against this background that country, but also well-known for declining war, hostilities, civil war, insurrection from persons other than the owner. M international goods traded as the total cost of damage arising from the framework for the International liability to sign most maritime international treaties. or a grave natural disaster, or Claims for compensation for pollution are transported by sea and the volume of the incident. In Nigeria, there have been and compensation for oil pollution from The USA has its own very different pollution b. the damage was wholly caused by damage may also be brought directly against seaborne trade is expected to double by likewise series of oil pollution incidents ship was developed. prevention/compensation regime known sabotage by a third party, or the insurer or other person providing 2030 and quadruple by 2050. With the resulting in severe losses to the extent as the Oil Pollution Act 1990. c. the damage was wholly caused by financial security for the owner’s liability continued growth of maritime commerce that Nigeria was described as the “World THE INTERNATIONAL REGIME FOR Preceding the “new regime” was the the negligence of public authorities in for pollution damage . In such case the also come the risk of maritime pollution and Oil Pollution Capital” in a 2010 editorial LIABILITY AND COMPENSATION FOR 1969 International Convention on Civil maintaining lights or other navigational defendant may, even if the owner is not the need for the sustainable use of ocean by BBC’s Caroline Duffield. OIL POLLUTION DAMAGE Liability for Oil Pollution Damage and aids. entitled to limit his liability according to resources for economic growth, improved Indeed the framework on international Today, the International legal regime for the 1971 International Convention on the ii. Right to Limit Liability CLC avail himself of the limits of liability livelihoods and ocean eco system health liability and compensation for oil pollution liability and compensation for oil pollution Establishment of an International Fund for The owner of a ship can limit his prescribed therein. He may further avail as advocated for by the proponents of damage was birthed following the tanker damage is primarily codified in three treaties Compensation for Oil Pollution, referred liability in respect of any one incident to himself of the defences (other than the the blue economy concept. incident of the “Torrey canyon” and other of the International Maritime Organization to as the “old regime”. While both the an aggregate amount calculated according bankruptcy or winding up of the owner) There are various types of maritime chains of oil pollution incidents. The Torrey which are; 1969 CLC and the 1971 Fund Conventions to the tonnage of the ship. The current which the owner himself would have pollution and it would usually occur Canyon was a Liberian super tanker which i. The International Convention on Civil have been denounced by a number of limits of a shipowner’s liability as revised been entitled to invoke. Furthermore, when substances or energy is directly or grounded off the southwest coast of Liability for Oil Pollution damage 1992 States, the 1971 Fund Convention ceased by the Legal Committee of the IMO are the defendant may avail himself of the indirectly introduced by humans into the England in March 1967, spilling about (The “1992 CLC”) to be in force on 24th May 2002 when the as follows: defence that the pollution damage resulted marine environment resulting in harm to 80,000 tones of crude oil along the British ii. The International Convention on the number of 1971 Fund member States fell a. for a ship not exceeding 5000 units from the willful misconduct of the owner living resources, hazards to human health, and French coast and causing pollution in Establishment of an International Fund below 25. This paper will therefore focus of gross tonnage, 4,510,000SDR himself, but cannot avail himself of any hindrance to marine activities including a 200 mile arc. for Compensation for oil pollution on the new regime and examine the key (US$6,574,362.3 million); other defence which he might have been fishing, impairment of the quality of sea The accident caused the largest single Damage 1992 (“The 1992 Fund principles on liability and compensation as b. for a ship with a tonnage between entitled to invoke in proceedings brought water and reduction of amenities. The oil spill in maritime history at that time Convention”); and set forth therein. 