PUBLIC HEARING

Introduction

  • The memorandum discusses the Nigerian Marine Corps Bill 2023 proposed to establish the Nigerian Marine Corps for maritime security.

  • Addressed to the Chairman of the House of Representatives Committee on Navy.

Agency Background

  • Agency: Nigerian Maritime Administration and Safety Agency (NIMASA)

  • Location: Maritime House, 4 Burma Road, Apapa, Lagos, Nigeria.

  • Purpose of memorandum: To provide NIMASA's position during the public hearing regarding the bill.

Overview of the Marine Corps Bill

  • Bill Reference: HB. 225

  • Sponsorship: Hon. Alex Egbona

  • Main Purpose: To establish the Nigerian Marine Corps focused on enhancing maritime security.

NIMASA's Position

  • NIMASA claims the bill is a duplication of its 2007 Act, replicating its functions and responsibilities.

  • Concerns:

    • Increased government costs and bureaucracy.

    • Potentially detrimental effects on the ease of doing business in Nigeria's maritime industry.

    • Risk of additional taxes and burdens on industry participants.

Key Points Against the Proposed Bill

  1. Duplication of Functions

    • The functions of the proposed Marine Corps largely overlap with those of NIMASA and other government agencies.

    • The establishment of another agency for functions already designated to an existing one contradicts current governance reduction goals.

  2. Existing Structures and Collaborations

    • NIMASA has initiatives like the Deep Blue Project that effectively handles maritime security with existing collaborations with the Nigerian Armed Forces.

    • An existing Memorandum of Understanding (MOU) with the Nigerian Navy to provide maritime security in line with international conventions.

  3. Objectives of the Bill

    • Objectives include improving national maritime security and awareness of marine technology, but these are regarded as non-essential given current capabilities.

    • Questions raised on the necessity of encouraging local and global maritime security expertise amidst existing standards and protocols.

Critique of the Bill's Provisions

  • The memorandum provides a clause-by-clause analysis comparing the Marine Corps Bill with the NIMASA Act:

    1. Objective Duplication: Many objectives are similar or identical to NIMASA functions.

    2. Vague Provisions: Certain terms like "coastal land" are insufficiently defined; objectives lack clarity and direction.

  • Specific functions in the proposed Bill directly replicate those currently performed by NIMASA, calling into question the need for the new body:

    • Responsibilities of both the Corps and NIMASA include ensuring maritime safety, conducting inspections, and overseeing maritime security.

Regulatory Charges and Levies

  • Proposed Maritime Security Levy: A charge of 1% of declared profits for maritime operations.

    • NIMASA notes this will result in excessive taxation and hardship for businesses already burdened with high fees.

Conclusion

  • NIMASA recommends that the bill be reconsidered.

  • The establishment of the Marine Corps is deemed unnecessary as existing agencies suffice based on their established frameworks and collaborative operations.

  • Final Position: The proposed bill should be stepped down.