A maritime expert, Okey Ibeke, has called for a clear separation of responsibilities between the newly established Nigerian Ports Economic Regulatory Agency (NPERA) and the Nigerian Ports Authority (NPA).
Ibeke, Principal Consultant at International Trade Services Ltd., said clear institutional boundaries would be essential to preventing jurisdictional conflicts and ensuring the effective implementation of Nigeria’s new port economic regulatory framework.
His comments followed President Bola Tinubu’s assent to the Nigerian Ports Economic Regulatory Agency Act, 2026, which provides a permanent statutory foundation for economic regulation of Nigeria’s seaports.
Preventing Another Layer of Institutional Rivalry
According to Ibeke, the new law presents an opportunity to improve transparency, competition, service standards and accountability within Nigeria’s port economy.
However, he warned that unclear boundaries between NPERA, NPA and other maritime institutions could create another layer of institutional rivalry.
The central question, he said, is where NPERA’s economic regulatory jurisdiction ends and where the statutory responsibilities of the NPA begin.
For years, the Nigerian Shippers’ Council operated as the country’s economic regulator under an interim arrangement. The new Act is expected to provide a stronger statutory foundation for functions including tariff regulation, competition, service standards and commercial dispute resolution.
NPA Remains the Port Authority
Ibeke stressed that economic regulation should not be confused with port administration.
Under the existing framework, the NPA remains responsible for port infrastructure, the port estate and the administration of port operations.
This distinction becomes particularly important under Nigeria’s landlord port model, in which private terminal operators undertake cargo-handling and terminal operations while the NPA retains responsibility for infrastructure and its relationship with concessionaires.
Concessions Require Clear Boundaries
Port concessions are among the areas where clearly defined responsibilities will be especially important.
Ibeke argued that NPERA should be able to regulate the economic performance of concessionaires, including compliance with approved tariffs, service standards and competition rules.
However, this should be distinguished from determining who receives a concession, negotiating its fundamental terms or administering the NPA’s landlord interests.
He warned that if two government institutions exercise competing authority over the same concession, the result could be uncertainty for government, investors, operators and port users.
Licensing and Port Charges
The expert also called for clarity over licensing responsibilities.
Nigeria’s port environment involves different categories of licences and approvals covering port facilities, economic services, shipping, safety, security, customs and professional activities.
Ibeke said there should be a clear distinction between authorising an entity to operate a port facility and regulating the economic conditions under which an authorised operator provides services.
A similar principle, he said, should apply to port charges.
While the NPA should retain its statutory authority over legitimate port dues and revenues arising from its functions, commercial charges imposed by terminal operators, shipping companies and other service providers should be subject to appropriate economic scrutiny.
Government Agencies Urged to Develop Regulatory Map
Ibeke called on the Federal Ministry of Marine and Blue Economy, NPERA, NPA, NIMASA, Nigeria Customs Service, Infrastructure Concession Regulatory Commission and other stakeholders to develop clear implementation guidelines.
Such a regulatory framework, he argued, should clearly identify which institution is responsible for concessions, licensing, tariffs, port dues, commercial charges, infrastructure, operations and dispute resolution.
The objective, he said, should be to make NPERA an economic referee rather than another landlord.
The new regulatory framework is therefore entering a critical implementation phase.
For Nigeria’s maritime sector, the success of the NPERA Act may ultimately depend not only on the powers granted to the new regulator but also on how effectively those powers are coordinated with the NPA and other maritime agencies.
Clear mandates, effective coordination and regulatory certainty will be essential if Nigeria is to build a more competitive and investor-friendly port economy.
