President Bola Ahmed Tinubu signed into law the Nigerian Ports Economic Regulatory Agency (NPERA) Act, 2026. This landmark legislation repeals the decades-old Nigerian Shippers’ Council Act, formally transforming the Nigerian Shippers’ Council (NSC) into the Nigerian Ports Economic Regulatory Agency (NPERA).
The enactment resolves a long-standing regulatory ambiguity. In 2014, executive designations positioned the NSC as an interim economic regulator for the ports; a framework that faced legal challenges, such as in Alraine Shipping Agencies (Nig) Ltd & Ors v. Nigerian Shippers’ Council, regarding the scope of executive orders vs. primary legislation. The 2026 Act provides an explicit, primary statutory foundation for port economic oversight in Nigeria.
Key Statutory Pillars of the NPERA Act 2026
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Federal Ministry of Marine & Blue Economy
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Nigerian Ports Authority (NPA) Nigerian Ports Economic Regulatory
Agency (NPERA)
- Operational & Technical Supervision • Economic Regulation & Oversight
- Landlord & Concession Administration • Tariff Approval & Enforcement
- Marine & Physical Infrastructure • Anti-Monopoly & Competition Control
Clear Separation of Governance Roles
The Act establishes a three-tiered administrative structure distinguishing policy, operations, and economic regulation:
- Federal Government / Ministry: Policy formulation and sector oversight.
- Nigerian Ports Authority (NPA): Operates under its technical, operational, infrastructure, and landlord mandate (governing physical port facilities and concession management).
- NPERA: Serves as the independent commercial regulator governing tariff approvals, service standards, market entry, and competition rules across all maritime and port operators.
- Broad Definition of Regulated Entities and Services
Under Section 2 of the Act, the scope of regulation expands beyond traditional shippers to encompass nearly all commercial entities operating within the port value chain:
- Seaport terminal operators and jetty operators.
- Shipping lines, agencies, and charterers.
- Stevedoring companies, off-dock terminals, and inland dry ports.
- Freight forwarders, clearing agents, haulage/logistics providers, and cargo consolidators.
- Tariff Control, Registration, and Strict Sanctions
Unilateral price increases and arbitrary charges are expressly prohibited.
- All regulated service providers must register with NPERA and submit their tariff schedules for approval before implementation.
- The Act equips NPERA with monitoring and enforcement powers, introducing stricter penalties for anti-competitive conduct, non-compliance, or unauthorized levies.
- Dispute Resolution and Competition Oversight
NPERA is empowered to act as an initial forum for commercial disputes involving tariffs, storage fees, demurrage, and service delays. By enforcing fair competition rules, the agency aims to curb monopolistic practices and protect importers, exporters, and logistics operators from arbitrary cost inflation.
Comparative Assessment: Former Regime vs. NPERA Act 2026
| Statutory Parameter | Pre-2026 Framework (NSC Regime) | NPERA Act 2026 Framework |
| Legal Basis | Executive Order / Presidential Directive (subject to litigation risks). | Primary Act of the National Assembly. |
| Primary Focus | Shipper advocacy and advisory representation. | Binding economic regulation across all commercial port operators. |
| Tariff Administration | Advisory oversight; limited statutory enforcement mechanisms. | Mandatory tariff registration, economic review, and statutory sanctions for non-compliance. |
| Operational Scope | Consultative engagement with port users. | Licensing oversight, monitoring of concession obligations, and market competition control. |
Practical Considerations for Maritime Stakeholders
- Terminal Operators & Concessionaires: Review concession agreements, pricing schedules, and operational performance benchmarks to ensure alignment with NPERA guidelines.
- Shipping Lines & Logistics Providers: Update standard terms, ensure prompt filing of all current rate structures with NPERA, and maintain clear records for compliance reviews.
- Cargo Owners & Shippers: Utilize NPERA’s statutory dispute mechanisms to address arbitrary demurrage, unjustified terminal charges, or service standard failures.
- Inter-Agency Harmonization: Regulators, including the NPA and NPERA, must maintain clear administrative boundary protocols to prevent jurisdictional overlap in port access, licensing, and infrastructure fees.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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