The Nigerian Ports Authority (NPA) has declared that the issuance of sailing certificates by the Nigerian Maritime Authority would henceforth be one of the conditions to be satisfied by all vessels before sailing out of any of the Nigerian Ports. This is deemed necessary to enable the Nigerian government collect whatever revenue is due to it as freight levies through the Nigerian Maritime Authority. This is a restoration of the procedure banned by the NPA in 1999.

A sailing certificate is a guarantee that all port levies and any other statutory levies have been paid by a ship before sailing out of the ports. Therefore, those vessels which have not satisfied all the conditions necessary for departure from the Ports would not be issued sailing certificates, thereby being prevented from sailing out of the ports after discharging their cargoes.

There is a statutory 3% levy imposed by the NMA on all cargo coming into the country to be paid by all shipping companies and Port Managers regarding vessels coming into the country with cargo, and the NPA has expressed its displeasure the lack of co-operation and flagrant abuse by these bodies in paying the levy.

The NPA has therefore laid down a procedure where all shipping companies and Port Managers are to submit a manifest simultaneously on all vessels 2 weeks before their arrival to both the NPA and the NMA in order for the levy to be computed and payment effected. Thereafter, a payment confirmation slip shall be forwarded, along with the NMA sailing certificate, to the Port Manager for endorsement. The sailing certificate will then be forwarded to the vessel.

The NMA has however assured the NPA that the issuance of the sailing certificate would not in anyway delay the turn around time for vessels and stated that it was quite feasible to issue the sailing certificates in advance so as to avoid delay.

The two bodies have suggested integrated action to prevent the under-declaration by shipping companies of the contents of their cargoes to Nigeria in order to evade payment of levies. They propose controlling this phenomenon by engaging in the constant exchange of information and ships’ manifest between them. In furtherance of this process the NPA announced its intention to establish an information technology network system with the Nigerian Customs Service.

The NPA hinted that the Nigerian shipping companies were the main defaulters of payment to the NMA, despite the fact that they receive payment for their agency from their principals before the vessel’s arrive in Nigeria. It was stated also that these companies connive with the Harbour Master at the Port to ensure that vessels sail away without payment of their levies.

Having said all this, it is doubtful whether the issuance of a shipping certificate will preclude a party who wishes to detain a vessel / prevent it from sailing as security for a claim against the Owners of the vessel from obtaining an order of court of this effect.

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