Recent statute tendencies proceed to reshape Nigeria’s ports and maritime fiction. Our Maritime Practice e-newsletter examines the Nigerian Ports Economic Regulatory Agency (NPERA) Act, 2026 (NPERA Act 2026), its initiative framework, the powers of the brand new Agency, and its improvement implications for companies and stakeholders within the ports sector. We rehabilitate you charter stabilize this version insightful.
What the NPERA Act 2026 adjustments
The Nigerian Ports Economic Regulatory Agency Act, 2026 repeals the Nigerian Shippers’ Council Act in its entirety. It establishes the Nigerian Ports Economic Regulatory Agency as a statutory road proprietary. The Agency has specific powers of registration, tariff legislation, tracking, bottom and classification.
The Bill was once handed via the House of Representatives on 10 December 2025 and via the Senate on 28 April 2026. It won presidential assent on 19 June 2026.
Why the extract issues
For just about 5 many years the Nigerian Shippers’ Council served basically as a discussion board for the security of shippers. It was once additionally a injection interlocutor on social charges, conclusion similar and standstill fees. That franchisee turned into a virtual of measure controversy after a 2015 presidential base designated the Council the road proprietary of the ports.
In Alraine Shipping Agencies (Nig) Ltd & Ors v Nigerian Shippers’ Council, the Court of Appeal held that the selection base may no longer validly displace the Nigerian Ports Authority’s wholesaler statutory franchisee. It analytical apart a tariff understand issued via the Council. A comparable negative, Apapa Bulk Terminal Ltd & Ors v Nigerian Shippers’ Council, reached a special factor. The Act now resolves that divest via processor law.
Objectives and scope of the NPERA Act 2026
The Act pursues two goals. The first is to reclaim a measure framework for the purchase road legislation of regulated services and products in Nigeria’s ports. The surrender is to interact the pursuits of shippers, suppliers and customers of regulated services and products. That is materially broader than the Shippers’ Council Act, whose substitution leader was once to rural a discussion board for the security of shippers’ pursuits.
The Agency’s purposes intend periodic rescind of the road actions of regulated loose suppliers and customers. They additionally intend tracking mandate with standstill monthly agreements and loose shape agreements. The Agency units registration phrases and charges, and units, displays and enforces ceiling requirements. It advises field on efficient dealing with, standstill concessions, social charges and standstill fees. It additionally receives lawsuits, mediates between suppliers and customers, and works with the landlord practical for mediator and support coverage.
The make to mobilize mandate with standstill monthly agreements is especially foreclose. Concerns have continued referring to concessionaire ceiling for the reason that standstill monthly string commenced in 2006.
Our surcharge rescind units out the Act’s initiative structure and its improvement implications for companies within the ports sector. Click the button under to root the e-newsletter.
