Govt urged to establish legislative framework for continental shelf
For Nigeria to fully realise the economic benefits of the additional continental shelf granted by the United Nations Commission on the Limits of the Continental Shelf (CLCS), the Federal Government must establish a proper legislative and administrative framework to regulate the area and ensure its sustainable usage.
The call was echoed by stakeholders, urging the Federal Government to send an executive bill to the National Assembly for appropriate legislation to address the rights, duties and sustainable exploitation of Nigeria’s continental shelf.
These recommendations were outlined in a paper titled, ‘Maritime Law: Nigeria’s Extended Continental Shelf, Legal Appraisal and Strategic Economic Prospects’, authored by Maritime Lawyer and Principal Partner at QU&A, Ikechukwu Ukadike.
The paper provided a comprehensive analysis, revealing that Nigeria currently lacks a proper legislative framework to harness the economic potential of the newly approved areas of its continental shelf.
Ukadike highlighted the immense opportunities presented by these areas, which are rich in hydrocarbons, solid minerals, gas and sedentary species, all of which could be explored for Nigeria’s economic benefit.
Citing Article 77 of the United Nations Convention on the Law of the Sea (UNCLOS), Ukadike noted that Nigeria has exclusive rights to exploit the mineral resources of its continental shelf, including oil, gas, solid minerals and biological resources on the seabed and in the airspace above.
However, Nigeria currently lacks robust legislation to regulate these activities, leaving the country’s strategic maritime zone unprotected by comprehensive laws.
He emphasised that this important and strategic maritime zone cannot be left without appropriate and specific legislation to govern and regulate activities in the area.
While there are existing legislations relating to Nigeria’s waters, such as the Exclusive Economic Zone (EEZ) Act (1978), Territorial Waters (Amendment) Act (1998), National Inland Waters Navigation Act (1997), and the Petroleum Act (1969), Ukadike pointed out that none directly address the regulation of the continental shelf.
Ukadike pointed out that the Petroleum Act only briefly references the continental shelf in Section 15 but argued that this definition falls short of the requirements set by international law, particularly concerning the 200-nautical-mile component outlined in Article 76(1) of UNCLOS.
Ukadike emphasised that investment in the exploration and exploitation of Nigeria’s new continental shelf could significantly boost crude oil production, create jobs and contribute to the country’s economic growth.
He also noted that the additional 20 nautical miles secured by Nigeria from the UN include vast petroleum resources, which currently account for over 90 per cent of the country’s total export value and serve as a major source of foreign exchange.
EXTENDED NIGERIAN CONTINENTAL SHELF – A LEGAL APPRAISAL AND STRATEGIC ECONOMIC PROSPECTS
He noted that, unfortunately, Nigeria has been struggling to meet its assigned production quota due to a range of domestic challenges, which have led to a decline in output.
The paper referenced several studies highlighting the untapped natural resources within Nigeria’s continental shelf, including phosphorite (a key chemical in fertilizer production), glauconite (used as a source of potash for agriculture), and calcareous debris (useful for cement and lime production).
Ukadike also underscored the immense potential of Nigeria’s fishery resources, noting that properly harnessing the additional areas of the continental shelf could increase the nation’s fishing capacity, reduce reliance on imported fish, and create a surplus for export.
Ukadike recommended that the proposed legislation should define Nigeria’s continental shelf based on UNCLOS provisions, including the newly acquired 20-nautical-mile area, and regulate the exploration and extraction of natural resources.
Additionally, the framework should cover economic activities such as fishing, laying submarine cables and pipelines, installing offshore drilling platforms, ensuring safe navigation, conducting scientific research, implementing pollution prevention measures and protection of marine lives and the environment.
He noted that this could boost Nigeria’s fishing capacity, which currently stands at just 1.2 million metric tonnes per annum, and help reduce the country’s over-dependence on imported fish.
Ukadike emphasised that, given the demand deficit for fisheries in Nigeria, properly harnessing the additional area of the continental shelf could not only meet local demand but also create a surplus for export.
Additionally, Ukadike stressed the need for security measures to safeguard economic activities, particularly in light of the security challenges in the Gulf of Guinea.
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