The necessity of establishing Coast Guard in present day Nigeria

By Captain Ichaba

Existing conditions in the safety, security and protection of the Nigeria Maritime Commercial Activities and Community and their overall effect on the nation demands a speedy desired solution to advantageously close-up the unsatisfactory existing gaps. The precise aim of eliminating these ill conditions is what necessitate calls for appropriate action towards establishing Nigerian Coast Guard, whose duty, function, operation and services, justify reasons for calling for its establishment, to ensure the security and safety of the maritime commercial market place where buying and selling, involving ships, crews, passenger, loading, offloading and such other business transactions takes place.

Considering the irrefutable reasons, immense value, operational relevance and numerous benefits, the following are cogent, advantageous and timely reasons why Nigerian Coast Guard need to be established without further delay, indecision, indifference or inaction:

a) What is Coast Guard
I. Coast Guard is the first and foremost Maritime Law Enforcement Agency. A Safety, Security and Protection Provider for the open maritime commercial activities, that ensures the security, safety and protection of the physical locations, installations, facilities, persons and legitimate interests where Maritime Market, Business, Trade and Commerce takes place. This is a central maritime place where buying and selling, involving exchanges of
goods, services, commercial ships, shipping activities of loading and offloading; etcetera, takes place.

II. Nigerian Coast Guard is the country sure Agency for huge revenue generation and massive employment provider. It is the POWER HOUSE and PILLAR of the Maritime Money-making Activities of Nigeria.

III. Coast Guard is Nigeria’s lawfully coastal security and safety flag bearer at international gathering of Coastguard nations that would earn Nigeria the desired international respect.

IV. Coast Guard is Nigeria’s Regular Career Commercial Marine Security Service Provider. It is a National Asset, Child of necessity, wheel of fortunes and a frontline maritime security Agency, that leads, impacts, builds and brings light to the Security of Nigeria’s Maritime Commercial Activities.

V. Coast Guard duty is not a duplication of the duty of any existing Agency and does not conflict with the constitutional duty, role and place of such Statutory Bodies, but, an indisputable necessity with resilient benefits, massive objectives, credible reasons, rightful place, global historical importance, realigning of task to conform with its operation, services, nomenclature and representation in maritime working scheme.

VII. Coast Guard is the main Organization that is regarded as National Contracting Government Port Security Authority. This makes Coast Guardsman a Maritime Law Enforcement Officer;

VIII. Coast Guardsman can board any flag vessel in the nation’s waters to inspect, perform search, ask questions and carry out specified duty without offence, but, it be an illegal action if Navy should do that because it is not the duty of Navy to do so;

IX. Coast Guard supervises loading, offloading, anchoring, port facilities, formations, installations, equipment, takes tonnage, collects prescribed levies, fees, monies, documents, remits in real time, etcetera;

X. Coast Guard secures areas where maritime commercial activities take place and tackles piracy, smuggling, illegal fishing and other maritime crimes;

XI. Coast Guard prevent pollution of marine environment, collision, launching, landing, taking on board any illegal item (aircraft, military device, gadget, contrabands) and traffic rules;

XII. Coast Guard regulates and inspects vessels and maritime facilities to reduce risk of marine pollution, risks, accidents and other incidents;

XIII. Coast Guard regulates maritime commercial traffic and manages the security of the waterway transportation system;

XIV. Coast Guard protect the nation’s ports, waterways, shorelines, conduct search and rescue missions, stop illegal drug smuggling;

XV. Coast Guard verifies compliance of ships with ISPS Code and other maritime laws and issues appropriate certificate;

XVI. Coast Guard is responsible for port security plan or Port Facility Security Plan and collaborates with Port Facility Security Officer (PFSO), Ship Security Officer (SS) and other relevant sister Agencies for effective implementation;

XVII. Coast Guard observes Article 111(1) of UNCLOS that provides that: “Pursuit must be commenced when foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea or the contiguous zone of the pursuing State, in accordance to maritime zone in which pursuit must commence;

XVIII. Coast Guard reduces incidences leading to loss of life within the waters through Search and Rescue in the waters, rivers, lakes, ponds and waterways and to protect installations, etcetera;

XIX. Coast Guard protect offshore areas and resources for national security, economic well-
being, nation building & good governance of the maritime commercial zones;

XX. Coast Guard duty has huge value addition to national economy, security of maritime commercial activities, crews’ and port facility safety. It is suited and well designed for maritime commercial interaction with operators of vessels as well as a major contributor to national revenue;

XXI. Coast Guard is the organizational name that IMO recognizes as the actual Government Agency with the right occupational duty as Watchkeeping, to which IMO prescribed security duty of Securing vessels, crews, goods, passengers, port workers, facilities and other commercial activities of the maritime business to;

XXII. Coast Guard is the real Agency that is expected to be called upon for action, rescue, responsibility and accountability, the same way IMO targeted Port Authority, Shipping Companies and Seafarers that are involved in maritime commercial activities. Coast Guard serves as the first responder and rescuer on the water, as trained life safer;

XXIII. Coast Guard is that Government Establishment that has the exact occupational duty, organizational name, career nomenclature and that has local and international obligation to put into effect the provisions of ISPS Code, UNCLOS and other agreements, articles, legislations, protocols;

XXIV. Coast Guard is the answer to income induced MoU that has made Government Establishment with clearly defined constitutional duties to abandon and dump their constitutional duties in preference for performing coast guard duties in order to earn additional income through income induced agreement, which brings extra financial
burden on the government;

