As Enforcement and Proper Regulation Lag

The unfortunate Majestic Rig capsizing incident has thrown up more issues, adding to the myriad of problems bedeviling Nigeria’s maritime industry which is projected to be worth over five trillion naira if properly managed, fully harnessed and optimally utilized.

Tragically, government after government, CEO after CEO, from regulator to regulator, progress remains elusive. Like a mirage, just when you think you are within grasp, it pales into nothingness.

It is hard in determining where the problem lies; is the challenge with the regulatory agencies or is non-compliance by operators the bane of the industry?

The Majestic Rig is one of three owned by Depthwize Nig. Ltd. The other two are the Imperial and the Monarch.

The magnitude of the losses arising from the capsizing of the Majestic rig is better appreciated when viewed from the human angle as wives become widows, separated from their husbands even as children lose the loving care of their fathers; leaving a vacuum none can adequately fill eternally.

Between the Nigeria Maritime Administration and Safety Agency, NIMASA and the Nigerian Content Development and Monitoring Board, NCDMB, the lives of those who died in the Majestic rig incident could have been saved if the Agencies have been more diligent and proactive in their regulatory functions.

If NIMASA and NCDMB were more concerned in enforcing regulations and implementing operational guidelines and requirements not just at the corporate level but in the field as well, the lives of those who died prematurely when the Majestic Rig incident occurred, could have been saved.

Unfortunately, while NIMASA put its octopus fingers into the cookie jar, the NCDMB is embroiled in transactions as it tries to outdo NIMASA in the award of contracts and all the underpinnings and accoutrements therein.

Seplat Energy, an oil and gas company which hired the Majestic Rig for its drilling operations is caught in the mix of inefficiencies by NIMASA and NCDMB leading to the lose of lives from the capsizing of the rig.

NIMASA admits that the rig is not registered with it neither is the rig Nigeria flagged. Notwithstanding, the rig ought to pay 2% of its contract sum to NIMASA in deference to the Cabotage Act, 2003.

According to NIMASA, plans are at advanced stages for the disbursement of the Cabotage Vessel Financing Fund, CVFF, put at $700m. Contributions to the fund by the capsized Majestic Rig could have increased this figure significantly.

Alas, the sunken rig and many other undetected vessels and platforms work without paying statutory fees in Nigeria as regulatory agencies engage in other pursuits which, though receiving priority attention, do not make any impactful contribution to the development of the industry.

For instance, late last year, NIMASA awarded the contract for the construction of the Institute of Maritime Studies (IMS) Building at the University of Lagos.

Proposed NIMASA IMS building at UNILAG.

The three storey edifice, to be constructed by Messrs Maingrove Services Limited within six months, was commissioned by the then Honorable Minister of Transportation, Mu’azu Jaji Sambo. The cost of the IMS building is unknown even as the Maritime Academy of Nigeria in Oron, Akwa-Ibom state and Nigerian Maritime University, Okerenkoko, in Delta state are denied statutory funding and lacking manpower, training equipment and facilities.

How does NIMASA intend to fund the IMS, MAN, NMU, NSDP and other projects and programmes that it is involved in?

Let us return to the Majestic Rig story.

Speaking on the Majestic Rig incident, a maritime stakeholder who does not want his name mentioned said “Is it not a matter of negligence and outright misplaced prioritization for a rig to be working in Nigeria for seven years without interception by NIMASA?

“Is it possible that there is collusion somewhere? How does NIMASA explain the colossal loss of revenue? Is this a case of revenue lose, leakage or diversion”?

“What does the National Assembly committees on maritime matters look at when they go on oversight duties at the Ministries, Department and Agencies, MDAs”? the stakeholder wondered.

According to NIMASA officials, the rig has been working on Nigerian waters from 2016 till when it capsized on Tuesday, August 15, 2023.

By this admission, NIMASA acknowledges that it is aware of the existence of the rig in Nigeria but unaware of its deployment to locations for drilling purposes.

This is unacceptable from an agency of government that prides itself as having acquired Deep Blue Assets under the Integrated National Security and Waterways Protection Infrastructure, popularly know  as the Deep Blue Project and having three categories of platforms to tackle maritime security issues on land, sea, and air.

