section one

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The Importance of Building Ship Dockyard in the Nigeria Maritime Industry SECTION ONE 1.0 INTRODUCTION 1.1 SHIPBUILDING Shipbuilding is the construction of ships and floating vessels. It normally takes place in a specialized facility known as a shipyard. Shipbuilders, also called shipwrights, follow a specialized occupation that traces its roots to before recorded history. Shipbuilding and ship repairs, both commercial and military, are referred to as "naval engineering". The construction of boats is a similar activity called boat building. Shipbuilding is known as one of the oldest, most open and highly competitive markets in the world. Although shipbuilding industry has a big experience in how to survive over peaks and slumps of economy, the current global crisis hit shipbuilding industry rather severely. The global order book over the past 6 quarters since the end of 2008 was 4.5 times lower than that for the 6 previous quarters. In 2009, the portfolio of new orders of European shipyards was almost 4 times lower than in 2008. 1 | Page By: Umo Ekei Iyang Marine Engineering

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The Importance of Building Ship Dockyard in the Nigeria Maritime Industry

SECTION ONE

1.0 INTRODUCTION

1.1 SHIPBUILDING

Shipbuilding is the construction of ships and floating

vessels. It normally takes place in a specialized facility

known as a shipyard. Shipbuilders, also called shipwrights,

follow a specialized occupation that traces its roots to

before recorded history.

Shipbuilding and ship repairs, both commercial and

military, are referred to as "naval engineering". The

construction of boats is a similar activity called boat

building.

Shipbuilding is known as one of the oldest, most open

and highly competitive markets in the world. Although

shipbuilding industry has a big experience in how to survive

over peaks and slumps of economy, the current global crisis

hit shipbuilding industry rather severely. The global order

book over the past 6 quarters since the end of 2008 was 4.5

times lower than that for the 6 previous quarters. In 2009,

the portfolio of new orders of European shipyards was almost

4 times lower than in 2008.

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With such a decline, the world’s shipbuilding industry

is certainly among the sectors worst affected by the

financial and economic crisis. It can have the most painful

impact on many shipbuilding countries of the world due to

the biggest overcapacity of shipyards ever seen and far

greater supply of fleet than required by the market. Not all

lessons were learnt from historical development of the

shipbuilding industry. Until the middle of the last century,

European shipbuilding dominated the world. Fast growth of

the Japanese economy and successful coordination of

supporting program for shipbuilding as a strategic industry

helped to win leadership for this country.

For some time, Japan and Europe controlled 90% of the

market, but gradually dominance was overtaken by Japan. In

1970s, S. Korea following previous experience of its

neighbor country announced shipbuilding as strategic

industry and in combination with low labour costs began to

reach the leadership. Next Asian player, China, caught the

industrial expansion strategy and surpassed Japan in 2006

and S. Korea in 2009 (if measured by order book volumes).

New shipbuilding entrants such as Vietnam, India, Turkey,

the Philippines, Brazil, and Russia grew up and together

reached the quantity of orders to equal European total

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Europe has gradually been losing its positions in

shipbuilding despite of its strategic specialization as a

niche player. Unfair competition on the part of Asian

shipyards and delayed agreements in global playing field

have distorted the market, shifted it to the Far East and

created extra problems fighting against crisis. In September

2008, the new building boom that ran since 2003 ended

sharply. The crisis didn’t have pity neither for leaders nor

for ordinary players. Even at the end of 2010, despite the

signals of economic recovery, order book for new building

was decreasing continuously. By the end of September 2010,

new global building portfolio was 26% smaller in comparison

to the quantities of the same period in 2008. Good news is

that the total number of contracts in 2010 was higher by

205% than in 2009.

Shipyards should begin thinking about new orders by

investigating new patterns for successful competition.

Factors affecting the shipbuilding industry can be divided

in two groups: macro factors (world seaborne trade, oil

prices, economic stability, and political stability) and

market factors (subsidies by the government, scrapping of

old vessels, charter rates, vessels on order). According to

some experts, seaborne trade should grow by 6.7% next year.

