More trouble for Hosa Okunbor as NPA opposes usage of Secured Anchorage Area by OMSL ‘for security reasons’ … Firm yet to remit revenue to FG’s account since 2014

Investigations have revealed that the crisis between the Nigerian Port Authority (NPA) and a group named Association of Professionals for Safety in Shipping in Nigeria (APOSSIN) over NPA’s position on Secured Anchorage Area (SAA) has to do with the determination of the Authority to stop sharp practices in the maritime sector.
A few weeks ago, APOSSIN sent a six-point petition to the National Assembly, accusing the NPA of disrupting its operations and instructing shipping operators to stop paying for personalised security services offered in SAA being operated by the Nigeria Navy (NN) in collaboration with a private firm, Ocean Marine Solutions Limited (OMSL).
Freedom Online learned that vessels of shipping firms who patronise OMSL are charged $2,500 for the first two days and $1,500 for subsequent days.
Upon investigation, it was learned that OMSL is yet to account for money collected. “Revenue generated from the operation of the company from 2014 to date has not been remitted to NPA nor to the Federal Government.
A maritime source revealed that there was indeed an anchorage called Secure Anchorage Area (SAA) being operated by OMSL in collaboration with the Nigerian Navy. The SAA is within the Lagos Pilotage District of Nigerian Ports Authority as provided in the NPA Act. The Nigerian Navy provides security to OMSL at the anchorage “but unfortunately, revenue generated from the operation at the SAA are not remitted to the Authority nor the Federal Government”.
He declared that the allegations made against NPA by the petitioner are not true and “I strongly advise the National Assembly and the general public to just discountenance same in its entirety”.
The petition by APOSSIN to the National Assembly reads:
*That the Nigerian Ports Authority (NPA) instructed shipping operators to stop paying for personalised security services offered in the Secured Anchorage Area (SAA) being operated by the Nigeria Navy (NN) in collaboration with a private firm, Ocean Marine Solutions Limited (OMSL);

*That the directive from NPA was not only ill-advised but also counterproductive, as NPA does not have the authority to make such pronouncement on an arrangement by another agency of government, to deliver on its mandate;
*That the SAA is outside the Port Limits and, hence, not under the administrative control of NPA, as its security of the nation’s maritime domain statutorily vests on the Nigerian Navy;
*That NPA by the pronouncement is interfering with the functions of the Nigerian Navy;
*That the Secured Anchorage Area is operated by the Nigerian Navy but logistically supported by OMSL, a private sector initiative to add value to government effort i.e. to offer dedicated security patrols services for vessels that demand extra protection while awaiting offshore Lagos for berth allocation or conducting ship-to-ship (STS) Operations;
*That the $2,000 charged per day is not anchorage dues as described by NPA but simply to offset the cost of acquisition of the patrol boats, and provision of the logistics support needed to operate them to achieve the 24/7/365 presence required to deter the criminal elements.

But, the maritime source declared: “For our federal lawmakers and Nigerians to really understand the issues, I will like to explain what an Anchorage means. It is an area within the approaches of a Port which is suitable for ships to anchor, created within the Pilotage Districts for the purpose of providing shelter for vessels calling at or departing from the ports”.
He said that over the years, another anchorage area known as Secured Anchorage Area (SAA) other than its designated Anchor Area, was in existence and operated by OMSL in collaboration with the Nigeria Navy.
Freedom Online reliably gathered that the said SAA was authorised by the Nigerian Maritime Administration and Safety Agency (NIMASA) which published a Marine Notice on the existence of the SAA as an Additional Security Service Facilities for the provision of dedicated watch to vessels seeking extra protection while at the anchorage offshore in Lagos.
NPA later found that the Nigerian Navy, in collaboration with the United Kingdom Hydrographic Office (UKHO), published the SAA in its Admiralty Chart No.1381 of Lagos Ports Limits & Approaches dated March 10, 2011.
The then NPA Management observed that some false information in the charts indicated that the Anchorage being operated by the Authority was ill-equipped, thereby giving an impression that it is not secured. This is contrary to the assessment of the same facility by the International Maritime Organisation (IMO) which commended NPA for the standard of facilities and security at the location.