5000 and 140,000 units of tonnage, by the owner against him. focus of this article is on ship-source oil and raised critical questions in international iii. 2003 Protocol to the International It is noted that for the applicable regime 4 510 000 SDR (US$6,574,362.3) plus v. Competence of courts pollution which is responsible for only about public law and international private law Convention on the Establishment of to be triggered, the resulting incident must 631 SDR (US$920) for each additional Actions for compensation under the 12 per cent of the oil entering the sea on pollution damage compensation . It an International Fund for Compensation come within the meaning of pollution unit of tonnage; and CLC and 1992 Fund Convention against each year but could lead to devastating is noteworthy that prior to the Torrey for oil pollution Damage 1992. damage as defined under the Conventions. c. for a ship of 140,000 units of the shipowner or its insurer may only be immediate and long term economic, social Canyon incident, there was no international (“Supplementary Fund Protocol”). The 1992 CLC define pollution damage tonnage or over, 89,770,000 SDR brought before the Courts of the State and environmental effect on a nation. agreement to protect persons who suffered These three Conventions which are as damage caused by contamination and (US$130,860,422.1). Party to the Convention in whose territory, In 2001, a cyclone off the island of Yap damage as a result of oil pollution. In the generally regarded to as the “the new include the cost of preventive measure The owner’s right to limit his liability territorial sea or EEZ or equivalent area in Micronesia disturbed the oil tanker USS Torrey Canyon incident, damage claims in regime” on liability and compensation for to prevent or minimize pollution damage. under the Convention would however be the damage occurred. Mississinewa, which was sunk during the Great Britain amounted to GPB 6 Million oil pollution damage introduced three tiers This definition is key as it forms the basis extinguished if it is proved that the pollution vi. Obligation of the 1992 Fund World War II . For two months, thousands and to FRF 40 Million in France. In the of compensation for victims of oil pollution of determining the admissibility of claims damage resulted from his personal act The obligation of the fund would only of litres of oil and gasoline leaked out of absence of an effective compensation damage. Only two tiers are applicable to under the new regime. or omission, committed with the intent arise where: the rusted ship wreck into the beaches system, most of these claims could not Nigeria, as Nigeria is not a signatory to Nigeria has ratified both the 1992 Civil to cause such damage, or recklessly and a. the shipowner is exempt from liability of the atoll, stopping the 700 islanders be settled, thus resulting to injustice for the 2003 Protocol.

54 theVoyage 2017 q4 theVoyage 2017 q4 55 issues issues

under the 1992 Civil Liability Convention of Transportation is currently developing because it can invoke one of the Guidelines that will assist potential victims exemptions under that Convention; in the submission of claims for damages or to the IOPC Fund. It is believed that the b. the shipowner is financially incapable Guidelines once in place would go a long of meeting its obligations under the way in aiding successful claims by Nigerian 1992 Civil Liability Convention in full victims in the event of an incident. and its insurance is insufficient to satisfy the claims for compensation THE SPANISH SUPREME COURT for pollution damage; or JUDGEMENT ON “THE PRESTIGE” c. the damage exceeds the shipowner’s INCIDENT liability under the 1992 Civil Liability i. Brief facts on the incident Convention. On 13th November 2002, the Bahamas- the shipowner, the ship’s management found guilty of a crime against the the shipowner. The Court therefore Court on the Prestige incident have been The 1992 Fund would however not registered tanker Prestige (42 820 GT), company and the Spanish Government environment. The Court considered that considered that the shipowner had met with much criticisms by the international pay compensation under the following carrying 76,972 tonnes of heavy fuel oil, were vicariously liable. the master, as the person responsible acted recklessly and with the knowledge maritime law comity/stakeholders who situations: began listing and leaking oil some 30 The proceedings were transferred to for the safe navigation of the ship and that damage would probably result contends that the judgment contradicts a. the damage occurred in a State which kilometres off Cabo Finisterre, Galicia, another court, the Audiencia Provincial in found that the master had breached and that therefore, applying Article established principles of the international was not a Member of the 1992 Fund; Spain. On 19th November 2002, whilst La Coruña, to conduct the criminal trial. his duty of care, with recklessness in V(2) of the 1992 CLC, the shipowner regime and may be deployed to break the or under tow away from the coast, the vessel Since the Chief Officer of the Prestige relation to the importance of the could not benefit from the limitation of shipowner/insurer’s right to limit their b. the pollution damage resulted from broke into two and sank. It released an could not be located, the proceedings affected natural resources, and the liability established by the Convention. financial liability under the Civil Liability an act of war or was caused by a spill estimated 63,200 tonnes of cargo and continued only against the master, the foreseeability of the risk. The master • Civil liability of the Insurer - The Convention. from a warship; or impacted Spain, France and Portugal. Chief Engineer of