Less optimistic experts wait for a double fall instead of

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real recovery of the world’s economy. The Organization of

the Petroleum Exporting Countries (OPEC) informs that in

2009 global oil demand reduced to 84.5 million barrels per

day but grew at 1.8 million barrels per day in 2010 partly

because of cold winter.

Despite the fact that Japanese economy experienced

phenomenal growth in 2010 at 3.9%, the earthquake suspended

a successful recovering of their economy. The combination of

various factors even natural forces complicates talks about

economics stability in these days. The next factors

determining competitiveness of particular shipyard is the

productivity, production range, and attractiveness of

product, subsidy rate, exchange rate and cost position

(Bertram, 2003). Productivity is influenced by technology,

facility, management competence, work organization, work

practice, the level of workers’ skills and motivation. The

competitiveness of the European shipbuilding has been

increasing through excellence, as it is defined in the

LeaderShip 2015 – the strategy of the European shipbuilding

industry. Created in January 2003, document summarizes the

results of an intense discussion process among stakeholders.

After the last revision of Leadership 2015, the

conclusions about weak impulse in the implementation of

strategy were announced. Experts have especially been

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worrying about the lack of trade rules because Europe again

chooses quality and excellence over the low costs. A new

European maritime policy proposes opportunities for

innovative companies working on the development of energy

efficiency and low emission ships. A large part of technical

innovations have to be presented in relation to the goal of

eduction of exhaust gas emissions NOx, SOx and CO2.

New hull designs, advanced hull paint, udder and

propeller design, speed nozzle, LNG as fuel, ballast water

management systems, and etc. – all promise to have an

environmental edge. Many issues related to the environment

and climate change are relevant to the shipyards, too.

Carbon trace associated with production, transportation of

ship construction, ship maintenance and repair, dismantling

and recycling have to be reduced. “Green growth” challenges

provide the shipbuilding industry with the possibility of

moving toward life-cycle environmental approach.

1.2 THE INDUSTRIAL DEVELOPMENT OF GLOBAL SHIPBUILDING

In time wood was replaced by iron and steel, leadership

in the global shipbuilding (in GT, CGT) went from hand to

hand: from G. Britain to Japan, then to S. Korea, and

finally to China (Table 1). Nowadays ex-leader S. Korea is

on the post-growth stage (Lorentzen & Stemoco, 2006). The

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world has been waiting for lodgment of a new leader,

doubtless China. Announced by China, the programme “5 – 3 –

1” put down a marker to reach global leadership by 2015

(Dan, 2009). However, fortune was kinder to China than it

might have expected. Its emerging economy, huge human

potential, and State support have resulted in its target

accomplishment in half the time.

Britain took over the leadership in shipbuilding in the

1850’s and lost this position because of failure to

modernize their shipyards. Some experts say that Britain was

too slow in increasing its productivity by implementing new

technologies and production management methods, unlike their

competitors in Scandinavia, Germany, Japan. In the 1950’s

leader’s position was gradually being taken over by Japan,

mainly due to the rapid growth of the Japanese economy after

the Second World War and well coordinated State shipping and

shipbuilding program. Japan dominated the world for more

than three decades.

For some time European and Japanese shipbuilders

together controlled even 90% of the market. The Japanese

shipbuilders began to lose their global dominance for

several reasons. Firstly, Japanese shipyards faced

difficulties in recruiting new young engineers and suffered

from high labour cost. Secondly, Japanese shipbuilders were

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not flexible and did not adapt to changes in the global

market that demanded bigger and bigger vessels. Third, over

60% of Japanese ship production was for the domestic market

which didn’t promote technological development and

implementation of new production management methods. The

latest reports of 2010 confirm this: Japanese shipbuilders

are working for Japanese owners at 82.4%. Then the gap

between the demand and supply for materials, increased

delivery time and prices of its national currency

strengthening against USA dollar – all in total hit the

competitiveness of the Japanese shipbuilding industry (Song,

2003).

