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The regulatory framework of the Nigerian blue economy (part 1)

The regulatory framework of the Nigerian blue economy (part 1)

Introduction

In August 2023, the President of the Federal Republic of Nigeria, Bola Ahmed Tinubu, announced the creation of new ministerial portfolios. Part of the new portfolios created by the Tinubu Administration is the Ministry of Marine and Blue Economy, which is headed by Hon. Minister Gboyega Adetola.

The creation of the Ministry is an exciting development for Nigeria and the maritime industry. It shows Nigeria’s interest in harnessing the vast economic opportunities that abound in our oceans and other aquatic ecosystems. In Africa, countries like South Africa, Seychelles, and Mauritius are already active players in the blue economy. In Seychelles, tourism accounts for about 16.5% of its GDP. Tourism is Mauritius’ biggest ocean export. While the creation of the Ministry is laudable, the key consideration is whether Nigeria has the regulatory framework for the actualisation of the blue economy.

In this article, our Rafiq Anammah and Linda Ezenyimulu undertake an overview of the regulatory framework of the Nigerian blue economy.

The Concept of Blue Economy

The birth of the blue economy concept can be traced to the Rio+20 United Nations Conference on Sustainable Development, held in Rio de Janeiro in June 2012. “Blue Economy: oceans as the Next Great Economic Frontier” Accessed on 24 November 2023 The blue economy concept has gained more recognition since then, and it is regarded as an alternative economic model for sustainable development that focuses on the ocean.

The United Nations recognises the blue economy as the 14th Sustainable Development Growth (SDG). The blue economy is part of the African Union’s Agenda 2063; the 2014 Africa’s Integrated Maritime Strategy (2050 AIMS); the 2014 Policy Framework and Reform Strategy for Fisheries and Aquaculture in Africa (PFRS); the 2015 UN Agenda 2030 (Sustainable Development Goals, SDGs); and the 2016 African Charter on Maritime Security and Safety and Development in Africa (Lomé Charter). The African Union has identified the blue economy as a key tool to attaining ‘a prosperous Africa’ based on inclusive growth and sustainable development within the context of the Africa Union Agenda 2063.

Different organisations have come up with several definitions of blue economy. The United Nations (UN) defines blue economy as a range of economic activities related to oceans, seas and coastal areas. The UN highlights the need for sustainable fishing and ocean health as key points for the sustainability of blue economy. The World Bank regards the blue economy as the sustainable use of ocean resources for economic growth, improved livelihoods, and jobs while preserving the health of the ocean ecosystem. To the European Commission, the blue economy refers to all economic activities related to oceans, seas, and coasts. The Commonwealth of Nations describes the blue economy as an emerging concept which encourages better stewardship of our ocean or blue resources.

Though the definition of blue economy varies, the central theme underlying the various definitions is that blue economy involves the use of ocean resources as a means of economic development and improvement of human lives through the healthy utilisation of ocean resources. In essence, while blue economy is a paradigm shift from major dependence on green economy and, in the Nigerian context, on oil, there is the need to ensure that in exploring and exploiting the marine natural resources as an alternative means of economic sustainability and improved living, there is a recognition and implementation of measures to protect the aquatic ecosystem. The sustainability of a blue economy is therefore dependent on a healthy aquatic ecosystem, i.e, the oceans, seas, lakes, ponds etc. As highlighted by the World Bank Group and the United Nations “Oceans that are not healthy and resilient are not able to support economic growth.”

The need to protect and preserve the ocean resources has also been the central theme of discussions at several major international fora. For instance, the United Nations has declared 2021 to 2030 as the ‘Decade of Ocean Science for Sustainable Development’ to support efforts to reverse the cycle of decline in ocean health and to gather ocean stakeholders worldwide behind a common framework.

