NIGERIAN MARITIME CABOTAGE POLICY AND LAW: THE CASE AND ADVOCACY BY MIKE IGBOKWE, SAN
REVIEWED BY CHRIS ASOLUKA

Introduction

The Book

Nigerian Maritime cabotage policy and Law: the case and Advocacy, a 541-page book by Mike igbokwe SAN has some special attractions.  It is not just because this book is a very welcome addition to the sparse shipping literature; it is a rich source on a twin subject matter garnished with a multidisciplinary flavor. It is a deeply researched work on cabotage, a subject that is hitherto been a mystery to many and often confused with sabotage”.  In addition it gives a solid account on how best a bill can be managed to pass through the legislative “eye of the needle”. As an in-depth analysis of legislative advocacy the author has equally chronicle the key issues and actions in the formulation and enactment of the coastal and inland shipping (cabotage) Act, 2003

Little wonder then that out of 310 bills which queued up for legislation by February 2003, the cabotage bill was among the few bills passed by the national assembly. The presidential assent was born with panache, to celebrate the much needed cordiality between the two arms ushered in by the sort of collaboration by key actors and stakeholders. In a uniquely Igbokwe tell-all style, this compendium is a veritable insider account of the arduous task of projecting and sustaining the cabotage issue as a critical agenda at the national legislature. How it was eventually passed remains a classic lesson for all involved in legislative advocacy and surely some kind of a thriller awaiting readers.

The cabotage act from all account could not have been successfully navigated ashore without a season captain, his crew members and indeed a sea worthy vessel. What was the nature of legislative voyage? And how was this definitive piece of national shipping policy finally realized? There were as well some anxious moment when the sea was so rough and the quest became rather uncertain, throwing up, as it were, a number of concerns. What were these contentious issues and how were they addressed? These constitute the substance of this book including of course a tentative review of the implementation of the act after three years of enactment. Mike igbokwe as not just showed in his talent as worthy advocate. No wonder he was confirmed with the distinguished honor of SAN not minding his chronological age and number of years at the bar. He has also in this book exposed a remarkable gift of a painstaking researcher. He has presented in addition us with a collection of rich advocacy and exposition not just on a rather technical subject in shipping termed cabotage but also on strategy for effective legislative advocacy.

In a somewhat racy pace, the book lucidly explains the meaning of cabotage, it various forms and a comparative national application of cabotage. Of equal treatment was a detailed legislative journey in the formulation and enactment beginning with the awareness campaign and the involvement of the author in stridently making a case for a cabotage legislation and regime in Nigeria. By taking major definitional and taxonomical issues of cabotage head on, the author revved in to demonstrate the benefits that would accrue to the nation under a cabotage regime. Yet he remained mindful of the inherent difficulties in the particular types and nuances of cabotage, appropriateness of policy design and in implementation if the cabotage must succeed.

Furthermore the books clearly unveils formulation hurdles often thrown up in the course of legislation; how can we safeguard a good bill from such man-made contraption and other exigencies which naturally delay and even”kill” legislation? True to his calling as an advocate, Mike Igbokwe has in a witty but assertive manner waded through some huge obstacles as if he was pursuing a personal cause. A case in point is a illuminating story of the author’s letter to the national assembly on the need to save itself from being misunderstood. We are also provided with ample illustration of how in fighting among competing coalitions could jeopardize policy formulation and enactment. National interest, commitment and determination to make a difference are in clear evidence as the story unfolds.    

2. An overview of the goal.

The Hon Justice Muhammadu L.Uwais, retired Chief justice of the federation, captured the burden of this book. In his foreword to this book, he observed that what the author has set out to achieve is to inform the public and the stakeholders on the subject (Cabotage)…and beyond this the book has capacity to provide a guide to both the old and young maritime lawyers”. The revered justice concluded that the author, for good measure has provided information on the depth of advocacy which culminated in the enactment of the cabotage act. Has the book been able to achieve these goals? The answer is a resounding yes. The first concern of any leader is to understand what the content of cabotage is all about, and why it has become essential Nigeria to adopt policy. The main questions were posed without revolution. Let us take a few samples.