It caused ceding the leadership to S. Korea in the

middle of 1990’s. On-stream as continuous low cost

shipbuilders, they focused on large tankers, large/ultra

large containership, LNG/LPG, offshore drilling rigs, and

even on cruise ships that it is still niche of a few

specialized European shipyards. Despite the fact that S.

Korea still has many advantages some experts imply that S.

Korea’s competitiveness has been diminishing because of high

cost of human resources, insufficient quantities of domestic

steel and ever-rising prices of imported materials and

components. The appreciation of Korean Won is worsening the

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competitiveness of their shipbuilders, too (Lorentzen &

Stemoco, 2006).

1.3 AIMS AND OBJECTIVE

This presentation will cover the following:

Place the shipbuilding in an economic context

Consider the transition from public to private

ownership

Foreign investment and cross-border participation

Factors driving foreign investment

Industry views of FDI

Employment generator

Economic kick-start to depressed regions

Contributor to industrial capacity

Strengthen technical and technological capacity

Defence capability

Investment vehicle

Public sector policy delivery

Profit/tax potential

1.4 LIMITATION OF STUDY

The building in Nigeria is a little bit expensive and

required more Marine professions with experience. The

Nigeria Government has to do it best to boost the maritime

sector in term of Dockyard and Shipbuilding.

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1.5 STATEMENT OF STUDY

They are many problem face in Nigeria ship yard, such

are:

Lack of access to technical services for the

development of owner’s requirement, review of contract

specifications, drawing review, equipment inspections,

on-site supervision, etc. The National Engineering and

Technical Company Limited (NETCO), a subsidiary of the

Nigerian National Petroleum Company, provided these

kinds of services for the Oil and Gas Industry at the

start of the campaign to build local capacity for the

oil and gas industry. A similar organization is

necessary for the shipbuilding industry to make up for

expertise that are lacking and make them available for

the shipbuilding industry to access.

Poor infrastructure such as electric power supply, road

and rail network including fresh water supply makes

production cost to be high.

Difficulty in accessing funding for shipyard

development is a major challenge more so, that there is

investors’ apathy for long-term investment as a result

of political uncertainty, poor security environment and

the craze for quick returns on investment.

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Most Nigerian ships are old and therefore tend to spend

more time in dock. The result is that other ship owners

whose ships may have been programmed for docking would

become disappointed.

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SECTION TWO

2.0 LITERATURE REVIEW

2.1 HISTORY

2.1.1 PREHISTORY

Archaeological evidence indicates that humans arrived

on Borneo at least 120,000 years ago, probably by sea from

the Asian mainland during an ice age period when the sea was

lower and distances between islands shorter (See History of

Borneo and Papua New Guinea). The ancestors of Australian

Aborigines and New Guineansalso went across the Lombok

Strait to Sahul by boat over 50,000 years ago.

2.1.2 4th millennium BC

Evidence from Ancient Egypt shows that the

early Egyptians knew how to assemble planks of wood into

a ship hull as early as 3000 BC. The Archaeological

Institute of America reports that some of the oldest ships

yet unearthed are known as the Abydos boats. These are a

group of 14 ships discovered in Abydos that were constructed

of wooden planks which were "sewn" together. Discovered by

Egyptologist David O'Connor of New York

University, woven straps were found to have been used to

lash the planks together, and reeds or grass stuffed between

the planks helped to seal the seams. 

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Because the ships are all buried together and near a

mortuary belonging to Pharaoh Khasekhemwy, originally they

were all thought to have belonged to him, but one of the 14

ships dates to 3000 BC, and the associated pottery jars

buried with the vessels also suggest earlier dating. The

ship dating to 3000 BC was about 25 m, 75 feet long and is

now thought to perhaps have belonged to an earlier

pharaoh. According to professor O'Connor, the 5,000-year-old

ship may have even belonged to Pharaoh Aha.

