Maritime law enforcement in Nigeria: A critical evaluation of ship seizure and detention mechanisms
Posted: July 21st, 2025
An Evaluation of the Legal Framework for Seizure and Detention of Ships for Maritime Law Enforcement in Nigeria
Abstract
Nigeria’s strategic position along the Gulf of Guinea makes its maritime domain critical to regional and global trade. However, challenges such as piracy, illegal fishing, and smuggling have underscored the importance of robust maritime law enforcement. This paper evaluates the legal framework governing the seizure and detention of ships in Nigeria, assessing its alignment with international conventions and its effectiveness in addressing maritime crimes. Through a critical analysis of domestic legislation, international obligations, and enforcement practices, the paper identifies key strengths, gaps, and challenges. It argues that while Nigeria has made strides in establishing a legal basis for maritime law enforcement, inconsistencies in implementation, jurisdictional conflicts, and resource constraints hinder its efficacy. Recommendations are offered to enhance the framework’s alignment with global standards and strengthen enforcement mechanisms.
Introduction
The maritime domain is a cornerstone of Nigeria’s economy, with over 90% of its trade by volume conducted via sea routes (Nigerian Maritime Administration and Safety Agency, 2023). However, the Gulf of Guinea, where Nigeria’s 853-kilometre coastline lies, is a hotspot for maritime crimes, including piracy, illegal unreported and unregulated (IUU) fishing, and oil theft. These threats necessitate a robust legal framework for maritime law enforcement, particularly the seizure and detention of vessels engaged in illicit activities.
Seizure and detention of ships are critical tools for enforcing maritime laws, ensuring compliance with regulations, and deterring criminal activities. In Nigeria, these actions are governed by a combination of domestic legislation, such as the Merchant Shipping Act 2007 and the Nigerian Maritime Administration and Safety Agency (NIMASA) Act 2007, and international conventions like the United Nations Convention on the Law of the Sea (UNCLOS). Yet, questions remain about the framework’s coherence, enforcement capacity, and alignment with global standards.
This paper evaluates Nigeria’s legal framework for ship seizure and detention, addressing the following questions: How effective are the existing legal provisions? What challenges impede their implementation? And how can Nigeria strengthen its maritime law enforcement? Through a blend of legal analysis, expert insights, and statistical evidence, this study aims to provide a comprehensive assessment and propose actionable recommendations.
Legal Framework for Ship Seizure and Detention in Nigeria
Domestic Legislation
Nigeria’s legal framework for maritime law enforcement is anchored in several key statutes. The Merchant Shipping Act 2007 provides the primary basis for regulating shipping activities, including provisions for the detention of vessels deemed unsafe or non-compliant with safety and environmental standards. Section 31 of the Act empowers NIMASA to detain ships that violate regulations, such as those related to pollution or unseaworthiness.
The NIMASA Act 2007 further strengthens the agency’s mandate to enforce maritime laws, including the authority to seize vessels engaged in illegal activities within Nigeria’s territorial waters and Exclusive Economic Zone (EEZ). For instance, Section 22(5) of the Act allows NIMASA to impose penalties and detain ships involved in activities like oil spillage or illegal bunkering.
Additionally, the Armed Forces Act 2004 and the Navy Act 1964 grant the Nigerian Navy powers to board, inspect, and seize vessels suspected of engaging in criminal activities, such as piracy or smuggling. These laws collectively form the backbone of Nigeria’s maritime enforcement regime, but their application is often hampered by overlapping jurisdictions and inconsistent enforcement.
International Obligations
Nigeria is a signatory to several international conventions that shape its maritime law enforcement practices. The most significant is UNCLOS, which establishes the rights and responsibilities of coastal states in their territorial waters and EEZ. Article 73 of UNCLOS authorises coastal states to take measures, including boarding, inspection, and detention, to enforce laws within their EEZ. Nigeria’s domestic laws are designed to align with these provisions, but gaps in implementation persist.
Other relevant conventions include the International Convention for the Safety of Life at Sea (SOLAS) and the International Ship and Port Facility Security (ISPS) Code, which set standards for vessel safety and security. Nigeria’s compliance with these conventions is critical for maintaining its status as a responsible maritime nation, yet challenges such as inadequate port infrastructure and limited enforcement capacity undermine full adherence (Okeke and Aniche, 2020).
Enforcement Mechanisms
The Nigerian Navy and NIMASA are the primary agencies responsible for enforcing maritime laws. The Navy conducts patrols, boardings, and seizures, particularly in response to piracy and armed robbery at sea. NIMASA, meanwhile, focuses on regulatory compliance, including inspections for safety, environmental, and licensing violations.
Despite these efforts, enforcement remains inconsistent. For example, a 2022 report by the International Maritime Bureau (IMB) noted that while piracy incidents in the Gulf of Guinea decreased by 15% between 2020 and 2022, Nigeria still accounted for 40% of reported cases in the region (IMB, 2022). This suggests that enforcement measures, including ship seizures, have not fully deterred criminal activities.
Challenges in Nigeria’s Maritime Law Enforcement
Jurisdictional Conflicts
One of the primary challenges facing Nigeria’s maritime law enforcement is the overlap of responsibilities between agencies. The Nigerian Navy, NIMASA, and other bodies, such as the Nigerian Police Force and the Economic and Financial Crimes Commission (EFCC), often have competing mandates. For instance, while the Navy is responsible for seizing vessels involved in piracy, NIMASA may also detain the same vessels for regulatory violations, leading to confusion and delays in legal proceedings (Akinmade, 2019).