XXV. Coast Guard is consequent upon God’s creative choice, therefore a twin creation of Nigeria. Creating Coast Guard is in line with God’s ordained plan;

XXVI. Coast Guard duties, functions, services and protocols are crucial and central to the success of Nigerian maritime commercial business; without extra cost to keep the nation’s maritime commercial activities, safety and security;

XXVII. Coast Guard is a separate Organization with distinct duty and purpose, and it carries out a number of tasks that are crucial to keeping the waterways safe;

XXVIII. Coast Guard is technically both a federal law enforcement agency and military branch within the Department of Security of the nation;

XXIX. Coast Guard performs specific and general Security Operations and Defense operations, because, in times of war, Coast Guard or individual components of it can operate as a service of the Department of the Navy, as a Branch of the Armed Forces that performs both military and civilian functions;

XXX. Coast Guard has a role of self-defense and it is the primary government entity for maritime search and rescue, Aids to Navigation, environmental protection and law enforcement, enforcing maritime international/local laws and responding to incidents;

XXXI. Coast Guard is to ensure a set of procedure that aimed at adequate maritime law enforcement and good maritime governance, and to provide solid institutional guarantee for advancing maritime commercial activities;

XXXII. Coast Guard make major contribution to maritime regional organizations, international maritime bodies, coast guard networks, order and security, for proper cooperation and confidence building as well as international prestige;

XXXIII. Coast Guard is to place Nigeria in a compliance position to international legal provisions meant to safeguard Nigeria’s maritime interactions and commercial activities with other nations of the world;

XXXIV. Coast Guard also is part of the Department of the Treasury and the Department of Transportation because of the nature of its duty;

XXXV. Coast Guard is that unique Maritime Security Agency responsible for an array of maritime duties and which performs functions that are definite, distinct and different from the constitutional or conventional duties of the NAVY;

XXXVI. Coast Guard is the Real Active Sea Military Security and Safety Service Providers or the

Security Pillar of the nation’s Maritime Commercial Businesses and Activities;

XXXVII. Coast Guard motto is “Semper Paratus” – meaning “ALWAYS READY” and its universal;

XXXVIII. Coast Guard has its own Flag that symbolizes the main philosophy of the profession, its
motivation, purpose of existence and operations that it carries out., just as its logo, insignia,
accoutrements and structure;

XXXIX. Coast Guard has internationally marked jurisdictional baseline of 0 – 12 nautical miles of the
maritime business zone and it is the truly recognized authority to call upon in the face of attack, excessive maritime claims or when such other maritime transgressions are committed;

XL. Coast Guard real worksites are divinely delineated for human activation, utilization and
expansion, and it has its’ own Creed, Vision, Mission, peculiarities, advantages, disadvantages
and destiny;

XLI. Coast Guard will stand as a Coordinating Agency for intergovernmental relationships, joint operations and Nigeria’s actual International Flag Bearer at International Coast Guard Meetings;

XLII. Coast Guard is designed, to be drafted and deployed to the country’s internal rivers, lakes, creeks, mangroves, dams, terminals, jetties, lakes, canals and other actual worksites to carry out its duties, functions, services and exercises;

XLIII. Coast Guard is answer to how Nigeria can lead the Continent of Africa by good example, for effective collaborations with Locals, Nationals, neighbouring Countries, and International Organizations;

XLIV. Coast Guard guards the coastline as it is not Navy’s job to do so. Coast Guard performs other functions or duties not included here.

B. THE PRESTIGIOUS PLACE OF THE NAVY

Navy is credited for performing its duties under Parliamentary Act No. 21 of 1964 and Armed Forces Act Cap A20 Laws of the Federation of Nigeria, which is appreciated for filling the gap due to absence of Coast Guard Agency. Since Navy involvement in maritime commercial market place and their representation does not align with the stipulations of the international and local Legal Orders, it is necessary to establish Coast Guard to safe Nigeria from any looming penalties if violation of International Legal Orders if eventually slammed with such allegation.

The void that the absence of Coast Guard created, makes it necessary to align with the desire of fulfilling the complete destiny of the maritime commercial businesses by ensuring organizational existence of the Agency and of earning international prestige as well as uplift national interest and national value, and this is not expected to be obstructed by any Institution that draws its budgetary allocation and salaries from national treasury and the people taxes.

It is well known that:
I. Navy’s primary role is Defense of territorial integrity and sovereignty of the nation from external attack or aggression through the sea front as a warfighting Organization;

II. Navy operates from an area of the ocean extending from 12nm – 200 nm (230m) beyond a nation’s territorial sea, within which a coastal nation has jurisdiction over both living and nonliving resources;

III. Navy is concerned with policing, diplomacy and protection at sea outside maritime commercial areas of buying and selling (trade and commerce);

IV. Navy is focused on maintaining a war-ready fleet and ensuring freedom of the global sea;

V. Navy is responsible for charts and hydrographic survey and geographical coordinates;

VI. Navy is to be vigilant over the area of the seabed, ocean floor, the subsoil, submarines, underwater vehicles for the safety of the nation;

VII. Navy is for confinement of tankers, nuclear-powered ships, ships carrying nuclear or other dangerous materials or direct such to sea lane as indicted on charts;

VIII. Navy is for any engagement by foreign ship that poses or uses force against the sovereignty, territorial integrity, political independence of the State;

IX. Navy is to subdue any practice with weapons of any kind, any illegal act of collecting information or use of propaganda that may prejudice the defence or security of the nation;

X. Navy is concerned with ships manned by commissioned Armed Forces Officer, ships that are for non-commercial purposes and that their movement is suspicious;