2.1.3 3RD MILLENNIUM BC

Early Egyptians also knew how to assemble planks of

wood with treenails to fasten them together,

using pitch for caulking the seams. The "Khufu ship", a

43.6-meter vessel sealed into a pit in the Giza pyramid

complex at the foot of the Great Pyramid of Giza in

the Fourth Dynasty around 2500 BC, is a full-size surviving

example which may have fulfilled the symbolic function of

a solar barque. Early Egyptians also knew how to fasten the

planks of this ship together with mortise and tenonjoints.

The oldest known tidal dock in the world was built

around 2500 BC during the Harappan

civilisation at Lothal near the present day Mangrol harbour

on the Gujaratcoast in India. Other ports were probably

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at Balakot and Dwarka. However, it is probable that many

small-scale ports, and not massive ports, were used for the

Harappan maritime trade. Ships from the harbour at these

ancient port cities established trade

with Mesopotamia. Shipbuilding and boatmaking may have been

prosperous industries in ancient India. Native labourers may

have manufactured the flotilla of boats used by Alexander

the Great to navigate across the Hydaspesand even the Indus,

under Nearchos. The Indians also exported teak for

shipbuilding to ancient Persia. Other references to Indian

timber used for shipbuilding is noted in the works of Ibn

Jubayr.

2.1.4 2ND MILLENNIUM BC

The ships of Ancient Egypt's Eighteenth Dynasty were

typically about 25 meters (80 ft) in length, and had a

single mast, sometimes consisting of two poles lashed

together at the top making an "A" shape. They mounted a

single square sail on a yard, with an additional spar along

the bottom of the sail. These ships could also be

oar propelled. The ocean and sea going ships of Ancient

Egypt were constructed with cedar wood, most likely hailing

from Lebanon.

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2.1.5 1ST MILLENNIUM BC

The naval history of China stems back to the Spring and

Autumn Period (722 BC–481 BC) of the ancient Chinese Zhou

Dynasty. The Chinese built large rectangular barges known as

"castle ships", which were essentially floating fortresses

complete with multiple decks with guarded ramparts.

2.1.6 EARLY 1ST MILLENNIUM AD

The ancient Chinese also built ramming vessels as in

the Greco-Roman tradition of the trireme, although oar-

steered ships in China lost favor very early on since it was

in the 1st century China that the stern-mounted rudder was

first developed. This was dually met with the introduction

of the Han Dynasty junk ship design in the same century.

Archeological investigations done at Portus near Rome

have revealed inscriptions indicating the existence of a

'guild of shipbuilders' during the time of Hadrian.

2.1.7 EARLY MODERN

With the development of the carrack, the west moved

into a new era of ship construction by building the first

regular ocean going vessels. In a relatively short time,

these ships grew to an unprecedented size, complexity and

cost.

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Shipyards became large industrial complexes and the

ships built were financed by consortia of investors. These

considerations led to the documentation of design and

construction practices in what had previously been a

secretive trade run by master shipwrights, and ultimately

led to the field of naval architecture, where professional

designers and draughtsmen played an increasingly important

role. Even so, construction techniques changed only very

gradually. The ships of the Napoleonic Wars were still built

more or less to the same basic plan as those of the Spanish

Armada of two centuries earlier but there had been numerous

subtle improvements in ship design and construction

throughout this period. For instance, the introduction

of tumblehome; adjustments to the shapes of sails and hulls;

the introduction of the wheel; the introduction of hardened

copper fastenings below the waterline; the introduction of

copper sheathing as a deterrent to shipworm and fouling;

etc.

2.2 PRESENT DAY SHIPBUILDING

China is an emerging shipbuilder that overtook South

Korea during the 2008-2010 global financial crisis as they

won new orders for medium and small-sized container

ships. China is now firmly the world's largest shipbuilder

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with 45% of the world's total orders, and its quality and

technology have improved very much.