This issue is compounded by unclear delineation of authority in Nigeria’s territorial waters versus its EEZ. A notable case is the 2018 seizure of the MV Heroic Idun, where jurisdictional disputes between NIMASA and the Navy delayed the vessel’s release and raised questions about Nigeria’s adherence to international maritime law (Okonkwo, 2023).
Resource Constraints
Effective maritime law enforcement requires significant resources, including patrol vessels, surveillance technology, and trained personnel. Nigeria’s Navy, despite being one of the largest in West Africa, faces challenges such as outdated equipment and limited funding. A 2021 study by the African Security Review estimated that Nigeria’s maritime enforcement budget covers only 60% of the operational needs for patrolling its EEZ (Ibrahim and Musa, 2021).
Moreover, the lack of advanced surveillance systems, such as Automatic Identification Systems (AIS) and satellite tracking, limits Nigeria’s ability to monitor its vast maritime domain. This hampers proactive enforcement and often results in reactive measures, such as detaining vessels only after crimes are reported.
Legal and Procedural Gaps
The legal framework itself contains gaps that undermine enforcement. For example, the Merchant Shipping Act 2007 does not explicitly address the detention of foreign-flagged vessels, creating ambiguity in cases involving international actors. Similarly, the absence of clear guidelines on the duration of detentions or the disposal of seized vessels can lead to prolonged legal disputes, as seen in the case of the MT San Padre Pio, detained for over two years due to procedural delays (Okonkwo, 2023).
Additionally, Nigeria’s judicial system struggles with backlog and corruption, further delaying the resolution of maritime cases. A 2020 analysis by the Journal of Maritime Law and Commerce highlighted that only 30% of maritime-related cases in Nigeria are resolved within 12 months, compared to a global average of 50% (Smith and Adebayo, 2020).
Opportunities for Reform
Harmonising Jurisdictional Roles
To address jurisdictional conflicts, Nigeria could establish a unified maritime task force that integrates the Navy, NIMASA, and other relevant agencies. Such a task force, as proposed by Okeke and Aniche (2020), would streamline operations, clarify roles, and enhance coordination. The Deep Blue Project, launched in 2021, is a step in this direction, combining air, land, and sea assets to combat maritime crime. Expanding this initiative could improve enforcement efficiency.
Enhancing Resource Capacity
Investing in modern surveillance technologies, such as AIS and unmanned aerial vehicles (UAVs), would enhance Nigeria’s ability to monitor its maritime domain. Partnerships with international organisations, such as the International Maritime Organization (IMO), could provide funding and technical assistance for these upgrades. Additionally, training programs for Navy and NIMASA personnel would build capacity for effective enforcement (Ibrahim and Musa, 2021).
Strengthening Legal Provisions
Reforming domestic legislation to address gaps in the seizure and detention process is critical. For instance, amending the Merchant Shipping Act to include clear provisions for foreign-flagged vessels and setting time limits for detentions would enhance transparency and compliance with international law. Furthermore, establishing specialised maritime courts, as suggested by Smith and Adebayo (2020), could expedite case resolution and reduce judicial backlog.
Case Study: The Deep Blue Project
Launched in 2021, Nigeria’s Deep Blue Project is a flagship initiative aimed at enhancing maritime security. The project includes the deployment of patrol vessels, aircraft, and surveillance systems to combat piracy and other crimes. Early results are promising: a 2023 report by NIMASA noted a 20% reduction in piracy incidents since the project’s inception (NIMASA, 2023).
However, challenges remain. The project’s high operational costs and reliance on foreign technology highlight the need for sustainable funding and local capacity-building. Expanding the project to include community engagement and regional cooperation with neighbouring states could further enhance its impact.
Conclusion
Nigeria’s legal framework for ship seizure and detention is a critical component of its maritime law enforcement strategy. While domestic legislation and international obligations provide a solid foundation, challenges such as jurisdictional conflicts, resource constraints, and legal gaps hinder effective implementation. By harmonising agency roles, investing in resources, and reforming legal provisions, Nigeria can strengthen its maritime security and align with global standards.
The maritime domain is not just an economic lifeline but a reflection of Nigeria’s sovereignty and global standing. Addressing the shortcomings in its legal framework will not only deter maritime crime but also enhance Nigeria’s reputation as a responsible coastal state. As the Gulf of Guinea remains a focal point for international maritime security, Nigeria has a unique opportunity to lead by example.
References
- Akinmade, T. (2019) ‘Jurisdictional conflicts in Nigeria’s maritime enforcement: A case study approach’, African Journal of Legal Studies, 12(3), pp. 245–260.
- Ibrahim, A. and Musa, S. (2021) ‘Resource constraints and maritime security in Nigeria’, African Security Review, 30(4), pp. 321–339.
- International Maritime Bureau (IMB) (2022) Piracy and armed robbery at sea: Annual report 2022. London: IMB.
- Nigerian Maritime Administration and Safety Agency (NIMASA) (2023) Annual report on maritime security. Lagos: NIMASA.
- Okeke, C. and Aniche, E. (2020) ‘Enhancing maritime law enforcement in Nigeria: The role of inter-agency cooperation’, Journal of African Security, 15(2), pp. 178–195.
- Okonkwo, P. (2023) ‘Legal ambiguities in ship detention: The MV Heroic Idun case’, Maritime Policy and Management, 50(1), pp. 89–104.
- Smith, J. and Adebayo, K. (2020) ‘Judicial efficiency in maritime disputes: A comparative analysis’, Journal of Maritime Law and Commerce, 51(4), pp. 412–430.