XI. Navy is to ensure freedom of navigation and openness of sea lines communication;

XII. Navy is responsible for charts and hydrographic and geographical coordinates;

XIII. Navy through its diplomatic role ensures non-violation of the principles of international law relating to its sphere of operation;

XIV. Navy is to prevent hindrance to legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities, prevention of dumping of wastes or other matter from vessels, aircraft and others that divert from sea lane;

XV. Navy is to prevent any act not having direct bearing on innocent passage;

XVI. Navy is to prevent carrying out of research activities or hydrographic survey that is
not approved by relevant national authority;

XVII. Navy is to protect marine scientific research and hydrographic survey;

XVIII. Navy is to relate with Coast Guard on matters requiring sharing professional ideas, information and other subjects that could bring the best to the nation;

XIX. Navy is to maintain the country’s laws within its jurisdiction in the territorial waters as well as the Exclusive Economic Zone, and defend Nigerians from possible enemies in the waters;

XX. Navy is to negotiate from the position of strength when and where necessary;

XXI. Navy is to train new generations who wishes to join the Navy;

XXII. Navy is to perform all the duties and functions defined by the Constitution, and support changes whenever the need arises.

C. IMPORTANT INFORMATION

Nigeria was an active participant in UNCLOS III, having joined in the clamour for such a conference, as a result of the desire to be directly involved in the molding of a ‘new’ law of the sea. For Nigeria, like most other newly independent developing states, this was premised on the belief that the ‘old’ law of the sea was simply a product of an ‘old boy network’ of a few developed maritime states. After about nine years of intense negotiations, involving a highly complex negotiating process, ‘the constitution of the seas’ – was adopted at Montego Bay, Jamaica. Nigeria was one of the states that signed the Convention, which came into force on 16 November 1994, and it became a party to the Convention on 14 August 1986. Should Nigeria be in perpetual delay in complete
compliance to international legal order?

Navy’s existence and performance is not a deterrent to the creation of Coast Guard. The Establishments are separate in their focus and mandate. Their operation comes without conflict, as Navy focuses on national Defence Mandate, and Coast Guard would serve national Maritime Law Enforcement, security and safety duties among others.

Certainly, no duplication, no conflict, no wastage, no malice, no difficulty in realigning duty and no mischief in doing so; Coast Guard and Navy as two separate Agencies of the same government would have basis for robust relationship, collaboration and complementing each other where necessary. Both are designed to serve national interest, to bring value and international prestige, not institutional interest. This id the truth that should guide in supporting the creation of Coast Guard; Navy is only expected to agree with this current need and let
there be necessary legislative adjustment of the imbalances and realignment.

D. BINDING INTERNATIONAL LEGAL ORDERS

The United Nations Convention on the Law of the Sea (UNCLOS III) – known as the “constitution for the seas and waters” – is the overriding “Maritime International Legal Order” that governs all aspects of the ocean space, its uses and the resources therein. The Convention set modalities for its proper implementation. It gave right to member States compliance standard, which includes the right of State to the territorial waters, aid to navigation, exclusive economic zone, conservation of marine resources, use of personnel of an appropriately designated agency for maritime law enforcement, strict adherence to jurisdictional limits and among others and in accordance with:
I. Article 3 of UNCLOS III stipulates that:

“Every State has the right to establish the breadth of its Territorial Sea up to a limit not exceeding 12 nautical miles, (22 Kilometres or 14 miles), measured from baselines determined in accordance with this Convention”. (Note: this is the physical location where human interactions take place for purpose of transacting business, effecting exchanges of goods and services, passengers, workers, transportation and related transactions as well as where carrying out enforcement of maritime laws; among others, takes place).

II. Article 2 paragraph 3 states that:
“The sovereignty over the territorial sea is exercised subject to (the provisions of) this Convention and to other rules of international law”.

NOTE: This implies that any activity within a State’s territorial sea must be in accordance with laid down international law, including the ones governing maritime security, use of personnel of an appropriately designated agency deployed to carry out operation within the clearly defined Territorial Sea or jurisdiction.

The key point is the “use of appropriately designated Personnel of the globally recognized and universally respected occupational duty performer and acceptable organizational name; whose personnel are required to
ensure the safety, security and protection of maritime commercial activities. Coast Guard is the globally recognized and universally respected Maritime Law Enforcement Organization under UNCLOS III and ISPS Code.
III. Article 94 paragraph 1 has it that:

“Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag”.

NOTE: This includes ensuring that ships comply with international safety and security standard, taken into cognizance use of appropriately designated agency personnel whose presence and relating with the administrative,
technical and social matters would be civil-friendly.

IV. Article 94 paragraph 2 (b) stipulates that:
“In particular every State shall assume jurisdiction under its internal law over each ship flying its flag and its master, officers and crew in respect of administrative, technical and social matters concerning the ship”.
NOTE: This reinforces the State’s mandatory responsibility to regulate the personnel on its ships, hence, it becomes obligatory to use personnel of occupational duty, organizational name and appropriate nomenclature in
this instance.

V. IMO specific guidelines further clarify the restrictions of the use of military personnel on merchant (commercial) ships, crews and related matters are: MSC.1/Circ.1405/Rev.2 paragraph 1.1 advises that: “the use of privately contracted armed security personnel (PCASP) on board ships in the High Risk Area should be considered as part of a layered defense to deter, prevent and delay piracy attacks”.

VI. MSC.1/Circ.1405/Rev.2 paragraph 1.2 states that: the use of Military Personnel on commercial vessels should be avoided to prevent escalation of conflicts and ensure compliance with international maritime security standards”.