Today, South Korea is the world's second largest

shipbuilding country with a global market share of 29% in

2012. South Korea leads in the production of large vessels

such as cruise liners, super tankers, LNG carriers, drill

ships, and large container ships. In the 3rd quarter of

2011, South Korea won all 18 orders for LNG carriers, 3 out

of 5 drill ships and 5 out of 7 large container ships. South

Korea's shipyards are highly efficient, with the world's

largest shipyard in Ulsan operated by Hyundai Heavy

Industries slipping a newly built, $80 million vessel into

the water every four working days. South Korea's "big three"

shipbuilders, Hyundai Heavy Industries, Samsung Heavy

Industries, and Daewoo Shipbuilding & Marine Engineering,

dominate global shipbuilding, with STX Shipbuilding, Hyundai

Samho Heavy Industries, Hanjin Heavy Industries,

and Sungdong Shipbuilding & Marine Engineering also ranking

among the top ten shipbuilders in the world.

 In 2007, STX Shipbuilding further strengthened South

Korea's leading position in the industry by acquiring Aker

Yards, the largest shipbuilding group in Europe. (The former

Aker Yards was renamed STX Europe in 2008). In the first

half of 2011, South Korean shipbuilders won new orders to

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build 25 LNG carriers, out of the total 29 orders placed

worldwide during the period.

Japan had been the dominant ship building country from

the 1960s through to the end of 1990s but gradually lost its

competitive advantage to the emerging industry in South

Korea which had the advantages of much cheaper wages, strong

government backing and a cheaper currency. South Korean

production overtook Japan's in 2003 and Japanese market

share has since fallen sharply.

The Philippines has placed fourth among shipbuilding

nations around the world producing more than six million

deadweight tonnes of ships built in 2012. The country is

anchored by South Korean Hanjin and Japan's Tsuneishi

shipbuilders. The country has shipyards in Subic and Cebu.

The market share of European ship builders began to

decline in the 1960s as they lost work to the Japanese in

the same way as Japanese builders have lost work to South

Koreans more recently; Europe's production is now a tenth of

South Korea's and is primarily military, although cruise

liners and some cargo ships are still built in Italy,

Finland, France, Germany and Denmark. The largest shares of

the European shipbuilding market belong to Germany, Italy,

Norway, the Netherlands and Spain, which accounted in 2010

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for over 70% of total deliveries by the yards. This activity

accounted in 2010 for 1.5% of European GDP. Over the four

years from 2007, the total number of employees in the

European shipbuilding industry declined from 150,000 to

115,000.

World shipbuilding market share by

countries (2012) Rank Country Combined GT  %1  China 67,000,000 45%2  South Korea 53,000,000 29%3  Japan 28,000,000 18%4  European

Union

4,500,000 1%

Rest of the

world

11,000,000 7%

2.3 SHIP REPAIR INDUSTRY

All ships need maintenance and repairs. A part of these

jobs must be carried out under the supervision of the

Classification Society. A lot of maintenance is carried out

while at sea or in port by ship's staff. However a large

number of repair and maintenance works can only be carried

out while the ship is out of commercial operation, in a

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Shiprepair Yard. Prior to undergoing repairs, tankers must

dock at a Deballasting Station for completing the tank

cleaning operations and pumping ashore its slops (dirty

cleaning water and hydrocarbon residues).

2.4 REVIEW OF THE MARITIME INDUSTRY IN NIGERIA

Marine transportation is one of the various modes of

transportation especially for littoral countries and it is

on record as the largest carrier of freight worldwide. In

fact about 90% of world trade is transported by sea. Nigeria

is a littoral state with a coastline that stretches about

420 nautical miles, a territorial sea of 12 nautical miles

and Exclusive Economic Zone (EEZ) of 200 nautical miles.

Furthermore, Nigeria has a total of about 8,600km of inland

waterways including Rivers Niger and Benue and smaller

rivers and creeks. It is known fact that there are vast

resources in Nigeria’s maritime environment ranging from

hydrocarbons to living and non-living resources most of

which have remained untapped. Exploitation of these requires

ships and other marine vessels and platforms. These thus

elicit variety of investment potentials cutting across

mining, manufacturing and services industries.

It is on record and commonly so, that more than 90% of

Nigeria’s import and export are by sea and over 80% of

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Nigeria’s Gross Domestic Products (GDP) derive from the sea.

