The use of armed guards on merchant ships, according to Skuld Club, has been expressly prohibited by the Nigerian Navy’s Chief of Naval Staff since 6 June 2016. This has caused the Nigerian Navy to enter contractual relationships with private security companies which have been governed by a Memorandum of Understanding (MoU) since 2012 which was comprehensively revised in 2016 and again in 2019 and is soon to be revised again.
The publication highlights the following:
- The Nigerian Navy and NIMASA are the only organisations in Nigeria that are empowered to maintain safety and security in territorial waters and the Exclusive Economic Zone (EEZ).
- The Nigerian Marine Police’s jurisdiction is limited to protecting ports and waterways (inland of the fairway buoys).
- The NIMASA Act empowers the agency to contract private companies or make other arrangements with them to provide specific services related to the safety and security in Nigeria’s maritime domain, i.e. territorial waters and the EEZ.
- Unless related to the Nigerian Navy’s own arrangements with private security companies under the MoU, NIMASA considers it an offence for a vessel sailing in Nigeria’s territorial waters to have any person (Nigerian citizen or foreigner) described as a security guard and/or performing functions of a security expert or bridge advisor (armed or unarmed) on board.
- The offending vessel could be subjected to an investigation and may be detained by Nigerian authorities.
- Penalties for non-compliance include forfeiture of any article or property seized by NIMASA and, upon conviction, the offender will be liable to pay a fine of one million Naira (around US$ 2,600) or may be imprisoned for no more than twelve months, or both.
Risk Intelligence, Skuld continues, also advised that when contracting PMLSCs under the MoU for the provision of maritime security services, emphasis should be placed on:
- PMLSC compliance with the MoU issued in 2019.
- PMLSC compliance with other regulations (as stipulated in the MoU), especially corporate, labour, immigration (for foreign personnel) and cabotage (for contracted escort vessel) laws.
- Suitable and suitably armed escort vessels, capable of deterring Nigerian offshore attackers (notably including mounted weapons on security vessels).
- Nigerian Navy certificates for the security vessel(s).
- If a non-MoU holder is part of the operation: written approval by the Nigerian Navy.
- Fit-for-purpose standard operating procedures (by PMLSCs) to deal with the complex issue of shared tactical and operational command and control with the Nigerian Navy as well as with resolving potential conflicts between the PMLSC’s Rules for the Use of Force (RUF) and the Nigerian Navy’s Rules of Engagement (which always supersede the RUF).
- Contingency planning for escort vessel breakdown or re-assignment of personnel by the Nigerian Navy.
- Appropriate insurance cover.
Risk Intelligence also shared that on 26 February 2021, a meeting was held at the naval base in Lagos to discuss the situation related to the Secure Anchorage Area (SAA), which is no longer supported by the Nigerian Navy.
In addition, when the Secure Anchorage Area (SAA) was disbanded there were security vessels contracted to protect individual vessels or clusters of vessels. The Nigerian Navy does not approve of this as it is creating an unofficial SAA.
Therefore, security or escort vessels are required to disengage upon arrival at the anchorage or the Nigerian Navy should be informed of their engagement at least 5 hours before arrival to obtain approval for any extended stay at/around the anchorage (up to a maximum of 24 hours).
The Nigerian Navy also stated that they will continue the embarkation of armed guards on vessels at the Lagos anchorage, but this is regularly re-evaluated.
As a result, shipowners contracting naval personnel as armed guards must depend only on verbal confirmation from the Nigerian Navy that the request has been approved. This means that such arrangements could be terminated at any point without warning.
Naval personnel that are provided as armed guards will also be tested for COVID-19 by the Nigerian Navy. The personnel will only be released after having tested negative.