the Prestige and the was given a two-year prison sentence. judgment found that the insurer, Following the judgment the Spanish c. the claimant cannot prove that the The Prestige was an oil tanker which civil servant who had been involved in It was held that the master sailed in the London P&I Club, had direct civil Maritime Law Association held a monographic damage resulted from an incident had been in service for some 26 years, after the decision not to allow the ship into a a risky navigation, transporting a liability, up to the limit of the insurance session dedicated to the judgment, where involving one or more ships as defined . having been built in Japan in 1976 at the place of refuge in Spain. Under Spanish dangerous cargo which exceeded the policy of US$1 000 million. The Court there was a widespread view that the vii. Limit of compensation yards of Hitachi Shipbuilding & Engineering law, civil claims may be submitted in the vessel’s capacity, on board an old vessel applied domestic law (criminal law, judgment was flawed from a maritime law The maximum amount payable by Co. The Prestige was commanded by criminal proceedings as the criminal court on which the autopilot system and law of insurance and law of maritime point of view. One of the chief criticism the 1992 Fund in respect of an incident Captain Apostolos Ioannis Mangouras, will decide not only on criminal liability coils used to heat the cargo did not transport) to decide that the insurer of the judgment is that an error in law occurring before 1 November 2003 was aged 67, who was taking medication but also on civil liability derived from the work and which had a stern towing should pay compensation up to the occurred when it broke the limits of liability SDR 135 million, including the sum actually following heart surgery; the Chief Officer criminal action. The criminal court had the system that did not comply with the amount in the policy of insurance. of the CLC by holding the London P&I club paid by the shipowner (or its insurer) under was Ireneo Maloto, aged 38 and the Chief powers to award compensation for losses applicable standards. The judgement • Liability of the 1992 Fund - The judgment liable for amounts in excess of the CLC the 1992 Civil Liability Convention. The Engineer was Nikolaos Argyropoulos, aged suffered as a result of the spill. also found that the master repeatedly recognized that the 1992 Fund has strict Limits. The limits of liability set out in the limit was increased by about 50.37% to 63. None of them had a criminal record. The Audiencia Provincial (Criminal Court) rejected the towage requested by the liability which was limited according conventions are the essential quid pro quo SDR 203 million on 1 November 2003. The The crew was composed of 24 seafarers of in La Coruña issued its judgment on 13 Spanish Maritime Authority. to the 1992 Fund Convention. for shipowner’s for agreeing to a strict increased limit applies only to incidents Philippine nationality, almost all of whom November 2013 and found the master, • Civil liability - Under Spanish criminal • Damages - The judgment established liability under the Civil Liability regime and occurring on or after this date. were young and inexperienced. At the the Chief Engineer of the Prestige and law, the person with criminal liability that the quantification of the damages the judgment could seriously undermine viii. Admissibility of Claims for Compensation time of the incident, France, Portugal and the civil servant who had been involved also has civil liability for any damage will be made at a later stage in separate the system of shared liability that has been by the Fund Spain were Parties to the 1992 CLC and in the decision not to allow the ship into caused by the criminal act. In relation legal proceedings in the Criminal Court granted therein. The 1992 Fund can pay compensation the 1992 Fund Convention. The Prestige a place of refuge in Spain, not criminally to the civil liability arising from the and will be based on the evidence At meetings of the IOPC Fund in London, to a claimant only to the extent that his was insured for oil pollution liability with liable for damages to the environment. The criminal act, the Court consequently submitted by all the parties, including State parties to the Conventions have also claim is justified and meets the criteria the London P&I Club. master was convicted of disobeying the found the master liable for damages. experts’ reports. expressed concerns on the judgment. The laid down in the 1992 Fund Convention. The limitation amount applicable Spanish authorities during the crisis and • Civil liability of the Master - After Following the Spanish Supreme Court delegation of Spain to meetings of the IOPC To this end, a claimant is required to prove to the Prestige under the 1992 CLC is was sentenced to nine months in prison. recognizing the channelling of judgment, in November 2017, the Court Fund however maintains that the judgment his claim by producing explanatory notes, approximately SDR 18.9 million or €22 He did not however serve any additional liability under the 1992 CLC, the in