3.0 The Structure of the book

The book is in fourteen chapters which appendices .However this chapters should be read separately without much difficulty as each can stand alone. A closer study however reveals some degrees of interesting common thematic threads joining the chapters into four heads as follows;

3.1 Advocacy
These are chapters mainly dealing with issues of advocacy. The essays seek to justify, create public awareness and set cabotage as a burning national legislative agenda. In
The end they are premised in such a manner to persuade the stakeholders to glue together as in other to unleash a momentum to secure not just legislative sympathy but to ensure expedited of the bill. For the classificatory attempt is not to pigeonhole the collection into watertight compartment. Without doubt the essays at times deal with more than one objective. For instance while essay in advocacy largely focus on issues quite similar to those under the expository thing discussed below, the distinguishing point here is that we are generously feed with the meaning and types of cabotage regime, with a case forcefully made for the enactment of cabotage legislation of a particular regime. T5he collection of essays under this things include chapters 1,2,3,6 and 7.Brilliantly this section after taking care of issues and of  meaning and types of cabotage introduces the benefits that could come with cabotage legislation.

Chapter one traces the origin of the concept and concludes, “Maritime cabotage law is a law empowering navigation and trading within a country’s coast or from port to port within a nation(domestic shipping) to be reserved exclusively for and to be carried on by national flags and nationals”. Noting the different types of cabotage(restrictive and relaxed forms) the provided thirteen justifications for cabotage, see pages four to fourtheen.With the flourish of a satisfied advocate he asserted that it is only wise and appropriate for Nigeria (to adopt cabotage regime) if the US which is in the forefront of globalization, the regulation trade liberalization(free marketism) and anti-trust/competition does not see anything wrong in the protective tendencies of its jones act –cabotage law ”Predicting the impatience of any critic, chapter two identifies a number of “present and potential problems of the cabotage. The book at the same breathe provided solutions, and concluded that the benefit of  cabotage law far outweigh the problems…given the political will and courage…and consultation in the stakeholders.

Chapter four which actually was part of the consultancy report is a must read. It is briefly researched work which added confidence to the entire agitation. It has demonstrated how cabotage legislation can ensure adequate cargo support for indigenous shipping company, solving a major crisis of cargo availability, which has remain the source of concern for any shipping operator. It provides all one would like to know about cabotage.Chapters 6 and 7 reemphasize issues raised in the previous chapters but tailored for a different audience.

2.2 Expository and explanatory essays
Expository and explanatory essays are well marshaled out in chapter five, which deals with the issues of ministerial waiver, while chapter 8 is on the role of the erstwhile National Maritime Authority, NMA which has now been subsumed under NAMASA. The same theme continues with some highly illuminating account on the proverbial journey to Damascus such as the classic interesting story of the Nigerian cabotage and chapter 11 applies the indented effect of cabotage on the local shipping industry. Chapter is a lucid exposition on the legal and institutional framework for the implementation of cabotage regime.

Chapter 5 treats a rather controversial subject. It is about the ministerial waiver power. Diminishing trust for government and acception of abuse of discretionary power by officials tended to tear apart the cohesion of the advocacy coalition of key shipping stakeholders. And this gap would have sufficient to delay or even defeat the spirited ways to secure the passage of the bill before the expiration of that particular National assembly. Because Nigerians on the other hand wanted a strict cabotage regime, which localized ownership crewing, flagging and building of cabotage vessel, there was no where the capacity would be provided overnight. The author in response to enquiries, like a trained boxer counted those exposed to the waiver power of the minister:” where the vessels needed by Nigerians to participate and to control Nigerian cabotage trade cannot be built and repaired by Nigerian shipyard, it is tantamount to shooting itself in the legs if Nigerian cabotage law should bar or restrict the use of foreign built vessels without waiver, until Nigeria shipyards can build the needed vessels”.

Chapter 8 is still expository as the author delves into the role of  NMA, now to be read as NAMASA, as the implementing agency for cabotage. He argues for adequate preparation of the staff to “become aware of their new role…for efficient and effective execution of statutory role”  a solid contribution to executive-legislative building and legislative strategies to secure passage of bills is masterly presented by Hon(Dr)Okeh Udeh  in chapter 10.