In fact the Nigerian Ports Authority statistics revealed

that 4,962 vessels entered all Nigerian ports and crude oil

terminals in 2010 with a total tonnage of 108,621,872. This

is exclusive of the numerous vessels and platforms engaged

in various oil and gas exploration, fishing and other forms

of maritime activities. Such a number of vessels trading in

Nigeria’s waters and volume of maritime activities in the

country demand vibrant dry dock facilities to provide

services to the vessels as they may need. With a large

population, Nigeria's maritime industry especially, shipping

and shipbuilding ought to have been one of the largest in

Africa.

Rear Admiral (USN) Alfred Thayer Mahan (1840 - 1914)

believed that national greatness is inextricably associated

with the sea, with its commercial usage in peace and its

control in war. Military strategists and historians may see

the theory of sea control from naval perspective with the

view to ensuring free commerce for the benefit of nations'

uplands while depriving others of same in time of war. Many

Nigerian leaders and strategists are no doubt scholars of

Seapower and they may have been drawing inspirations from

the works of Seapower strategists and historians like Alfred

Mahan and Sir John Laughton. The extent to which the

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principles of Seapower have influenced them in the process

of formulating policies and making maritime related laws for

our great nation is yet to be seen. No doubt, the Nigerian

Navy is charged with the responsibility to safeguard

Nigeria’s maritime environment and ensure safe and free sea

lane of communication (transportation). These roles assigned

to the Nigerian Navy call for a sizeable naval fleet. The

Nigerian Navy fleet also add to the number of ships

operating in Nigerian’s water that require dry dock

facilities to maintain and repair them as needed.

I would like us to look at the theory of Seapower from

another perspective by considering the impact a viable

shipbuilding industry would have in achieving Seapower.

Seapower in this context therefore meaning to dominate

maritime shipping in West African sub-region to the extent

that Nigeria and Nigerians could not only control but also

could influence international trade by the size of its fleet

of merchant ships. Could this be possible if the nation does

not have good shipbuilding infrastructure and shipbuilding

policy? What is the state of health of shipbuilding and ship

repair industry in the country one may therefore ask? Could

a nation determine how much its citizens could participate

in its maritime shipping if it lacks ability to build and

dock ships for repair or maintenance? The decision to

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discuss at this Conference, the subject ‘Dry Dock Facilities

for Building and Repair of Ships’ is not only apt but a sign

that professionals that are key to industrialization in this

great country are reviewing their strategy.

Having a vast maritime environment that is very rich in

resources calls for a large fleet of merchant ships, marine

vessels and platforms and associated equipment. The Cabotage

Act 2003 aims to reserve commercial transportation of goods

and services within Nigerian coastal and inland waters to

vessels flying Nigerian flag and owned by persons of

Nigerian citizenship. International industrial standards for

the maritime industry expect certain level of performance

and maintenance of these ships, vessels, platforms and

equipment. The ships must undertake mandatory docking for

inspections and maintenance at specific intervals if they

must remain in class. Being in class is a necessity if they

must participate in trading at the level and magnitude

desired by many Nigerian ship owners.

These therefore necessitate a robust shipbuilding and

repair industry that would make ships and marine platform

acquisition, repair and maintenance affordable. May be this

is a panacea to ensuring that the Cabotage Act works for the

benefit of people of Nigeria?

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Nigeria Maritime Administration and Safety Agency

(NIMASA) Act 2007 established NIMASA and gave it the mandate

to:

a. Pursue the development of shipping and regulate matters

relating to merchant shipping and seafarers.

b. Administer the registration and licensing of ships.

c. Regulate and administer the certification of seafarers.

d. Establish maritime training and safety standards.

e. Regulate the safety of shipping as regards the

construction of ships and navigation.

f. Provide search and rescue service.

g. Provide directions and ensure compliance with vessel

security measures.

h. Carry out air and coastal surveillance.

i. Control and prevent marine pollution.

j. Provide direction on qualification, certification,

employment and welfare of maritime labour.

