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Client Alert On The Nigerian Port Economic Regulatory Agency Act, 2026 – Marine/ Shipping

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Nigeria’s port sector enters a transformative phase with the enactment of the Nigerian Port Economic Regulatory Agency Act, establishing a comprehensive legal framework for economic regulation and oversight. The legislation grants the Nigerian Shippers’ Council expanded statutory powers over tariffs, licensing, competition matters, and commercial dispute resolution. Critical questions remain about implementation and how the new regulatory structure will coordinate with existing maritime agencies to avoid ju


Nigeria
Transport


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The President assented to the Nigerian Port Economic Regulatory Agency Act on 13 August 2026, signaling a new era, particularly in port operations in Nigeria.

The new Act establishes a substantive legal framework for the economic regulation of Nigeria’s ports, strengthening the regulatory architecture governing commercial activities within the port sector.

Notably, it provides statutory backing for the economic regulatory powers of the Nigerian Shippers’ Council, including oversight of tariffs, rates, and charges imposed by service providers. The framework also extends to the licensing and supervision of port service providers, competition matters, and the resolution of commercial disputes arising within the maritime and port sector.

Beyond strengthening regulatory oversight, the Act is expected to provide greater certainty in the commercial relationships between port users and service providers, while giving the regulator clearer authority to intervene where regulatory breaches occur and impose appropriate sanctions.

The next critical phase, however, will be implementation. Particular attention will be required in delineating the functions of the new regulatory structure alongside existing maritime agencies, especially to minimize regulatory overlap, duplication of functions and jurisdictional conflicts.

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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