3.3   Evaluation of implementation Essays   
 Evaluation of implementation of the cabotage regime x-rayed the impact, which it has had so far on the Nigerian shipping industry.  It in addition proffers solution on what to do  and how to do it if it if the anticipated gains of the cabotage regime are to be realized .Please see chapter 12.In this chapter a double barrel approach was introduced. Two papers presented at the 2006 Maritime seminar for Judges, the author delivered an interesting appraisal of the cabotage after three years which received equally and perhaps more student dissection by Captain Emmanuel Iheanacho, arguably one of the foremost critics of shipping policy administration in Nigeria.  Both are not only interesting but also very challenging to the implementing agencies and policy makers

3.4 Evidential Theme
Evidential theme brings out the Lawyer in the author. Not only has he succeeded in his legislative advocacy, the case of the authenticity of the story of cabotage  according  to Mike Igbokwe would not have been proved beyond a reasonable doubt or even on the milder requirement of a “ a balance of probability “ without evidence. To prove  his case, chapter 9 represents correspondences, which worked magic in the pursuit of securing cabotage legislation. The chapter does not only strengthen his case and claim but provides lesson for all interested in developing legislative advocacy skills. Coming from my background, I equally testify to the efficacy of the strategy highlighted in the correspondence.  Chapter 14 provides further pantheons of proof to the issues treated in the book. For those interested in legislative research, the appendices provide a research, the appendices provide a rich source material, especially on the metamorphoses of bill.  

4.Critique of the Book.

It is not certain whether the collection is arranged in any particular order. A thematic arrangement as above would have been of more help to a reader in a hurry to get the gist of the book or use it as a work of reference. In a related manner, it is my considered view that the true essence and intellect of the author would have shone greater with just a little more attention paid to editing and proof reading. These tiny details book could have made the book tighter and more comprehensible. Take the equisite research in chapter 4 which I regard as the flagship. Combined with the first three chapters, a perfect treatise on the evolution and challenges of Nigerian cabotage would have been achieved. They deal with almost the same issues. As a matter of fact, the mionor writings should have been annexed to the major chapter under each of the thematic groups. See pages 1 in chapter 1,37 in chapter 3 and read them together with page 104 in chapter 4, observe hanging sentence at the bottom of page 209 as examples. There are also numerous instances of free use of jargons and colloquialism understood by a select few. This should be the case for the book is classic piece deserving of a wider readership. For the sake of the layman, it is suggested that the book could do with a little refreshing breath of simplicity in style and language.

However, these apparent shortcomings can be understood given that this collection of well-researched essays was written under different circumstances and for different audience. The major concern of the author was to persuade and galvanise support for the passage of the bill. Likewise, the book still remains a collection, an authentic account of the issues and events together with the dynamics of the Nigerian condition. In this respect, grouping chapters under thematics heads could destroy their historical and contextual relevance, and certainly deprive readers of the lessons to be learned from astute advocacy campaign that secured the bill. Moreover I suspect the order of presentation was informed by the fact the various chapters were for different audience, hence there is the overriding need to make the collection factual.

5.0 Conclusion
Notwithstanding the debate on what could have been the best arrangement for the book, I, without any reservation, commend the author and recommend this important book from a number of standpoints. As a colleague in the shipping industry, this book provides a gold mine of information useful for thorough understanding of comparative shipping policy. As a researcher, the collection is a rich source book on Nigerian shipping statistics so hard to assemble in any meaningful form. From a point of view of practitioner in legislative advocacy and policy implementation, one can gain very useful insight in the mechanics of policy formulation and implementation. Yet as a one-time legislator, I attest to the effectiveness of the secret persuasive strategy of the author. This is surely a worthy work of reference that will remain relevant for a long time. It is therefore also for general public.

Finally and as one who has the privilege of once being the author’s teacher, nothing can be more emphatic than concurring with Mrs. Mfon Usoro, the DG of NAMASA  who noted in her endorsement that: “that this book could not have come at a better time than now”. Hon. Minister permit me therefore to add that the iron triangle which coalesced into an alliance of sorts comprising the Presidency, The Ministry OF Transport and NAMASA on the one hand, the legislature championed by Hon. Okey Udeh and all the stakeholders including this reviewer and the author deserve appreciation and we urge that this coalition should be strengthened. See page 411 for the president’s commendation of this collaborative initiative. It is the only way that the lot of Nigerian shipping industry can be improved and made competitive internationally. Shipping is our great resource and given our oil and gas endowment, Nigeria with proper planning and effective implementation surely has a competitive advantage. Mike Igbokwe, we congratulate you for solidify making the point in your advocacy for a cabotage regime.

Thank you all for the attention.