Director General of NIMASA, Dr. Bashir Jamoh, had told newsmen that “The land assets comprise the Command, Control, Communication, Computer, and Intelligence Centre for intelligence gathering and data collection; 16 armoured vehicles for coastal patrol; and about 600 specially trained troops for interdiction, known as Maritime Security Unit”.

“On air, there are two Special Mission Aircrafts for surveillance of the EEZ, three Special Mission Helicopters for search and rescue; and four Unmanned Aerial Vehicles. The sea assets consist of two Special Mission Vessels and 17 Fast Interceptor Boats,” Dr. Jamoh said.

Clearly, there is something tragically wrong somewhere for the Majestic Rig to have worked  for upwards of sevens years without detection by NIMASA. Is it possible that  somebody somewhere connived with Depthwise Nig. Ltd, owners of the rig to short change the Federal government of much needed revenue?

The capsizing of the Majestic Rig is the Crystallization of misplaced priorities by NIMASA. Instead of focusing on core maritime operational issues of Safety and Security, Maritime Education and Training/Certification, diversion into other areas seems to be getting more attention.

Insiders say relegation to the back ground of some key staffs of NIMASA who are vast in maritime issues and their replacement with less qualified persons are factors affecting maritime administration by NIMASA in Nigeria.

Until we have square pegs in square holes and men and women are deployed where they could function optimally, talks of capacity building will yield nothing as well trained men and women remain underutilized across sectors in the economy for reasons bothering on ethnicism and the pursuit of personal interests.

Maritime Accidents

In early February last year, Floating oil Production and Storage vessel (FPSO) Trinity Spirit sank in Nigeria after catching fire and exploding.

The 10 crew member on board the vessel are unaccounted for till date and report of investigation by NIMASA hidden from the public

In July, 2022, crew on board of the Floating Production Storage and Offloading, FPSO vessel operated by Shell Petroleum Development Company, SPDC, Sea Eagle, was involved in an offshore accident.

NIMASA and other agencies promised to investigate as usual but nothing has been heard on the outcome of investigations to date.

Speaking on marine accidents the NIMASA DG said  “As we experience accidents on our roads, we also do experience accidents at sea and therefore, in line with the International Maritime Organization Standard for all maritime administration to establish Marine Accident Investigation Unit, just like our counterpart in the aviation sector has, we also have Marine Accident Investigation Unit”.

“From what we have, the Marine Accident Investigation data information for the year 2020, we recorded 18 accidents while in the year 2021, we recorded 12 accidents and the agency conducted investigations on those accidents and recommended necessary actions to see how we can avoid those accidents.” Jamoh said.

In 2022 there were marine accidents that shook the nation see  https://maritimenig.com/2023/07/niwa-and-the-burden-of-deaths-and-burials-1.

In all of these, it is crystal clear that something needs to be done very urgently to avert marine accidents in Nigeria’s maritime domain.

Deep Blues Assets/Going Forward

It is one thing to  have acquired these assets. The protocol and the long chain of Command to follow in deploying these assets is a challenge as the Nigerian Navy has taken possession, command and control of the assets probably for safety and security reasons.

NIMASA must of necessity enter into a similar contract such as it had with Global West Vessels Specialists Ltd, GWVSL, for prompt response to distress calls and detailed surveillance of the creeks and waterways.

It is a sad story how politics and interests led to the collapse of the GWVSL contract and sinking of several vessels owned by the company; a development  which Dr. Bashir Jamoh has openly acknowledged and bemoaned.

If NIMASA is to succeed in its regulatory mandate, round pegs must be placed in round holes within the Agency. A situation where juniors staff are promoted above their bosses leaves a lot be desired. The damage to morale of staff left unpromoted for upwards of five years is better imagined than experienced.

NIMASA has some of best brains in maritime administration in Nigeria. These men and women must be strategically deployed where they can best deliver in adding value to the agency.

NIMASA is not known to complain of funding for its programmes and projects. If fund is not a concern, if the men/women with the requisite competencies are on ground, if the equipment, tools and gadgets are available, why is maritime administration dotted by missteps and avoidable calamities? Could leadership be an issue?

Our efforts to get information from Depthwise, Seplat and NCDMB were futile. NIMASA responded with some documents as contained herein.

The Minister of Marine and Blue Economy, Adegboyega Oyetola has his job cut out for. He must rise to the occasion and reposition Nigeria’s maritime industry and make shipping a dependable revenus source, as oil loses its relevance globally.