NOTE: This is a clear instruction and direct disapproval as well as restriction on the use of Military Personnel on commercial ships/vessels.

VII. Resolution A.1079 (28), Annex, paragraph 4.2 highlights the fact that:
Contracting Governments should ensure that ships flying their flag comply with International Ship and Port Facility Security (ISPS) Code, which includes measures to enhance the security and port facilities”.

NOTE: This underscores the importance of adhering to international security and safety standards, while holding the consequences of its violation in view.

VIII. Nigeria signed UNCLOS III on 10th December 1982, after its adoption and opened for signature, together with the Final Act of the Conference, at Montego BAY, Jamaica. The Convention was ratified by Nigeria on 14th August 1986, and it came into force on 16th November 1994. The Convention and other related Agreements with their wider acceptance, uniformity, consistent application and effective implementation is binding on all
member States.

IX. The ISPS Code is a Convention of the International Maritime Organization
(IMO) aimed at implementing IMO mandate as a Specialized Maritime
Agency of the UN established in 1948, which entered into force on 17th
March 1958 with a charge to implement UNCLOS III, specifically, the
responsibility of ensuring the safety, security and protection of ships, ports,
port-workers, government agencies and prevention of marine and
atmospheric pollution by ships.
X. Chapter XI – 2 of ISPS Code stipulates that:
“The International Ship and Port Facility Security (ISPS) Code implementation
would be through chapter XI-2 on special measures to enhance maritime
security in the International Convention for the Safety of Life at Sea (SOLAS).
The Code is a two-part document that described minimum requirements for
the security of ships and ports – as measures to enhance maritime safety and
security of the maritime commercial activities. It was adopted on “12th
December 2002”.
NOTE:
IMO introduced ISPS Code, to achieve maximum security arrangements for
ships, crews, seafarers, ports, goods, passengers, port-workers, facilities and
everyone involved in the operation of vessel and maritime commercial
activities within the zone. The Code came into force on July 1, 2004.
Nigeria joined IMO in 1962, became a full member on 15th March 1996 but
was expelled due to the killing of Ken Saro-Wiwa, but, readmitted in year 2000.
XI. IMO prescribed these sets of comprehensive measures and responsibilities
to be enforced by a globally recognized and universally respected
appropriate Agency of Government, known by its occupational duty,

organizational name and professional nomenclature, which should be in-
charge of Coastal Security, Safety and Protection, to enforce ISPS Mandatory

Code, in order for each State to be in compliance with the Code. In that way,
IMO ensures that existing international maritime laws are fully obeyed by all
member States.
XII. MERCHANT SHIPPING ACT 2007 Part VIII 83, subsection 1 (d) states:
“requiring that in any case a ship shall be under the charge of a properly
certificated master and that watches at sea and in port shall always be kept
by appropriately qualified officers.

XIII. With the UNCLOS III, ISPS Code and MS Act of 2007, the State has sovereign
right to set laws, regulate its use, and use any resources within its
jurisdiction, only in conformity with the Conventions and the Act.
Enforceable and applicable within the areas where civil and maritime
commercial activities involving port, ships, crews, seafarers, goods,
passengers, port workers, facilities, equipment, installations and maritime
laws takes place. Which is the primary jurisdiction of Coast Guard Duties,
functions, services and protocols, as the globally and universally recognized
and respected Institutional Agency.
The cited stipulations justify the patriotic call for the establishment of
Nigerian Coast Guard, which is Maritime Commercial
Guardians/Watchkeeping. These Legal Orders overrides any existing
legislation/arrangement that occasioned misalignment of coastguard
duties.
XIV. Article 57 of UNCLOS III stipulates that:
“The Exclusive Economic Zone (EEZ) shall not be extended beyond 200 nautical miles
from the baselines from which the breadth of the Territorial Sea is measured”.
“The State has right to explore and exploit marine resources within this extended jurisdiction”.
Note: Going by the stipulation of the International Constitution for the Sea and ISPS
Mandatory Code for all member States to enforce.
E. GLOBAL MARITIME SECURITY CONFERENCE
COMMUNIQUES AND RECOMMENDATIONS:
XV. Binding Communique and Recommendations of the Global Maritime Security
Conference (GMSC) 2019, from Panel 5 – 10, under Maritime Security, Legal
Framework and Regulatory issues in the Gulf of Guinea:
 Recommendation 6 has that there should be “Remedial measures
against non-compliant countries – Review of ECOWAS Protocol for
expansion of powers of ECOWAS Community Court”.
 Recommendation 11 States “the need to emplace appropriate
mechanism to enforce the law on maritime security”
 Recommendation 12 states that “the need to focus on enforcement of
international ship and port security code at the port”.
 Under Panel 6 – Moving beyond Policy Statements to Taking Action….
Recommendation 11 has it that “Political Leaders to demonstrate

