ASSESSMENT OF THE CURRENT LEGAL REGIME OF CARGO, PASSENGERS AND CARRIAGE OF GOODS BY SEA IN NIGERIA

Abstract

The maritime sector remains a cornerstone of Nigeria’s economic development and international trade relations hence, the legal regime governing the carriage of goods and passengers by sea holds far-reaching implications for economic growth, maritime safety, and national security. This paper critically examines the existing legal and institutional framework regulating maritime carriage in Nigeria, focusing on major statutes such as the Carriage of Goods by Sea Act (COGSA), the Merchant Shipping Act 2007, the Nigerian Maritime Administration and Safety Agency (NIMASA) Act 2007, and the Coastal and Inland Shipping (Cabotage) Act 2003. It also evaluates Nigeria’s obligations under key international conventions, including the Hague-Visby Rules, the International Convention for the Safety of Life at Sea (SOLAS), and other International Maritime Organisation (IMO) instruments. The paper adopts a doctrinal legal research methodology, supported by comparative and analytical approaches. Primary sources such as statutes, judicial decisions, and international conventions are examined alongside secondary materials including academic literature, policy documents, and institutional reports. The comparative dimension draws lessons from jurisdictions with modernised maritime regulatory systems, such as the United Kingdom and Singapore, to benchmark Nigeria’s compliance with global best practices. The findings reveal that while Nigeria has developed a relatively comprehensive maritime legal regime, it remains fragmented, outdated, and poorly enforced. Legislative gaps persist, particularly in the domestication of newer international conventions, while overlapping mandates among key institutions such as NIMASA, the Nigerian Ports Authority (NPA), and the Nigerian Shippers’ Council (NSC) have created regulatory inefficiencies. The paper concludes and recommends that Nigeria’s maritime carriage regime requires comprehensive reform, including harmonisation of domestic laws with modern international conventions, institutional streamlining, enhanced enforcement mechanisms, and policy alignment with the blue economy agenda. Such reforms are essential to ensure safety, competitiveness, and sustainable development in Nigeria’s maritime transport sector.