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

Wrap up of the ongoing series: The Nigerian Ports Economic Regulatory Agency Act, 2026, establishes NPERA as an independent economic regulator, separating commercial supervision from the Nigerian Ports Authority's landlord functions. While this reform aims to lower trade costs and streamline maritime oversight, key statutory overlaps in tariff setting, licensing, and concession monitoring require careful implementation to prevent friction and administrative duplication for operators.
legal insight
LEGAL INSIGHT SERIES

October 2026, Edition 4

Analysis of Overlap Between Functions of NPERA and NPA

As earlier stated, Section 4(2) states that the Agency must perform its functions in a manner not in contravention of the legal instruments implemented by other agencies and must help facilitate compliance with them. Although NPERA frames its role as an economic regulator alongside NPA’s landlord/infrastructure mandate, five primary statutory overlaps create potential jurisdictional friction:

  1. Tariff Regulation: NPERA holds exclusive authority to set maximum and minimum port, cargo, and pilotage tariffs, charges historically levied or regulated directly by the NPA.

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  1. NPA as a Regulated Entity: The Act explicitly classifies NPA services as “prescribed services,” subjecting the landlord agency to NPERA’s filing requirements, oversight, and financial/criminal penalties.

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  1. Concession Monitoring: Section 4(1)(e) directs the Agency to monitor compliance with approved port concession agreements and service level agreements. The NPA is the grantor in those concessions, so it also monitors terminal operators’ performance.

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  1. Dual Licensing: Under Sections 31 and 32, every service provider, including those already licensed by another government agency, must register with the Agency, and the requirement applies to existing operators. Terminal operators and others already hold NPA licences or concessions; the risk herein is double compliance, with two sets of fees, forms, and sanctions.

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  1. Parallel Inspections: NPERA inspectors can access premises and cargo clearance records, overlapping with operational monitoring by the NPA and Customs.

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  1. Dispute and Advisory Overlaps: Both agencies hold statutory roles advising the Minister on port policies and concessions. Additionally, NPERA’s mandated dispute resolution mechanism leaves the NPA acting simultaneously as a regulated party and a subject of mediation during concession disputes.

Nevertheless, the Federal Government has begun sorting responsibilities administratively. The Minister of Marine and Blue Economy, Adegboyega Oyetola, has directed that the inland dry port functions of the Shippers’ Council move to the NPA. He also directed the constitution of a Ministerial Committee to oversee the transition of the NSC into NPERA. The Act still lists inland dry port operators among regulated providers; as such, the transfer does not remove them from NPERA’s economic oversight.

What Should Operators Do Now?

  1. Confirm any transitional guidance from the Agency.
  2. Prepare for registration with the Agency, since existing operators are not exempt.
  3. Before filing, review tariff schedules against Agency guidelines, since charging above the approved maximum without approval is an infringement.
  4. Strengthen compliance and record-keeping, given the inspection powers, short information deadlines, and personal exposure of directors.
  5. Watch the NPERA–NPA boundary, especially on tariffs, concession terms and licensing, and keep records of any dual demands from both agencies.
  6. Monitor the regulations. A lot of the details on fees, standards, procedures and sanctions shall be contained in the regulations that the Agency will pass, subject to the Minister’s approval.

Conclusion and Outlook

The enactment of the Nigerian Ports Economic Regulatory Agency (NPERA) Act 2026 represents a historic milestone in Nigeria’s maritime evolution. By transitioning the Nigerian Shippers’ Council into a statutory economic regulator with clear legal authority, the Act achieves a long-sought separation between the operational and landlord oversight of the Nigerian Ports Authority (NPA) and independent economic supervision.

However, the ultimate success of this legislative reform hinges on its practical execution. As the new framework takes effect, deliberate care must be taken during the implementation phase to prevent inter-agency friction and eliminate potential jurisdictional clashes between NPERA, the NPA, and other maritime authorities. Clarifying administrative boundaries will be paramount to avoiding regulatory duplication and added cost burdens for operators.

If implemented through transparent guidelines, clear inter-agency alignment, robust digital monitoring, and close synergy with the NPA, NPERA will significantly lower the cost of doing business, streamline trade processes, and affirm Nigerian ports as the premier maritime hub for West and Central Africa.

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