political commitment to expedite the enactment of relevant laws against
maritime crimes”.
 Recommendation 18 states “improve partnership between security
agencies of the GoG and Merchants to build Regional framework for
dialogue and coordination towards enhancing sharing of commercial and
operational intelligence”
 Under Panel 7 Recommendation 2 has it that “GoG States to
implement and enforce the use of long range tracking and
identification (LRIT) system for (commercial) vessel surveillance in line
with IMO/SOLAS Convention”.
 Under Panel 8, Future of Maritime Security: Trends, Emerging Threat
Vectors and Capability Requirements, Recommendation 6 states that”
Nigerian Maritime Law Enforcement Agencies should focus attention
on jetties, fishing boats and international oil companies as a means of
tackling maritime crimes”
 Recommendation 8 states that “Nigeria should pay more attention to its
citizens who have been trained and acquainted with maritime operations
and provide employment opportunities to avoid them engaging in
maritime crimes”.
 Recommendation 11 states that “States should shift focus from (use of)
traditional security – Military or Naval responses of (from) managing the
consequences and addressing the problem itself”.
 Recommendation 16 states “Maritime Law Enforcement Agencies should
admit shortcomings or problems caused by insecurity at sea”.
 Recommendation 17 says “State Nations should measure the effectiveness
of various private maritime security agencies operating in their regions
with a view to determining their relevance in the regions”.
 Recommendation 19 is “States should focus on capacity building in
enforcement and policing, developing maritime patrol, surveillance and
coordination capacities”.
 Under Panel 9 – Enhancing Maritime Domain Awareness Recommendation
5 states “Maritime Interagency Stakeholders’ roles, responsibilities
and authorities should be well sorted out”.
 Under Panel 10 – Maritime Security Partnerships, Recommendation
12 “exploring the Blue Economy for the benefit of local communities and

national wellbeing as part of the process of checkmating and reducing
maritime crimes”.
 Recommendation 14 is that “Recognize the contribution of Seafarers
and to emplace systems and procedures to assure their safety from
attempts of piracy and other related maritime crimes”.

XVI. The final communique of the GMSC which was attended by international,
continental and regional maritime institutions and stakeholders as well as
representatives from over 80 nations, for the 3-day conference organized by
Federal Ministry of Transportation, NIMASA and Nigerian Navy, between 7 – 9
October 2019 at the International Conference Centre, Abuja, resolved under b.
states that:
 b & j respectively that “Navies/Coast Guards and Maritime Law
Enforcement Agencies in the GoG States should engage in regular
joint maritime operations, including with international partners, to
harmonize operational procedures, training standards and foster
interoperability” and “GoG States are encouraged to sustain regular
meeting of heads of States, heads of Navies/Coast Guards and other
maritime enforcement agencies on issues of maritime security for
mutual benefit”.
 Note: These recommendations point to a singular fact that Coast Guard
remains the real Active Sea Police, globally recognized by its occupational
duty, career nomenclature and organizational name that rightly earn
universal respect, and that Navy remains full Active Military Defence Force,
just as the Army remains full Active Land Military and the Nigerian Police
remains Active Terrestrial Police, to maintain law and order in the society,
which makes Police to remain as civilian friendly Establishment and can
negotiate at any time to the best interest of the Nation without carrying
heavy armament/superior fire power.

F. CONSTITUTIONAL PROVISIONS
XVII. The 1999 constitution of Nigeria (as amended), in Sections 217 (1 & 2 a-d), 218 (1 –
4 a – b) and 219 (a – b) provided for the creation of a needed Branch of the Armed
Forces such as Nigerian Coast Guard. The Provisions are:
Section 217 (1 & 2 a –d):
i. (1). There shall be an Armed Forces for the Federation which shall consist of an
Army, a Navy, an Air Force and such other Branches of the Armed Forces of the
Federation as may be established by an Act of the National Assembly.

ii. (2) The Federation shall, subject to an Act of the National Assembly made in that
behalf, equip and maintain the armed forces as may be considered adequate and
effective for the purpose of :-
(a) defending Nigeria from external aggression;
b) maintaining its territorial integrity and securing its borders from
violation on land, sea, or air;
c) suppressing insurrection and acting in aid of civil authorities to restore
order when called upon to do so by the President, but subject to such
conditions as may be prescribed by an Act of the National Assembly; and
d) perform such other functions as may be prescribed by an Act of the National Assembly
(in this case, maritime law enforcement, safety, security and protection of Maritime
Commercial Activities – (that is, maritime market place where buying and selling
involving ship, loading and offloading takes place).
iii. Section 18 provides:
(1) The powers of the President as the Commander-in-Chief of the Armed
Forces of the Federation shall include power to determine the operational
use of the armed forces of the Federation.
(2) The powers conferred on the President by subsection (1) of this section shall
include power to appoint the Chief of Defence staff, the Chief of Army Staff,
the Chief of Naval Staff, the Chief of Air Staff and Heads of any other
Branches of the Armed Forces of the Federation as may be established by
an Act of the National Assembly.
(3) The President may, by directions in writing and subject to such conditions as
he think fit, delegate to any member of the armed forces of the Federation
his powers relating to the operational use of the Armed Forces of the
Federation.
(4) The National Assembly shall have power to make laws for the regulation of –
(a) the powers exercisable by the President as Commander-in-Chief of the
Armed Forces of the Federation; and
(b) the appointment, promotion and disciplinary control of members of the
Armed Forces of the Federation.
Section 219 says. The National Assembly shall –
(a) in giving effect to the functions specified in section 217 of this Constitution; and
(b) with respect to the powers exercisable by the President under section 218 of this
Constitution, by an Act, established a body which shall comprise such members
as the National Assembly may determine, and which shall have power to ensure
that the composition of the Armed Forces of the Federation shall reflect the

federal character of Nigeria in the manner prescribed in the section 217 of this
Constitution.

