The Nigerian Maritime Law Association (NMLA) has urged the federal government to urgently enact a standalone act and establish a robust legal framework to drive the National Single Window (NSW) project, as ongoing setbacks continue to hamper cargo clearance at Nigerian ports. The maritime lawyers cautioned that the absence of a clear legal framework could create loopholes that may impede enforcement and implementation, particularly by government agencies.
Call for legislative backing
Speaking at the association’s fourth maritime industry breakfast meeting in Lagos, NMLA President Mike Igbokwe stressed that the NSW initiative should either be backed by a standalone Act of the National Assembly or incorporated into existing legislation, such as the Business Facilitation Act, through amendments. He argued that a legal framework is essential to drive the process, noting that without proper legislative backing, the NSW initiative could face legal challenges.
Igbokwe pointed out that there is currently no clear legal provision defining the operational structure, implementation process, or the agency responsible for coordinating the NSW system. He described the situation as urgent, noting that implementation appears to have commenced despite the absence of an enabling law. “We believe it is better to have legislation in place before implementation. But what we are seeing now is that implementation has started without an Act of the National Assembly enacted to drive it,” he said.
Overlapping functions and delays
The maritime lawyer also highlighted the longstanding challenge of overlapping responsibilities among government agencies operating in the port sector. He explained that the NSW system would help harmonise operations and reduce delays in cargo clearance and export procedures. “We have overlapping functions, multiple agencies doing different things. That wastes time, effort and money. The idea is to harmonise everything through one single window so that all agencies are connected and people do not have to move from one agency to another for different stages of cargo clearance,” Igbokwe stated.
Legislative timeline and political will
Addressing concerns about how quickly the proposed legislation could be enacted, Igbokwe acknowledged that the legislative process in Nigeria is often slow due to political distractions and competing priorities within the National Assembly, especially with the elections. However, he maintained that swift passage remains possible if the political will exists, particularly with executive backing. He warned that delays in implementing an effective framework were contributing to cargo diversion from Nigerian ports to neighbouring countries due to high transaction costs and cumbersome port processes. “The nation is bleeding. Because of the high cost of imported goods arising from the multiplicity of procedures and costs, many goods meant for Nigerian ports are going to neighbouring ports. We are losing revenue,” Igbokwe stated.
Regulatory reform for sustainability
On his part, the Director of the NSW Project, Tola Fakolade, emphasised that regulatory reform is important for the NSW, noting that it would ensure sustainability and insulate the platform from significant political influence. He added that a clear legal framework would provide stability and predictability for all stakeholders involved in port operations.
