NIGERIAN PORTS ECONOMIC REGULATORY AGENCY (NPERA) ACT: A NEW FRAMEWORK FOR PORT ECONOMY’ – ‘NONSO AZIH

 

Nonso Azih is a Lagos-based maritime and commercial litigation lawyer. He is the Principal Counsel of AZIH & AZIH Legal Practitioners, and an Executive Committee Member of Nigerian Maritime Law Association (NMLA). In this article, he dissects the ‘Nigerian Ports Economic Regulatory Agency (NPERA) Act as a new paradigm for a robust port economy

President Bola Tinubu assented to the Nigerian Ports Economic Regulatory Agency (NPERA) Bill in August 2026.

This development marks a significant milestone in Nigeria’s port reform journey, and a welcome step toward consolidating a clear, statutory framework for economic regulation in the port sector.

After years of operating through interim arrangements following the 2005 port concession exercise, the sector has now taken a decisive step toward a more formalized and predictable regulatory regime.

Historically, the 2005 port concession programme transformed the structure of port operations in Nigeria by introducing private terminal operators and reducing the direct operational role of government in day-to-day port management.

However, while concessioning improved efficiency in some respects, it also created new regulatory challenges around tariffs, service standards, competition, charges, and dispute resolution.

In 2014, the Nigerian Shippers’ Council was designated as the Port Economic Regulator to help create order, protect cargo interests, and promote fair market conduct.

That interim regulatory role was especially important because the Council’s traditional statutory mandate has always centered on protecting shippers’ interests, promoting fair trade practices, and providing a forum on matters affecting imports and exports.

In practice, the NSC evolved into a bridge between shippers, terminal operators, shipping lines, and government, helping to moderate disputes and curb arbitrary economic practices in the post-concession era.

The new Act now offers the possibility of stronger legal certainty, institutional clarity, and a more robust regulatory architecture for the port economy.

Its prospects are considerable: improved tariff oversight, better competition policy, more effective dispute resolution mechanism, and greater predictability for investors, service providers, cargo owners, and end users alike.

If well implemented, it could further reduce the cost of doing business at Nigerian ports and deepen confidence in the maritime economy.

At the same time, the success of the new framework will depend on how seamlessly it harmonizes with the longstanding protective function of the Nigerian Shippers’ Council.

The ideal outcome is not regulatory duplication, but institutional evolution: a strengthened system where cargo interests remain protected, market abuse is checked, and port economic regulation becomes more transparent, independent, and effective.

This is more than a legislative development; it is an opportunity to complete the reform process that began with the ports concession in 2005 and to build a port sector that is efficient, fair, and globally competitive.

Nonso Azih is a maritime and commercial litigation lawyer and can be reached at info@azihandazih.com