G. NIGERIA’S DESTINY – BY THE DESIGNER OF THE UNIVERSE
XVIII. Nigeria is the most populous black nation on the African Continent. She is
a maritime Nation and has a coastline of approximately 853km facing
Atlantic Ocean. The terrestrial portion of this zone is about 28,000 km in
area, while the 2 surface area of the continental shelf is 46,300 km and
has a 210,900 km Exclusive Economic Zone.
 Nigeria is a State of strategic geographical location. She is the giant of Africa
and the strength of the African Continent. She is a nation with the largest
River Systems in the world. Her maritime trade contributes largely to her
economy and her wellbeing, as it has been harped over and again that
‘Revenue Earnings from the combined segments of Nigeria’s Maritime
Domain, surpasses earnings from the Crude Oil, if only the safety and security
Pillar of the Nigerian Maritime Business Activities, is put in place to enforce,
secure and safeguard the open maritime commercial accomplishments
involving shipping, ocean transportation and other associated maritime
services.
 That the nation’s fortune in this regard had been hampered due to the
absence of Nigerian Coast Guard, which its beneficial services comes with
positive and multiple multiplier effects to the economy and the nation. That
Nigeria’s national image and international prestige would be out of the
trench if Coast Guard Agency is fully established, in that it has greatest
contribution to the economy as the nation’s Cash-Cow that has been
neglected over the years, more so, to the nation’s utter detriment.
 That now is the right time to exercise the will-power by doing the needful,
dutiful, historic, legitimate, rewarding, prestigious, advantageous, selfless
and noble action by Establishing the neglected CASH-COW of the nation. And
that when established, Coast Guard will effectively: harness diverse
opportunities in the Maritime Sector, Enforce Maritime Laws in line with
Maritime Policy, IMO/ISPS Code and global best practices, ensure the
Security of coastal, inland and back waters and other worksites, Protect Oil
Platforms, installations, equipment, properties in the zone, Prevent crimes,
pollution, hazards and environmental unfriendliness, Ensure Safety of
human and marine lives, Create job opportunities for various personnel and
specialties, Manage the Security of waterway transportation & services ,
Mount Surveillance, Search & Rescue operations and provide assistance.

 Generate massive Revenue for documentation and remittance, Fly the
nation’s coast guard flag and other emblematic symbols and insignia, Assist
various Agencies & industries in the domain for better performance,
Maintain international best practices, standards, prestige and protocols,
Articulation, formulation and implement coast guard policies, Undertake
studies and research for optimal advancement and benefits, Maintain
reserve components, reservoirs and resources, Collaborate with relevant
sister Agencies in a harmonious order, Serve as the fourth Force of the nation
and discharge allied duties related to coast guard and represent at national,
sub-regional, regional and international meetings of the coast guard.
 And that looking at a bigger picture will in appreciating the call for the
establishment of Coast Guard as a necessary duty that would help in
accommodating the truth about the Creator’s intention. That such would
remind one of the GOD Factor in the Creation of the Nigerian Coast Guard as
an ‘Obligatory Duty’ of man to his Creator, while he is alive, well and active
in whatever position one finds himself.
 That for as long as Nigeria’s geographical location, as a coastline nation
cannot be changed, and that everyone in power is constitutionally bound to
act in the best interest of the country, diligent attention be accorded the call
for the establishment of Nigerian Coast Guard.
 That the Maritime Sector of Nigeria’s economy, security, sea power,
international standing and her respective organizations stands to immensely
benefit from the operation of Coast Guard as the Agency would rebuild
existing gaps and frameworks, restore functional responsibilities and dignity,
correct existing distortions and administrative lapses, expunge existing
miscalculation, mismanagement, misdirection and misalignment of duty.
That Nigerian Coast Guard is the sure answer to Maritime Safety, security,
protection, power, authority and many more of such dimensions and questions.
 That like human being and his inseparable shadow, Nigeria maritime
business cannot be separated from her Maritime Law Enforcement Agency –
which is, Nigerian Coast Guard. That here is the patriotic treasure of wisdom,
knowledge and assured cash-cow of the nation that has been neglected for
long. This is Nigeria’s ordained destiny, as a nation with the largest River
Systems in the World, designed to occupy a strategic location, and an
enviable position by the Designer of the Universe be created to Protect,
Preserve, Generate, Create, Respond, Rescue, Represent, Reinvigorate,

Collaborate, Achieve Rapid Economic Growth, Enhanced Jurisdictional
Security, Reduce Sea Crimes, Safe Lives, earn International Prestige and bring
about Developmental Strides.
 To have the actual globally known and universally acceptable Agency that is
responsible for enforcement of maritime laws and settling of maritime
disputes.
H. A QUICK REMINDER
XIX. USCG Communique to NIMASA 2022 diplomatically demanding that Coast Guard
personnel should be the ones to implement and regulate ISPS codes, IMO
regulations and UNCLOS.
 Chief of Naval Staff (CONs) press releases of 2024 precisely states that because
Nigeria does not have a Coast Guard the Navy doubles their duties by carrying out
Coast Guard duties.
 Maritime Security situation in the Gulf of Guinea requires that Nigeria create Coast
Guard.
 Nearly, all the major developed and advanced countries of the world have Coast
Guard besides the existence of their Navy. This has enhanced an impenetrable and
formidable posture of the maritime security operations as well as sustained a
healthy and highly lucrative maritime trade and commerce around the coast (0 –
12 nautical miles (nm). For instance, the USA has a Navy and a Coast Guard, and
annually the USCG in its OPS generates Billions of Dollars to the US government
giving them a very robust economy, hence, making the USA to be a lending Nation,
Aid giving Nation other than a borrowing Nation.
 However, it is worthy to note that Coast Guard majorly ensures smooth day to day
running of maritime transportation and business and law enforcement, which
remains civilian friendly as heavy military armaments of the Navy is not suited for
the area where maritime buying and selling and auxiliary activities takes place.
 Coast Guard serves as a specialized force with the Navy in times of war after which
they fall back to their regular duties.
 Nigeria is over 230 million in population, creation of Coast Guard will help in
cushioning the effects of jobless youths by providing over 3 million direct and
indirect jobs for the unemployed.

