A STUDY OF THE SUPPRESSION OF PIRACY OFF NIGERIA THROUGH THE INSTRUMENTALITY OF PORT STATE CONTROL

Abstract

In the last decade, there has been an exponential increase in piratical attacks, both globally and off Nigeria. Piracy is a threat to freedom and security of navigation, which is pivotal to the increasingly growing international trade volume, particularly for Nigeria whose economy is import based. More importantly, the mainstay of Nigeria’s economy, petroleum, is conveniently transported by sea. Equally important is the fishing industry, which provides revenue for the government and employment to the people of the coastal states in Nigeria. Thus, the continued existence of piracy off Nigeria, as a result of the underdevelopment of the oil producing communities, among others, portends grave danger to freedom of navigation, economic and sociopolitical development as well as the protection of the marine environment by the country. This research, aside from suggesting that the definition of piracy should be reviewed to reflect the features of contemporary piracy act, argues that the extant legal framework in Nigeria is inadequate to combat piracy, prevent unsecured or vulnerable vessels from entering its ports and territorial waters, and effectively monitor, police and regulate activities off the country’s waters. It further argues that the legal regime alone would not ensure the safety and security of vessels off Nigeria, in the absence of political will by state actors in the enforcement of national and international maritime security instruments and other related conventions, regional cooperation and the prosecution of pirates and their sponsors. The central plank of this research is the use of port state control as a platform to suppress piracy off Nigeria. Port state control regime is a veritable instrument to determine the implementation and enforcement of maritime security instruments and other related conventions, local legislations, and soft laws. Moreover, port state control can be used as a platform for engaging in joint military operations, regulatory and monitoring exercises and information as well as intelligence sharing and dissemination under regional cooperation.