La Coruña (Audiencia Provincial) which is not inconsistent with the Conventions invoices, receipts and other documents 777 986. In May 2003, the shipowner time in prison since he had already served Court considered however, that was initially seized of the proceedings and that since there were varied views to support the claim. For a claim to be deposited this amount with the Criminal a period under detention. the master could not benefit from delivered a judgment on the quantification on the judgment, it’s probable that the accepted by the 1992 Fund, it has to be Court in Corcubión (Spain) for the purpose As regards the damages arising out of the protection under Article III(4) of of the losses resulting from the Prestige judgment had been misunderstood. proved that the claim is based on a real of constituting the limitation fund required the incident, the Criminal Court can only the 1992 CLC because the damage incident. It confirmed that the 1992 Fund It is however astonishing that a notable expense actually incurred, that there under the 1992 CLC. declare civil liability when there has been was a consequence of the master’s is liable for damages resulting from the number of stakeholders could have was a link between the expense and the ii. The Spanish Proceedings a criminal offence. The judgment found recklessness, with the knowledge that spill in accordance with the 1992 Fund misunderstood the judgement by the incident and that the expense was made In July 2010, upon conclusion of an that the only criminal offence was the the damage could occur. Thus, the Convention and awarded over €1.6 billion in Spanish Supreme Court. According to the for reasonable purposes. investigation into the cause of the incident, it disobedience of the master. However, since Court justified a finding of civil liability compensation which includes €1.57 billion spokesman for the London Club who was The 1992 Fund considers each claim was decided by a Criminal Court in Corcubión this was not the cause of the damage, the of the master. payable to the Spanish Government, €61 the insurer of the prestige tanker, there are on the basis of its own merits and in the that four persons should stand trial for Court could not make a pronouncement on • Civil liability of the shipowner - The Court million to the French Government as well as several complicated and outstanding legal light of the particular circumstances of the criminal and civil liability as a result of the any civil liability arising from the damage. held that the shipowner had subsidiary various amounts to individual claimants. It issues that need to be addressed from the case. It is noted that the claims submitted Prestige oil spill, namely, the master, the The decision of the criminal court was civil liability upon the consideration must be noted however that the maximum judgment. He described the judgment as to the Fund from Nigeria in respect of Chief Officer, the Chief Engineer of the appealed and in January 2016, the Spanish that the shipowner was responsible amount of compensation under the 1992 extremely surprising, highly unusual and two incidents involving the Redfferm and Prestige and the civil servant who had been Supreme Court rendered its judgment after for the lack of proper maintenance CLC and the 1992 Fund Convention is SDR rendered through a contorted application JS Amazing were rejected by the Fund involved in the decision not to allow the consideration of the appeals submitted of the ship and that the fault that 135 million which corresponds to about of law to facts. The view expressed by the for several reasons such as time bar and ship into a place of refuge in Spain. In the against the judgment of the Criminal Court. caused the fracture of the ship was €171 520 703. International Chamber of Shipping is that the lack of credible information to back decision, the Court stated that the London The Supreme Court judgment overturned due to a structural failure known to the the judgment seemed entirely unbalanced; up the claims. It is worthy to point out P&I Club and the 1992 Fund were directly the judgment of the La Coruna Court of shipowner. The judgment also stated IMPLICATION OF THE SPANISH SUPREME as it applied different standards in assessing that the National Standing Committee on liable for the damages arising from the Appeal as follows: that the same considerations which COURT JUDGMENT the blame-worthiness of the master of the the IOPC Fund implementation in Nigeria incident and that their liability was joint • Criminal Liability - The master was applied to the master also applied to The judgment of the Spanish Supreme which is chaired by the Federal Ministry and several. The Court also decided that

56 theVoyage 2017 q4 theVoyage 2017 q4 57 issues health