 Optimization of maritime trade, commerce, business and industry through a
civilian friendly NCG involved in maritime commercial area of 0 – 12 nm and at
other work locations.
 It is obvious that the country is in bondage of yearly financial losses due to
undocumented and accounted crude oil theft and ineffective maritime revenue
drives, with the cash cow of the Nation in operation, it becomes a thing of the past.
NCG creation is to the best interest of Nigeria.
I. POSITIVE IMPACT
XX. Going by statistics, PC-NCG was able to ascertain or identify actual worksites of
Coast Guard Personnel, which can be put at a total number of about 900 – from
the Administrative Headquarters, Exclusive Flash Point & Key Point of the 600
creeks.

XXI. Branches of the Coast Guard comprises of law enforcement, first response,
safety, protection, secure marine environment, security of water
transportation system management, inclusive security operation, defence
operation, general administration, ICT, and other diverse specialties spread
under Directorate, Departments, Divisions, Sections, Bases, Stations,
Formations, Platforms, Units and Outposts. Given this clear cut information,
the positive impact of Coast Guard would be:
a) Unemployment: There would be reduction of unemployment on a large
scale. Latest statistics showsthat there are more than 5,000 commercial
vessels operating in the nation’s sea/waters, and other associated
maritime commercial activities or business. This would definitely open
direct and indirect employment opportunities for every specialty, cadre
or relevant occupational nomenclature involving persons from across
the six geo-political zones of Nigeria.
b) Accidents & Deaths: There would be reduction of boat accidents and
deaths which usually result from use of obsolete equipment, unlicensed
entry into water transportation business, use of risk prone method,
absence of life-jackets and disregard to water-tide or wave sensation.
This would be an opportunity to provide appropriate life-jacket and
adequate safety measures and enforcement.
c) Less Abuse of Power: There would be less misuse of position of power
by taking unjust advantage of individuals, ceased vessels, organizations,
collections, documentation, remittances and such actions that causes
emotional stress to those so inflicted or forcing unwanted acts on

persons without their consent. There would be a speedy dispensation
of justice, enforcement of maritime regulations, and such instruments
for peaceful transactions and co-operational habitation. This is known
as dynamic maritime security solution to crimes within Coast Guard
functional domain.
d) Maritime Insecurities: There would be reduction of residual,
commercial, environmental issues and crimes associated with the use
of facilities, maritime inter-state disputes, maritime terrorism, piracy,
trafficking, illicit goods, arms proliferation, robbery, illegal fishing and
such incidents that disturbs commerce on the sea and areas of
exchanges, as Coast Guard would provide security and protection for
vessels and crews and the entire jurisdiction that it would cover.
e) Waste Reduction: Human, Ship and other wastes generated which is
associated with activities in ports or other work-location ranges from
oily waste, exhaust gas cleaning wash water, ballast water, sewage
(black water), greywater, cargo residues, food waste, garbage, paper,
boxes, Plastic, Polystyrene, Glass, Metals, aluminum, Wood, floating
dunnage, lining or packing material, Ground-down paper products, rags,
glass, metal, bottles, crockery, rags, bottles, crockery and such others.
f) Reduction of Poverty: There would be reduction in individual work’s
poverty level, poverty threshold, poverty limit, poverty line or breadline
as the individual’s minimum level of income would increase from the
previous level deemed adequate for him in a particular circumstance, in
the past. This would increase peoples’ worth of necessities as there
would be increased or sufficient income to match up with their cost of
daily, monthly or yearly standard of living.
g) Induced Violence: There would be reduction of induced violence
thereby stemming the use of physical force, sexual, psychological attack
and deprivation that can injure, abuse, damage, destroy or cause a
situation of emotional distress or a feeling of worthlessness or loss.
h) Bunkery, robbery and fraud: Theft of crude oil accounts for perhaps 10
percent of Nigeria’s daily production and is a highly organized
operation. There would be reduction on illegal dealing in petroleum
products which is an act that is contrary to Section 1(17) (a) of the
Miscellaneous Offences Act Cap M.17 Laws of the Federation of Nigeria,

(Revised Edition) 2004 and punishable under section 1 (17) (b) of the
same Act.
i) Others are: reduction in Social instability, Environmental degradation
and pollution, Cyber fraud (yahoo-yahoo malady), Kidnappings and
abductions, Commercial fleshly satisfaction, Poor outcomes of
development, Weak institutional arrangement, Corruption and
attendant consequences, Impediment to National Development
through the visible evidence of improved safety, security and protective
measures that Coast Guard would put in place within its operational
jurisdiction.