The importance of oceans for sustainable development was also embodied in, among others, Agenda 21, the Johannesburg Plan of Implementation, the Rio+20 outcome document ‘The Future We Want’, and the 2030 Agenda for Sustainable Development.[ World Bank and United Nations Department of Economic and Social Affairs. 2017- The Potential of the Blue Economy: Increasing Long-term Benefits of the Sustainable Use of Marine Resources for Small Island Developing States and Coastal Least Developed Countries. World Bank, Washington DC. ] Nigeria is a signatory to the International Convention for the Prevention of Pollution from Ships (“MARPOL”) which is aimed at preventing pollution of the aquatic ecosystem by ships and is basically geared at protecting ocean use. However, it has been argued that Nigeria has not done enough to prevent pollution in the Nigerian maritime environment. To achieve blue economy, Nigeria must pay greater attention to the state of its maritime environment.

Nigeria’s Quest to Harness the Blue Economy

Nigeria stands to benefit immensely from blue economy. As stated earlier, the blue economy cuts across all maritime activities, which include shipping, tourism, fishing, maritime transportation, food production, ocean bottom extractive activities, marine biotechnology and bioprospecting, mineral exploration/extraction, etc. The potentials offered by the ocean are enormous, ranging from sustainable “blue energy”, i.e., production of energy from wind, wave, tidal, thermal and biomass sources, to sustainable fisheries, etc. The ocean economy supports 90% of global trade and provides millions of jobs. About 95% of Nigeria’s international trade volume is transported through the waters. The European Commission has identified five areas in the maritime sector with high resource potentials, namely; aquaculture, coastal and maritime tourism (blue tourism), marine biotechnology (blue biotechnology), ocean energy (blue energy) and seabed mining. The World Bank Group and the United Nations further identify a number of services provided by ocean ecosystems (for which there are no markets), and which also contribute significantly to economic and other human activity such as carbon sequestration, coastal protection, waste disposal and the existence of biodiversity. World Bank and United Nations Department of Economic and Social Affairs. 2017- The Potential of the Blue Economy: Increasing Long-term Benefits of the Sustainable Use of Marine Resources for Small Island Developing States and Coastal Least Developed Countries. World Bank, Washington DC. This is in addition to the long-standing maritime practices like maritime transport, shipping, fisheries, oil mining, and extraction activities.

On 17 January 2022, the former Vice President of Nigeria, Professor Yemi Osinbajo inaugurated the Expanded Committee on Sustainable Blue Economy in Nigeria (“ECSBEN”) in Abuja. The ECSBEN comprises maritime agencies such as the Nigerian Maritime Administration and Safety Agency (NIMASA), Nigerian Ports Authority (NPA) and Maritime Academy of Nigeria. Others are ministers of Foreign Affairs, Power, Finance, Environment, Agriculture and Water Resources; Trade and Investment; Chief of Naval Staff, Comptroller General of Customs, Lake Chad Basin Commission and the Nigerian Economic Summit Group. The committee also includes governors of the eight littoral states of Akwa Ibom, Cross River, Bayelsa, Edo, Ondo, Delta, Rivers and Lagos, as well as Ogun and Bornu.] The inauguration of the ECSBEN marked Nigeria’s formal step to actualising its blue economy quest. During the inauguration, Professor Osinbajo noted that the blue economy offered a new frontier for economic development and resource use through a focus on the aquatic ecosystem and that it will facilitate the achievement of the Sustainable Development Goals (SDGs), 2052 Africa Integrated Maritime Strategy (2052 AIM Strategy) and the United Nations 2030 Agenda.

Nigeria has stepped up its commitment to actualising blue economy with the creation of a Ministry for Marine and Blue Economy. With the creation of the Ministry, it is obvious that Nigeria, like its counterparts in Africa and other parts of the world, has started taking practical steps for the exploitation of the wealth and opportunities in its aquatic ecosystems.

Please, note that in the next part of this article, we shall discuss the regulatory framework for the Nigerian blue economy. That part will examine all the domestic legislations and international conventions that regulate the Nigerian blue economy.