vessel to those applied to the Spanish government officials. In view of the number of disquiets by international maritime stakeholders on the Spanish Supreme Court judgment, the importance of ensuring the effectiveness of the international regime, especially with respect regards to interpretation and Maritime Medical Certificates: application of the established principles by national courts continues to be echoed by international observers. The possible contrary to public policy in the to the international Conventions are to Purpose, Process and Pitfalls impact of the judgment on the international Member State in which recognition uphold the principles set forth in these shipping industry also remains a matter is sought; Conventions in interpreting questions of concern. ii. where it was given in default of of law when they arise. By DR ENO TRACEY PETERS For safe operation of ship e.g poor eye sight Notwithstanding the widespread appearance, if the defendant was A judicial pronouncement on the To safe guard personal health and safety criticisms of the Spanish Supreme Court not served with the document which limitation of liability principle established History of seafaring Judgment, Article X (1) of the Civil Liability instituted the proceedings or with by the international regime is not probable octor Emilio Ruiz, captures the essence Process of medical certification Convention is to the effect that any an equivalent document in sufficient by the courts in Nigeria anytime soon in of maritime medical certification in the Accreditation of hospitals judgment given by a court with jurisdiction time and in such a way as to enable view of the fact the damages sought by quote according to (Nieto Antúnez- 1968), Seafarer presents to the clinic/ check the list of accredited and which is enforceable in the State of him to arrange for his defence, unless the Claimants in the action instituted on says: “A ship was a place of suffering” without hospitals online origin and no longer subject to ordinary the defendant failed to commence the Redfferm incident is within the limits light in the compartments without ventilation, Required History taking, Physical examination and relevant forms of review should be recognized in proceedings to challenge the judgment of liability of the 1992 Conventions, while D flooded by sea water, filtrated through the investigations are carried out any contracting State. when it was possible for him to do the action instituted by the Claimants in seams and accumulated in the bilges, where Issuance of certificates of fitness if fit Despite the London P&I Club being so; the JS Amazing incident was dismissed in decomposed and mixing itself with detritus If candidate is found unfit, he /she is given the options to either ordered to pay up to US$ 1,000,000,000, ii. If it is irreconcilable with a judgment in December 2016, following a notice of and organic remains of all type rotted wood and gave off stinking Contest the results by the Spanish Courts, on 13 February given in a dispute between the same discontinuance filed by the Claimants. gases which stuffed the air. Further on, they never worried about Treat identified medical conditions 2013 an arbitration award was issued in parties in the Member State in which Nevertheless, the position of the law clothes and nourishment, they did not store the food supplies Re-present for Medical Evaluation after treatment London against Spain (another arbitration recognition is sought; in Nigeria with regards to the applicability in a good place, there was a bad pipe system for water and it award was issued against France on 3 July iii. if it is irreconcilable with an earlier of international treaties remains settled got polluted. Sailors wondered around in dirty and filthy clothes Criteria for Accreditation of Facilities for 2013), pursuant to which, it was established: judgment given in another Member as the courts have held that the object and when they got sick they where put ‘underground’, where not Medical Certification that any claim made against the London State or in a third State involving the of an international treaty is to provide a even the healthy ones survived. They did not care about the crew’s Presence of qualified medical practitioners P&I Club in excess of €22,777,986 (the same cause of action and between uniform international code in the areas wellbeing and they accepted the casualties for the sake of sailing”. Accessibility of facilities limit of the insurer’s liability, according to the same parties, provided that the that it covers . In the case of Cameroon Assessment of facilities article VII.8 of the CLC) must be subject to earlier judgment fulfils the conditions Airlines vs. Otutuizu (2012) 4 NWLR (Part Medical Certificates Attendance of two seafarers medical workshop. arbitration pursuant to the Rules of the necessary for its recognition in the 1238) p. 215, Hon. Justice Rhodes –Vivour, A medical certificate is a legal document from a Doctor confirming Compliance with NIMASA’s guidelines on the procedures for the London P&I Club. The award also established Member State addressed. JSC declared thus: the state of someone’s health. conduct of Seafarer’s medical examinations. that the London P&I Club has the right While it may be very difficult to “…All Countries that are signatories A valid national seafarer medical certificate must be issued in Understands the ethical position as examining medical practitioners to apply the “pay to be paid” rule for