A Critical Examination of the Legal and Institutional Frameworks for Combating Maritime Crimes in Nigeria

Abstract

Maritime crimes constitute a significant threat to Nigeria’s national security, maritime transportation, international trade, energy security and the sustainable development of its blue economy. This article critically examines the adequacy, coherence and effectiveness of the legal and institutional frameworks established to prevent, suppress and prosecute maritime crimes in Nigeria. Adopting a doctrinal research methodology, the study relies principally on primary legal materials, including the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Suppression of Piracy and Other Maritime Offences Act 2019 (SPOMO Act), the Nigerian Maritime Administration and Safety Agency Act 2007, the Merchant Shipping Act 2007, the Coastal and Inland Shipping (Cabotage) Act 2003, and relevant international instruments, particularly the United Nations Convention on the Law of the Sea 1982 and the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 1988 (SUA Convention). The study also considers relevant judicial decisions, subsidiary legislation, institutional materials and scholarly literature. UNCLOS provides the principal international framework for the suppression of piracy, including the obligation of States to cooperate in its repression and the exercise of jurisdiction over piracy on the high seas. This appraisal critically examines the effectiveness, strengths, and weaknesses of the legal and institutional frameworks established for combating maritime crimes in Nigeria. In the long run, only good governance and economic development on the hinterland would provide long-term reprieve in Nigeria and Gulf of Guinea as poverty and marine offences go hand in hand. It was recommended that the Niger Delta region which is engulfed with unemployment, poverty, underdevelopment, and environmental degradation brought on by oil exploration. It was recommended that the Nigerian government must provide sufficient funding, extensive training programs, cutting-edge surveillance technologies to maritime enforcement agencies, revamp the maritime institutions and ensure there is adequate political stability in order to enhance the effectiveness of countermeasures and intensify the fight against maritime crimes in the Nigerian Maritime Domain.

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