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NIGERIA’S NEW PORTS REGULATOR: KEY PROVISIONS OF THE NIGERIAN PORTS ECONOMIC REGULATORY AGENCY ACT, 2026 – (Cont’d)

Continued from last week; the Nigerian Ports Economic Regulatory Agency Act, 2026, establishes NPERA as the new statutory ports regulator by transitioning the Nigerian Shippers' Council. The Act empowers the agency to enforce binding directives, control and approve port tariffs, mandate service provider registrations, and oversee compliance, significantly enhancing transparency, institutional independence, and operational accountability across Nigerian ports.

Marina Times Editorial Team
8:25 AM

LEGAL INSIGHT SERIES

October 2026, Edition 3

Key Statutory Provisions and Highlights of the NPERA Act 2026

4. Statutory Transitioning and Institutional Independence

Under Section 51 of the Act, the Act formally transitions the NSC into NPERA, transferring its administrative assets, staff structure, and historical regulatory experience into a new corporate body with explicit statutory teeth. Unlike the interim status held since 2014, NPERA now possesses direct legal authority to issue binding directives, levy fines, and enforce compliance across all port terminals and logistics nodes as stated in PART VI of the Act and other relevant provisions.

5. Comprehensive Tariff Administration and Price Control

Arbitrary port charges and unapproved tariff increases have historically inflated the cost of doing business at Nigerian ports. Under Part VI of the Act:

Prior Approval Requirement: All terminal operators, shipping lines, off-dock facility managers, and port service providers must submit proposed tariff adjustments to NPERA for evaluation and approval before implementation (Section 27(1)).
Cost-Reflective Pricing: Tariffs must be cost-reflective, transparent, and non-discriminatory, supported by clear financial and operational data submitted by operators.
Tariff Freezes and Reversals: NPERA holds the statutory power to freeze unilateral fee hikes and order immediate refunds or credits to affected cargo interests where unapproved levies are collected.

The Agency is empowered to set guidelines on tariffs, rates and charges, including minimum and maximum levels after consultation with regulated service providers (Section 26).
Under Section 29, the Agency issues guidelines on determining and publishing tariffs “to the exclusion of any other body or authority.”

Publication of tariffs is treated as sufficient if the tariff is officially sent to the Agency, made available at the provider’s offices, and published in at least one national newspaper, or as directed by the Agency. Publishing tariffs in contravention of Section 29 is an offence.

6. Mandatory Registration

Part VII requires registration with the Agency. Unless otherwise approved by the Agency, a provider may not offer a regulated service that requires registration, and a user may not use a non-registered provider. The registration requirement applies to existing providers as well as new ones, and licensed operators must register before commencing operations. The penalty is a fine of up to ten times the initial registration fee, or a prohibition on providing or using the services for a period the Agency determines.

7. Monitoring and Inspection Powers

Part IX gives the Agency inspection powers. Authorised officials or appointed external inspectors may enter a provider’s premises at any reasonable time without prior notice. They may inspect and copy books, records and documents, and demand licences/permits. However, it should be noted that the Agency must obtain a warrant before entering premises. When the Agency requests information, providers must respond truthfully and completely.

8. Complaints, Due Process and Appeals

Part X sets out a complaint’s procedure. Anyone may file a written complaint naming the party complained against. The Agency must:

Notify the respondent before an investigation begins;
Give both parties a chance to appear and to make written submissions within 21 days of any adverse finding;
Within three working days, inform the parties of its decision relating to the investigation; and
Give written reasons within 14 days of discontinuing an inquiry or investigation.

Appeals to the Agency’s decisions shall be made to the Competition and Consumer Tribunal for competition and consumer protection matters, and to the Federal High Court for other regulatory decisions (Section 45).

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legal, LEGAL INSIGHTS SERIES, Marina Times NG, October 2026 Edition 3, Opinion