any successfully enforce the Spanish Supreme to an international treaty apply it without accordance with the requirements of the Maritime Authority of acting on behalf of NIMASA, by ensuring that any conflicts with amount of compensation that it must pay Court judgment in view of the English recourse to their respective domestic law”. any country. this are recognized and resolved. in excess of the aforementioned amount, judgments/arbitral award on the matter, In the Cameron Airlines’ case, the Will refer any medical problems found, when appropriate, for from where it follows that in the absence it is hoped that the eventual enforcement applicable convention was the 1999 Types of medical certificates in maritime further investigation and treatment, whether or not a seafarer of a prior payment by the member, the of the Spanish Court judgments by the Montreal Convention (formally, the Medical certificate of fitness is issued with a medical certificate. London P&I Club would not be, liable to judgment creditors would not result in Convention for the Unification of Certain First aid certificate pay any amount to Spain. The London P&I unfavourable effect on the international Rules for International Carriage by Air) Advanced Medicare certificate. Role of SARBC in Medical Certification Club sought permission to enforce the regime on liability and compensation for and the Supreme Court of Nigeria in Pre certification counseling arbitration award as a judgment, which oil pollution damage which has paid about an unanimous decision set aside the Components of a Medical certificate Selection and accreditation of hospitals was granted by the High Court on 22 £600 million in compensation claims since judgment of the lower court which Employee’s details Auditing of selected hospitals October 2013. its establishment. awarded damages in excess of the Precise diagnosis or description of the condition and symptoms Periodic evaluation of accredited hospitals It is noteworthy that the Spanish liability limits set forth in the Montreal Cause of the condition Regulate the issuance of certificates Supreme Court judgment makes no CONCLUSION Convention. Date of injury Record keeping of certificates reference whatsoever to the above While the question of complete Arising from the foregoing, it may Date the employee first sought treatment for the condition Research mentioned award or the subsequent uniformity and reciprocity in the practices therefore be safe to predict what Details of any pre-existing or contributing factors court judgment. However, it has been of States as regards the international the attitude of Nigerian courts would Recommended treatment Pitfalls opined that it is unlikely that a Spanish compensation regimes relating to oil be on the applicability of relevant Fitness for work/ Not work Infrequent seafarers workshops judgment that is not compatible with a pollution damage continue to be debated, international treaties, including the 1992 The legally qualified medical practitioner’s signature and date. Infrequent training for staff involved in Maritime prior English ruling will be enforced in it must be noted that the regime remains Civil Liability Convention and the 1992 Health the United Kingdom based on relevant one of the most successful compensation Fund Convention. Types of Certificates given from SARBC Forgery ofcertificates EU Regulations. (EC) No 44/2001 of 22 schemes in existence over the years . Finally, as the idea of the blue Pre-Cadet Medical Certificate Lack of electronic documentation of medically certified December 2000 on jurisdiction and the Consequently, the preservation of the economy continues to gain momentum Pre-Sea Medical Certificate seafarers for confirmation by stakeholders recognition and enforcement of judgments regime is most desirable in order to in Nigeria, in addition to the push for a Periodic Medical Certificate Delays in procurement process in production of certificates. in civil and commercial matters. continue to afford victims of oil pollution change in Nigeria’s export trade terms In conclusion , every seafarer holding a certificate issued under By virtue of Article 34 of the EU incidents access to international relief. from FOB to CIF which is expected to Purpose of Medical Certificates in maritime industry the provision of the STCW convention, who is serving at sea must Regulation No. 44/2001, A judgment In order for this to be achieved, further boost the maritime sector, the To determine individual who can safely and effectively perform also hold a valid seafarers medical certificate issued in accordance shall not be recognized: the concerted effort of international need to honour international maritime their routine and emergency duties at sea. with the provisions of STCW convention. i. if such recognition is manifestly maritime stakeholders is required. In obligations also becomes key in order To reduce risk of disease spread to other crew members e.g. • DR. ENO TRACEY PETERS, M.B.B.CH, MSC, GRADIOSH, particular, national courts of State parties to gain trust internationally. from food handlers, sexually transmitted diseases DIPOCMED.