NPA then insisted that, without prejudice to the powers of the Nigeria Navy, delineation of an Anchorage Area is the responsibility of the Authority. In addition, publication of Notices to Mariners on vessels calling at the Nigerian Ports as regard the port limits and approaches is the responsibility of NPA and not NIMASA.
To stop the continuation of actions that may affect Nigeria’s maritime interest, coupled with high cost for vessels coming to Nigeria arising from the exorbitant charges being collected by OMSL, NPA vide letters dated October 24 and 25, 2017 respectively sought the intervention of the Minister of Transportation, Rotimi Amaechi, to dismantle the facility.
It was learned that Amaechi’s intervention led to series of meetings involving officials of the ministry, NPA, NIMASA and Naval officers, “the outcome of which was a directive to NPA to dismantle the facility”.
To give effect to the directive, NPA set up two in-house Committees: Committee for the dismantling/reorganisation of the Lagos Anchorage and Committee on Implementation Plans for the dismantling of the SAA.
Sequel to the committees’ recommendations, the Authority in a letter dated October 9, 2019 and addressed to the Nigerian Navy, requested for stoppage of the operation of SAA, pending conclusion of a new framework being put in place by it in collaboration with the Navy and other agencies that are critical to the operation of the Anchorage.

Freedom Online learned that the Navy was informed that the NPA “is taking steps to issue a Notice to Mariners for the discontinuance of SAA operation and a consequent amendment of the British Admiralty Chart 1381”.
The steps taken by NPA on the SAA was communicated to stakeholders at its quarterly meeting held on October 10, 2019 at the NPA Conference Room, Lagos Port Complex.
Based on this, NPA, according to documents obtained by Freedom Online, instructed shipping operators to stop paying for personalised security services offered in the Secured Anchorage Area (SAA) being operated by the Nigeria Navy (NN) in collaboration with OMSL.
But, the agency kicked against this, insisting that the directive from NPA was not only ill-advised but also counter-productive, as the Authority did not have the authority to make such pronouncement on an arrangement by another agency of government, to deliver on its mandate.
That NPA, by the pronouncement, is interfering with the functions of the Nigerian Navy.
But NPA insisted that the right thing must be done. Contending that claims by the petitioner are not true, it declared that it did not, in any way, interfere with the functions of the Nigerian Navy.
The mandate of the Nigerian Navy, according to law, is to provide security in Nigeria’s Territorial Waters (including the Economic Exclusive Zone).
The document reveals the NPA position: “The Authority submits that the Anchorage is an integral part of a seaport and that by virtue of its enabling law – the Nigerian Ports Authority Act – it is the responsibility of the Authority to chat, designate, own, operate and manage Ports Anchorage Areas except where such responsibility is entrusted to a third party in accordance with Section 9 of the Ports Act.
“It is pertinent to state that the Secure Anchorage Area lies within the Lagos Pilotage District of the NPA as entrenched in the Ports Act and as declared by the Minister of Transportation. The Authority did not transfer that responsibility to the Nigerian Navy nor to the Private Security Outfit concerned-OMSL”.
APOSSIN also declared in the petition that the SAA is outside the Port Limits and, hence, not under the administrative control of NPA, as its security of the nation’s maritime domain statutorily vests on the Nigerian Navy;
But, the NPA insisted that the Secured Anchorage Area falls within its Lagos Pilotage District, submitting that activities being carried out by OMSL in collaboration with the Nigerian Navy, are port related and fall within the functions of the Authority.
“It is pertinent to state that by virtue of Section 7 (d) and (e) of the Nigerian Ports Authority Act, it is the responsibility of the Authority to:
“Provide for the approaches to all ports and the territorial waters of Nigeria such pilotage services and lights, marks and other navigational services and aids, including cleaning, deepening and improving of all waterways”
“Provide facilities for berthing, towing, mooring or dry-docking of ships in entering or leaving a port or its approaches”.
“The responsibility to oversee the maintenance of security in Nigerian Maritime Domain lie with the Nigerian Navy, Marine Police, NIMASA and NPA exercising same in accordance to their area of jurisdiction as provided by relevant legislation”.
On the argument that the Secured Anchorage Area is operated by the Nigerian Navy but logistically supported by OMSL, a private sector initiative to add value to government effort through dedicated security patrols services for vessels that demand extra protection while awaiting offshore Lagos for berth allocation or conducting ship-to-ship (STS) Operations,
NPA submitted that the Secured Anchorage Area is being operated by OMSL, a Private Sector Entity but with logistical support from the Nigerian Navy.
“The Authority wishes to state that sometime in 2014, it procured and handed over to the Nigerian Navy three (3) state-of-the art brand new patrol boats for usage by the Nigerian Navy to safeguard the Lagos Anchorage and offshore waters within the Lagos Pilotage District.
“The Authority, therefore, states that the assertion by the Petitioner herein is not true. Furthermore, the Authority is of the view that continued operation of the facility by the private entity (OMSL) could pose security threat to the nation”.
While admitting that the anchorage is operated by OMSL in collaboration with the Navy within the Lagos Pilotage District of Nigerian Ports Authority as provided in the NPA Act, the Authority insisted that the money, running into millions of dollars for years, has not been remitted to the NPA nor the Federal Government. Freedomonline