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Port Economic Regulation Gets Statutory Backing

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President Tinubu

…As Tinubu Signs NPERA Bill Into Law After Years of Delay

BY EGUONO ODJEGBA
After years of legislative twists, presidential withholding of assent, stakeholder concerns and repeated attempts to reconcile competing interests, President Bola Ahmed Tinubu has finally assented to the Nigerian Ports Economic Regulatory Agency (NPERA) Bill, 2026, clearing the way for the establishment of a dedicated statutory economic regulator for Nigeria’s port sector.
The development effectively closes one of the longest-running legislative journeys in Nigeria’s maritime sector and marks a major shift from the interim regulatory arrangement that has existed since the Federal Government designated the Nigerian Shippers’ Council (NSC) as the economic regulator of the ports in 2014.

The Executive Secretary and Chief Executive Officer of the NSC, Dr Pius Akutah, announced the presidential assent in a brief post on his Facebook page, expressing appreciation to the President for finally making the legislation a reality.

“Nigerian Port Economic Regulatory Agency Act, 2026. Thank you Mr. President for making it a reality,” Akutah stated.
Though full details of the presidential assent and the implementation framework were not immediately available as of press time, the signing represents a significant milestone in the Federal Government’s long-standing attempt to provide a firm statutory foundation for economic regulation within the port industry.
The journey to the NPERA Act has been anything but straightforward.
For years, successive administrations and National Assemblies grappled with the question of how best to establish a dedicated economic regulatory framework for Nigeria’s ports, particularly following the concession of port terminals to private operators.
In 2014, the Federal Government designated the Nigerian Shippers’ Council as the interim economic regulator of the ports, pending the enactment of a substantive legislation.
The Council subsequently assumed responsibilities covering areas such as regulation of tariffs, rates and charges, promotion of fair competition, monitoring of port service providers and intervention in commercial disputes.
But without a dedicated Act of the National Assembly, the Council’s economic regulatory functions remained anchored substantially on government policy, executive directives and regulations rather than a comprehensive statutory framework.
The NPERA legislation was therefore conceived to provide the regulatory architecture with stronger legal backing and enforceable powers.
Among the issues expected to fall within the ambit of the new regulatory regime are tariffs, port charges, rates, competition, licensing and regulation of port service providers, as well as the resolution of commercial disputes and other economic matters arising within the port system.
Akutah had previously described the proposed NPERA regime as a transition towards a more structured and efficient port regulatory system, stressing that the legislation would provide an independent regulatory framework backed by clearly defined legal powers.
However, the road to enactment was repeatedly slowed by disagreements, legislative reviews and concerns over the possible implications of creating another regulatory institution within an already crowded maritime governance structure.
Earlier versions of the Bill attracted concerns from stakeholders and some government agencies, particularly over possible duplication or encroachment on the statutory responsibilities of the Nigerian Ports Authority (NPA) and the Nigerian Maritime Administration and Safety Agency (NIMASA).
Stakeholders had consequently demanded clearer delineation of responsibilities to prevent overlapping mandates, regulatory conflicts and the emergence of multiple centres of authority within the maritime sector.
The legislative process suffered another major setback after an earlier version passed by the National Assembly was transmitted to the Presidency but failed to receive presidential assent.
The Bill was subsequently subjected to further legislative scrutiny as the National Assembly revisited provisions that had generated concerns.
In April 2026, the National Assembly passed an amended version after reviewing and addressing identified legal and procedural issues.
The Senate’s fresh consideration followed the rescission of its earlier decision on the legislation, paving the way for the Bill to undergo another round of legislative processing before its eventual transmission for presidential consideration.
Thus, what began as a policy response to the changing structure of Nigeria’s ports following concession evolved into a prolonged legislative odyssey spanning successive administrations and Assemblies.
With President Tinubu’s assent, that chapter has now effectively come to an end.
The immediate challenge, however, shifts from legislation to implementation.
The emergence of NPERA is expected to trigger questions around the transition from the Nigerian Shippers’ Council’s current economic regulatory role to the new agency, including the transfer of personnel, assets, responsibilities and existing regulatory processes.
Stakeholders will also be watching closely for details of the agency’s governing structure, commencement date, funding mechanism and the precise boundaries between NPERA and existing maritime institutions.
Of particular importance will be how the new agency exercises its powers over tariffs, charges, competition, licensing, service standards and commercial disputes without creating fresh layers of bureaucracy or regulatory uncertainty.
For terminal operators, shipping companies, freight forwarders, importers, exporters and other port users, the expectation is that the new regime will ultimately produce greater transparency, predictability and stability in the Nigerian port business environment.
The legislation is also expected to strengthen the hand of the economic regulator in confronting arbitrary charges, anti-competitive practices and other distortions capable of undermining the competitiveness of Nigerian ports.
For the Nigerian Shippers’ Council, which has operated for more than a decade as the country’s interim port economic regulator, the assent represents both the culmination of a long institutional campaign and the beginning of a new phase in Nigeria’s port regulatory history.
Akutah had consistently argued that the emergence of NPERA would provide a more solid foundation for economic regulation and contribute to a more efficient, competitive and investment-friendly maritime industry.
The real test, however, will now lie in translating the promise of the new Act into an operational regulatory framework capable of bringing order, certainty and competitiveness to Nigeria’s ports.
After years of waiting, reversals and legislative manoeuvring, the NPERA Act has finally crossed the last constitutional hurdle.
For Nigeria’s maritime industry, the long wait is over.
The era of interim economic regulation is now set to give way to a statutory regime — and the port sector will be watching to see whether the new law delivers the regulatory clarity and efficiency that its tortuous journey promised.
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