58 theVoyage 2017 q4 theVoyage 2017 q4 59 sports sports

Nigerian Super Eagles Drawn in Group D

History of Super Eagles Participation at the World Cup Finals

s Nigeria will be one of Amunike in the 25th minute. Nigeria were goal and a loss to Paraguay. The team’s Africa’s representatives within two minutes of qualifying for the hope of surpassing its 1994 performance at Russia 2018 FIFA Quarter finals of the 1994 World Cup in was shattered after a 1-4 loss to Michael World Cup, it is pertinent to the game against Italy but Roberto Baggio Laudrup led Denmark. historically examine scored to take the game to extra time. He Since then, the Super Eagles have A the participation of the also scored the eventual winning goal that participated in all the world cup finals Amaju Pinnick, President NFF Gernot Rohr, Super Eagles Coach team in the past 2 made the game end in a 2-1 in favour of except the 2006 edition which took place decades at the senior the Italians. in Germany. FIFA World Cups. In Korea/Japan 2002, Vincent Enyeama It should be noted that Nigeria has FRANCE 1998 WORLD CUP made his debut in a team led by Coach Chief By Osagie Edward The Super Eagles have met and 2,454 goals were scored in participated in 5 FIFA World Cups since her In 1998, Nigeria returned to the World Onigbinde and in 2010 in South Africa, the Argentina four times at the World 868 matches. debut participation in USA ’94 only missing Cup alongside Cameroon, Morocco, Tunisia Super Eagles failed to qualify from their out of the 2006 World Cup in Germany. It is and South Africa. Optimism was high due group as they lost two matches to Greece he Super Eagles of Cup and lost all the games but have Nigeria scored 14 goals in 8 also worthy to note that the Super Eagles to its manager Bora Milutinovic and the and Argentina. and picked up just a point Nigeria will begin never faced Croatia and Iceland matches during the qualifying series. of Nigeria have faced the Argentine national return of most of the 1994 squad members from a draw with South Korea. their 2018 World in the tournament. team at every edition of the world cup they coupled with the inclusion of Atlanta 1996 In 2014 world cup in Brazil, Super have participated and the 2018 edition will Olympic Football Gold Medalists. In the final Eagles drew their opening match with Iran, Cup campaign against Nigeria qualified from the African not be any different as they have been drawn tournament, Nigeria were drawn into Group defeated Bosnia and Hezergovinia one nil in T Croatia on June zone with 13 Points. The team won in the same group again. D with Spain, Bulgaria and Paraguay. Nigeria the second match and lost 2-3 to Lionel Messi 16th 2018. three of their group games and scored a major upset by defeating Spain led Argentina, yet qualified for the second USA 1994 WORLD CUP 3-2 after coming back twice from being round where the team faced the French The three-time African Cup of drawing two in Group D that had Nigeria reached the World Cup for the 1-0 and 2-1 down with goals from Garba national team. The Joseph Yobo captained Nations winners who qualified for Zambia, Algeria and Cameroon. The first time in 1994. They were managed by Lawal, Mutiu Adepoju and a stunning half team lost that match by two goals to nill the World Cup for a sixth time only match Nigeria lost was due to Clemens Westerhof. Nigeria topped its volley from outside the 18 yard box by making our dream of reaching the quarter group which included Argentina, Bulgaria Sunday Oliseh. The Eagles qualified for finals at the world cup to wait another four will face Croatia at the Kaliningrad technical reasons. FIFA deducted and Greece. In its first game, Nigeria defeated the second round with a 1-0 win against years. 2018 is at hand and history beckons Stadium in their opening game. three points from Nigeria’s total Bulgaria 3-0 with goals from goal King, Late Bulgaria with the help of Victor Ikpeba’s for the Mikael Obi led team to excel. Gernot Rohr’s side will face after it was discovered that the Rashidi Yekini, Daniel “The Bull” Amokachi and Emmanuel Amunike. The team lost Iceland at the Volgograd Arena country fielded an ineligible player its second game 2-1 to Argentina. Nigeria NIGERIA’S 2018 WORLD CUP GROUP SCHEDULE: six days later on 22nd June. in the final match against Algeria. qualified for the second round after a 2-0 16 June, 2018: Croatia vs Nigeria (Kaliningrad Stadium) The Super Eagles will face 32 teams are participating in victory over Greece. In the second round, Nigeria played Italy 22 June, 2018: Nigeria vs Iceland (Volgograd Arena) Argentina in their final group game the world cup finals in Russia. and took the lead with a goal from Emmanuel 26 June, 2018: Nigeria vs Argentina (Saint Petersburg Stadium) on 26 June at the Saint Petersburg During the qualifiers, 209 teams Stadium. participated from 6 confederations

60 theVoyage 2017 q4 theVoyage 2017 q4 61 NIMASA Employee of the Month

Titus ajayi october 2017

oru orubau inetsol november 2017

62 theVoyage 2017 q4