J. FUNDAMENTAL ADVANTAGES/LIMITLESS GAINS OF CREATING COAST GUARD
XXII. Passing the Bill into law would enable Coast Guard to achieve the followings:
 it would give reassuring respite and firm confidence to the Operators that
would be involved in every segment of activity within the operational
jurisdiction of this Maritime Commercial Sector security provider, their
auxiliary Service Providers and other affiliates;
 It would foreclose claims of lack of legal recognition, termination of
associated bickering, removal of operational restrictions, orchestrated
difficulties and irritating intimidation resulting from non-legal capacity of the
proposed Organization;
 It would serve as a veritable means of direct employment for thousands of
qualified Nigerians, to become seafarers or workers, going by the latest
statistics of more than 5,000 vessels operating in the nation’s seas;
 It would go a long way in stemming the high tide of sea piracy on Nigerian
water-highway. It would effectively perform and checkmate anti-piracy
operations, as it would confront and combat activities of armed robbers and
bandits on the waterways. It would drastically reduce the astronomic level
of vandalism occasioned on Nigerian waterways and high sea;
 It would safe Nigeria from further losses going by the revelations of
International Maritime Bureau (IMB) that attack by sea bandits off the coast
of West Africa are increasing and the observation made by the United
Nations;

 It would help curb illegal importation of light or sophisticated weapon into
Nigeria through the sea and would further assist in the effort to avoid
additional proliferation of arms that is already becoming very rampant in the
country;
 Nigeria has been losing billions of dollars on a monthly basis to piracy and
other maritime crimes, which Coast Guard would reverse;
 It would assist in performing anti-smuggling operations, thereby
supplementing and supporting in the enforcement of customs’ laws and
reducing smuggling;
 It would confront anti-illegal fishing and fishery as the Coast Guard would
assist in enforcement of customs’ laws against anti-fishery operations;
 It would perform civic responsibilities or obligations of participating in
internal security operations to aid civil authorities;
 It would participate in the restoration of peace and the resolution of conflict
between oil companies and host communities, employers and employees;
 It would bring stability to the economy and would ensure a conducive
environment for foreign investors in the maritime and oil sectors of the
economy, as it would play greater role in the development of national
economy in transportation, fishing, oil and gas which contribute to the
nation’s Gross Domestic Product;
 It would drastically reduce fund spent annually on the repair of vandalized
pipelines and the additional billions spent in the upstream and downstream
sectors;
 It would help to reduce the burden placed on Navy as well as the pattern of
shifting responsibility, and trading of blame among arms that are involved,
in order to have a definite approach to the issue of maritime insecurity
surrounding the entire Gulf of Guinea;
 It would draw adequate attention to the need to fully and appropriately
equip Coast Guard with necessary tools that will enable it combat sea piracy,
police the water-ways within its jurisdiction and collaborate with other sister
security agencies in finding lasting solution to maritime crimes, as it would
serve as a booster and flow in budget line which would enable them to be

well equipped with patrol vans, flying boats, rifles, logistics and other
operational equipment that will enable it to arrest the negative situation in
the cause of operation and performance;
 It would bring to fruition the request for the Final Implementation of the
process for legal backing of the establishment of the Nigerian Coast Guard
and thereby putting to rest issues and argument regarding the legitimacy and
otherwise of the instrument of law authorizing its operation, administration
and activities as well as other associated matters;
 It would encourage operators of the organization to effectively and
confidently deal decisively with discovered routes and hideouts of
kidnappers, smugglers, unregulated fishing, seizure with release, abuse of
power and channel of importing illegal firearms and major locations of oil
bunkering;
 It would enable the Organization to complement the efforts of other security
agencies and it would boost maritime trade as sea is the major route,
resource and development of the nation;
 It would be an answer to the security of maritime open market,safety of lives
and properties at sea and other areas of its jurisdiction and businesses, by
staying off grave dangers;
 It would bring binding unity, proper coordination and collaborative efforts
among those involved in the operations, administration and activities of
Coast Guard. Each would respect and observe assigned limits of duty as well
as accept responsibilities in good faith;
 It would make it easier to overcome issues of dumping, abandonment,
repatriation, insecurity, unpaid claims, delayed wages, poor remuneration
and other challenges facing the Nigerian Maritime Domain;
 It would serve to fashion out proper direction for maritime labour activities
that would increase members’ bargaining power in the face of the hazardous
nature of seafaring, and unions would act within limits and no longer tolerate
slavery wages for the seafarers and other category of worker. It would enable
them push to achieve the International Labour Organization standard in
terms of decent working conditions;

 It would empower the Coast Guard to effectively handle Issues involving
proper certification, foreigners taking Nigerian jobs and such other matters
for final determination;
 It would answer critical questions of where do groups that are terrorizing the
nation get the sophisticated weapons and bullets from and how are these
weapons brought in? Why has the group never run out of arms? Doesn’t the
territory need more security both at sea and land borders to effectively curb
the situation?
 Coast Guard is necessary for the survival and sustainability of the Nigerian
Maritime Economy, her water-highways, her people and national assets,
interests, values and international prestige.
K. FINAL ATTESTATION
XXIII. Any nation whose territory borders the sea, and whose economy is
supported largely from the sea, must logically need the sea for at least four
(4) purposes of:
1. Passage of goods and people, that is, sustenance of commercial activities;
2. Passage of military forces, for diplomatic purposes and in the event of war, as a
base for engaging the adversary’s land, air and sea targets;
3. Exploration and exploitation of resources in or under the sea;
4. Preventing hostile military access to its territory.
XXIV. With this renewed sense of awakening, desire, purpose and guaranteed step in the
right direction towards the establishment of Nigerian Coast Guard, this
information is of ought most importance in enlisting unreserved and patriotic
support for completion of its legal existence and operation, to fully maximize the
opportunity of achieving its fullest purpose, relevance and service delivery.
XXV. To this end therefore, PC_NCG calls for expeditious action and favourable
consideration so that Nigeria can fully reap and enjoy the positive outcome and
accruing inestimable advantages that comes with its operation.

Capt. Noah Ichaba, JP, fmr. VC, Amb/HR Defender,

CE & AO of PC-NCG.