By Dr. O. G. Ogbom
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Introduction
The blue economy refers to the sustainable use of ocean and coastal resources for economic growth, improved livelihoods and jobs while preserving the health of marine ecosystems. Nigeria’s coastline along the Atlantic Ocean and its extensive inland waterways provide significant opportunities in fisheries, maritime transport, offshore energy, aquaculture and tourism. However, these opportunities depend on sound legal frameworks, community engagement and judicial guidance.
Nigeria’s blue economy operates within international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS), and domestic legislation such as the Constitution of the Federal Republic of Nigeria 1999, the Admiralty Jurisdiction Act, the Nigerian Maritime Administration and Safety Agency (NIMASA) Act, and the National Inland Waterways Authority (NIWA) Act.
Aside the above mentioned legal framework that Nigeria’s blue economy operates within, there have also been notable judicial pronouncements that have helped to shape the operation of blue economy in Nigeria. Some of the cases in National Inland Waterways Authority v. Lagos State Waterways Authority & Ors (2024) 1 NWLR (Pt. 1903) 1 (SC). In this landmark decision delivered by the Supreme Court of Nigeria in January 2024, the Court held that navigable inland waterways fall within the exclusive legislative competence of the Federal Government. The Court affirmed the supremacy of the NIWA Act over conflicting state legislation, thereby creating regulatory clarity for investors and operators within Nigeria’s maritime and inland waterways sector.
For example; Lagos State Waterways Authority Law, 2008 (as amended) established the Lagos State Waterways Authority (LASWA) and empowered it to regulate, license, and collect levies from operators on waterways within Lagos State. The Federal Government argued that these powers overlapped with those granted under the NIWA Act to the National Inland Waterways Authority. The Supreme Court in Attorney-General of Lagos State & Ors v. Attorney-General of the Federation & Ors (2023) LLJR-SC, considering the arguments of the parties, held that the Federal law regulating inland waterways prevails where there is a conflict. That waterways specifically listed as federal inland waterways in the NIWA Act remain under federal regulatory control. States like Lagos State Government may regulate intra-state waterways not listed in the NIWA Act, but cannot override federal authority where the Act applies.
2Again, in Nigeria LNG Limited v. Nigerian Maritime Administration and Safety Agency (2026) SC. (Unreported, Judgment delivered 16 January 2026).
The Supreme Court addressed regulatory and statutory interpretation issues involving maritime administration and levies within Nigeria’s maritime sector. The decision has implications for regulatory authority and the financial obligations of operators in the maritime and offshore economic space. This reinforces the doctrine that administrative agencies cannot expand their authority through policy or guidelines beyond what the statute allows. The judgment clarifies the boundaries between maritime administration, shipping regulation, and offshore resource operations. This means that regulators must ensure their oversight does not extend into sectors governed by other statutes or agencies unless expressly authorized. The judgement also presupposes that LNG operators, and maritime logistics providers are not obligated to pay levies that lack statutory backing. This reduces the risk of multiple regulatory charges and overlapping maritime levies imposed outside the law.
In Amiwero v. Council for the Regulation of Freight Forwarding in Nigeria & Nigerian Ports Authority (Suit No. FHC/L/CS/—/2025, Federal High Court, Lagos, Judgment delivered May 2025).The Federal High Court suspended the collection of the Practitioners Operating Fee (POF) imposed on freight forwarders, holding that the imposition lacked sufficient legal backing. The judgment significantly affects port operations, maritime logistics and economic activities within Nigeria’s blue economy framework.
Increasingly, courts, policymakers, and scholars recognize that the exploitation of natural resources particularly in regions rich in oil, gas, fisheries, and maritime assets cannot be divorced from the rights and welfare of host communities and the protection of fragile ecosystems. Environmental justice demands that communities who bear the environmental and social costs of resource extraction must also participate meaningfully in decision-making processes and share in the benefits derived from those resources. This evolving approach is gradually influencing statutory interpretation, regulatory policies, and judicial reasoning in many jurisdictions, including Nigeria, where conflicts around resource control, environmental degradation, and economic inclusion remain prominent. Ultimately, integrating community rights into natural resource governance not only promotes fairness and accountability but also strengthens sustainable development and long-term stability within resource-dependent economies. In the cas of Alame & Ors v. Shell Plc [2025] EWHC 1539 (KB), involving oil pollution claims brought by Niger Delta communities, the High Court of England and Wales examined principles of Nigerian law relating to environmental liability and corporate responsibility for oil spills. The decision underscores the growing intersection between environmental justice, community rights and natural resource governance.
The Court examined whether the claimants had an arguable case that the UK-based parent company owed them a duty of care and whether the claims could properly proceed in England. In its decision, the Court held that the claim disclosed serious and arguable issues regarding corporate oversight, environmental harm, and the role of the parent company in the management and control of operations linked to its Nigerian subsidiary. Consequently, the Court allowed key aspects of the case to proceed, reinforcing the growing judicial willingness to scrutinize the responsibility of multinational parent companies for environmental impacts associated with their overseas operations and giving affected communities a potential forum to pursue remedies.
Coastal communities play a crucial role in Nigeria’s blue economy, particularly in fisheries, marine transport, tourism and environmental stewardship. Meaningful community engagement ensures that development projects do not marginalize indigenous populations but instead integrate them into value chains. This is in line with the case of Amodu Tijani v. Secretary, Southern Nigeria (1921) 2 AC 399 (PC).
This historic decision of the Privy Council where it recognized indigenous customary land rights and held that such rights must be respected and compensated where government acquisition occurs. The principle remains relevant in discussions about community participation and rights over natural resources within coastal and marine regions. The Amodu Tijani principle supports the argument that these longstanding customary relationships with coastal and aquatic environments should be acknowledged when government formulates policies on maritime development, offshore energy, fisheries management, port expansion, and marine conservation. As Nigeria expands its Blue Economy strategy, the case reinforces the idea that development cannot be purely state-centric or revenue-driven; it must also respect communal interests and customary tenure over coastal spaces. In practice, this means integrating host community consultation into marine spatial planning, recognizing traditional fishing rights, ensuring fair compensation where maritime infrastructure affects local livelihoods, and involving communities in environmental governance of coastal ecosystems. By applying the reasoning underlying Amodu Tijani, Nigeria’s Blue Economy can evolve into a framework that balances economic growth with social justice, environmental sustainability, and the protection of customary resource rights in coastal and maritime regions.
It is also important to mention that legal awareness, participation in decision-making, and access to dispute resolution mechanisms are essential components of sustainable development within Nigeria’s maritime domain.The blue economy offers Nigeria an opportunity to diversify its economy beyond oil dependency. Potential benefits include:
Job creation in fisheries, shipping and marine services; Increased government revenue through regulated maritime activities; Infrastructure development in ports and coastal regions; Sustainable use of marine resources.
Conclusion
The development of Nigeria’s blue economy depends largely on effective legal regulation, judicial clarity, and inclusive community participation. Recent judicial decisions demonstrate the growing role of courts in shaping maritime governance, resolving regulatory conflicts, and protecting community interests. With continued legal reforms and stakeholder engagement, the blue economy can become a major driver of national economic growth.
Dr. O. G. Ogbom is a Port Harcourt based legal practitioner.,He can be reached via:ogbomgoodluck@gmail.com or ogbom@lawfreightattorneys.com
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