
October 2026, Edition 3
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.
Arbitrary port charges and unapproved tariff increases have historically inflated the cost of doing business at Nigerian ports. Under Part VI of the Act:
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.
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.
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.
Part X sets out a complaint’s procedure. Anyone may file a written complaint naming the party complained against. The Agency must:
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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