Recent legislative developments continue to reshape Nigeria’s ports and maritime landscape. Our Maritime Practice publication examines the Nigerian Ports Economic Regulatory Agency (NPERA) Act, 2026 (NPERA Act 2026), its regulatory framework, the powers of the new Agency, and its practical implications for businesses and stakeholders in the ports sector. We trust you will find this edition insightful.
What the NPERA Act 2026 changes
The Nigerian Ports Economic Regulatory Agency Act, 2026 repeals the Nigerian Shippers’ Council Act in its entirety. It establishes the Nigerian Ports Economic Regulatory Agency as a statutory economic regulator. The Agency has express powers of registration, tariff regulation, monitoring, investigation and enforcement.
The Bill was passed by the House of Representatives on 10 December 2025 and by the Senate on 28 April 2026. It received presidential assent on 19 June 2026.
Why the change matters
For nearly five decades the Nigerian Shippers’ Council served principally as a forum for the protection of shippers. It was also a key interlocutor on freight rates, shipping space and port charges. That role became a source of legal controversy after a 2015 presidential order designated the Council the economic regulator of the ports.
In Alraine Shipping Agencies (Nig) Ltd & Ors v Nigerian Shippers’ Council, the Court of Appeal held that the executive order could not validly displace the Nigerian Ports Authority’s existing statutory role. It set aside a tariff notice issued by the Council. A related dispute, Apapa Bulk Terminal Ltd & Ors v Nigerian Shippers’ Council, reached a different outcome. The Act now resolves that uncertainty through primary legislation.
Objectives and scope of the NPERA Act 2026
The Act pursues two objectives. The first is to establish a legal framework for the efficient economic regulation of regulated services in Nigeria’s ports. The second is to protect the interests of shippers, providers and users of regulated services. That is materially broader than the Shippers’ Council Act, whose sole object was to provide a forum for the protection of shippers’ interests.
The Agency’s functions include periodic review of the economic activities of regulated service providers and users. They also include monitoring compliance with port concession agreements and service level agreements. The Agency sets registration terms and fees, and sets, monitors and enforces performance standards. It advises government on cargo handling, port concessions, freight rates and port charges. It also receives complaints, mediates between providers and users, and works with the authority responsible for competition and consumer protection.
The power to monitor compliance with port concession agreements is particularly significant. Concerns have persisted regarding concessionaire performance since the port concession programme commenced in 2006.
Our full review sets out the Act’s regulatory architecture and its practical implications for businesses in the ports sector. Click the button below to read the publication.
