The coast guard debate: Nigeria’s awareness of 2016 maritime procedures

The sea with its extensive resources is a world of freedom, crime, and chaos. In order to maintain maritime security, a nation needs maritime law enforcement agencies (MLEAs) to work harmoniously. These agencies play a critical role in maintaining maritime security, safety, and environmental sustainability around Nigeria’s maritime domain and interests in the Gulf of Guinea region/Africa.

“Maritime security experts have long observed that some of the challenges associated with militating against effective maritime governance in Nigeria include lack of understanding and limited synergy among MLEAs.”

It is pertinent to note that MLEAs perform Coast Guard functions that are organic to statutory responsibilities of existing maritime agencies (navies, marine police, customs departments, fishery protection, etc.).

African Union, ECOWAS, and Lome charters

The African Integrated Maritime Strategy 2050 (AIMS 2050), the ECOWAS Integrated Maritime Strategy, and the African Union’s (AU) Charter on Maritime Safety, Security and Development, also known as the Lomé Charter, as well as the Yaoundé Code of Conduct, are 4 important documents aimed at promoting maritime security, safety, and development in Africa, and around Nigeria specifically.

The Lomé Charter, adopted in 2016, is a comprehensive framework that outlines the AU’s vision for maritime security and development in Africa. The charter aims to boost economic growth, reduce poverty, and promote sustainable development through the effective use of Africa’s maritime resources.

On the other hand, the African Maritime Strategy 2050, also known as the 2050 Africa’s Integrated Maritime (AIM) Strategy, is a long-term plan that outlines the AU’s vision for Africa’s maritime development by 2050. The strategy aims to promote sustainable economic growth, reduce poverty, and improve the quality of life for African citizens through the effective use of Africa’s maritime resources. Both the ECOWAS Integrated Maritime Strategy (EIMS), adopted in 2014, and the Yaoundé Code of Conduct reinforced these ideals with the establishment of a regional and interregional integrated maritime security framework on coastguard functions among navies of the ECOWAS and ECCAS coastal states.

Apparently, these instruments emphasised the primacy of information sharing in MLEA. They also made provisions for coastal states to strengthen and encourage internal and regional collaboration among existing maritime security outfits and not the creation of new ones. As a follow-up, about 20 ministries, departments, and agencies (MDAs) in concert with the Nigerian Navy met for 8 months in 2016, working assiduously to develop the Harmonised Standard Operating Procedure. The Presidency of the Federal Republic of Nigeria took ownership of this initiative.

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The 2016 harmonised standard operating procedures

Maritime security experts have long observed that some of the challenges associated with militating against effective maritime governance in Nigeria include lack of understanding and limited synergy among MLEAs. In order to address the issues of overlapping responsibilities, a strategic document titled “Harmonised Standard Operating Procedures on Arrests, Detention and Prosecution of Vessels and Persons” (HSOP-AD&P) in Nigeria’s Maritime Environment was released in 2016 with the preface rightly signed by Abubakar Malami, Senior Advocate of Nigeria (SAN), then Attorney General of the Federation and Minister for Justice, and the forward aptly signed by the then Chief of the Naval Staff, Vice Admiral IE Ibas.

The document outlines proper procedures to check undue litigations against MLEA arising from the discharge of their legitimate duties in spite of extant judicial gaps. In addressing the dynamic nature of threat within the maritime environment, the HSOP-AD&P, which is to be domesticated in the doctrinal process of all MLEAs, is to be reviewed every 3 years.

Since 2016, the HSOP-AD&P has not been reviewed. There was no review in 2019 or 2022. Another review is due in 2025. In articulating the HSOP-AD&P, consideration was given to existing mandates of individual participating agencies and relationships among parties and understanding that the document will not prejudice the rights and obligations of all parties under the 1999 Constitution of the Federal Republic of Nigeria (as Amended) and the various Enactments or Acts establishing the agencies.

It’s worth noting that ‘Coast Guard’ is a functional activity already shared by law among several MDAs (Military, NIMASA, Nigerian Customs Service, Nigeria Police Force, Nigerian Security and Civil Defence Corps (NSCDC), Fisheries, National Oil Spill Detection and Response Agency (NOSDRA), Nigeria Immigration Service, etc.). The poser is: How conversant are the maritime community, MDAs, and the legislature with these strategic, operational, and tactical-level initiatives?

Total spectrum maritime strategy

The Nigerian Navy (NN) has the Total Spectrum Maritime Strategy (TSMS), which has accommodated its coast guard responsibilities. The TSMS has placed emphasis on maritime security cooperation between stakeholders since 2011. However, operational realisation of the maritime strategy is outstanding in some respects.

Practically, the coordinating infrastructure, i.e., the Regional Maritime Awareness Capability (RMAC), the FALCON EYE Surveillance System, and the DEEP Blue Project, are already in place with provision for joint manning among MDAs.

Regrettably, they seem poorly coordinated. These are huge expenditures running into hundreds of millions of US dollars with minimal utilisation.

In as much as maritime affairs scholars agree that the country must rise up to the challenges of modern-day security management, some public intellectuals are worried that the resort to the establishment of a ‘coast guard guard’ is another badly chewed and ill-digested strategy that will lead to another round of wasteful spending.

Way forward

The NN, as a lead agency within the maritime environment, should totally operationalise the multinational and multi-agency initiatives, including the TSMS, by ensuring the buy-in of all stakeholders, particularly the highest level of government, including the legislature. The HSOP-AD&P should be reviewed to strengthen the Coast Guard capabilities of the MLEAs and to take care of emerging threats within our coastal waters. Thank you.