k. Develop and implement policies and programmes which

will facilitate the growth of local capacity in

ownership, manning and construction of ships and other

maritime infrastructure

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l. Enforce and administer the provisions of the Cabotage

Act 2003.

m. Perform port and flag state duties.

n. Receive and remove wrecks.

o. Provide National Maritime Search and Rescue Service.

p. Provide Maritime Security and

q. Establish the procedure for the implementation of

conventions of the International Maritime Organisation

and the International Maritime Labour Organisation and

other international conventions to which the Federal

Republic of Nigeria is a party on Maritime Safety and

Security, Maritime Labour, Commercial Shipping and for

the implementation codes, resolutions and circulars

arising there from.

It is evident from these that NIMASA cannot achieve the

technical aspects of their mandate if Nigeria does not have

world class dry dock facilities yet, no mention of dockyard

development was made as a precursor to developing local

capacity in ship construction.

Nigerian ship owners must have easy access to good

ship repair yards that would enable them to maintain their

ships in good conditions. The industry expectations are to

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have ships/vessels that are seaworthy and cheap to operate.

These are conditions that must be met if Nigerian ship

owners are to be competitive and remain in business. The

questions now are, how much are we involved in shipbuilding

and repair, what is the state of dry dock facilities in

Nigeria and, how viable is shipbuilding and repair industry

in Nigeria? What must we do to develop and sustain a

shipbuilding industry that would aid indigenous ship owners

and shippers achieve their business objectives.

The purpose of this paper “Dry Dock Facilities for

Building and Repair of Merchant and Naval Ships” is to

provoke debates on how best to bring about a vibrant and

viable shipbuilding and ship repair industry in Nigeria that

would ensure ship ownership and operation by Nigerians would

be affordable and competitive. This paper will present the

state of ship-repair and shipbuilding facilities in the

country; make a brief gap analysis in the laws of Nigeria

that ought to serve as catalysts for the development of

maritime transportation in Nigeria. Finally, it will

identify some challenges confronting shipbuilding and repair

in Nigeria and recommend way forward.

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SECTION THREE

3.0 DOCK YARD IN NIGERIA

3.1 STATE OF DRY DOCK FACILITIES IN NIGERIA

The state of dry dock facilities in Nigeria could

be deduced from the state of some notable

shipyards/dockyards in the country.

3.1.1 Nigerian Naval Dockyard, Victoria

Island

The Nigerian Naval Dockyard has a 10,000T main

dock and 500T twin docks. The docks are all operating

albeit with challenges associated with aging equipment.

Facilities are gradually being refurbished and upgraded

in some cases but the pace of rehabilitation is slow

because of paucity of funds. The Dockyard provides dry

dock serves for the Nigerian Navy and to merchant ships

as well. This dockyard belongs to the Nigerian Navy.

3.1.2 Nigerian Naval Shipyard, Port Harcourt

The Nigerian Naval Shipyard Port Harcourt has a

200T slipway and a 50T slipway. While the 200T slipway

is not functional, the 50T slipway is fully functional

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having been completely rehabilitated recently. The

major challenge here is the state of siltation which

limits approaches to the facilities. This shipyard also

belongs to the Nigerian Navy.

3.1.3 Nigerdock Nigeria Plc, Snake Island,

Lagos

The Nigerdock has a 25,000T Dry-dock and a 5,000T

Floating Dock. The company is busy but the extent that

it attends to docking of ships for repair or routine

maintenance can best be imagined as the yard’s main

focus now tends more towards providing services to oil

and gas equipment than to ships. This is evidently

expressed on the company website. In effect, they

hardly have space for docking of

ships. This dockyard used to belong to Ministry of

Transport, now it is privatized.

3.1.4 West Atlantic Shipyard, Nigeria, Onne

Oil and Gas Free Zone.

West Atlantic Shipyard has a 7000T floating dock

and covered workshops for new ship construction5. The

shipyard is fully operational. It has the capacity to

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build new ships and dock ships for repairs and routine

maintenance. It is operating at the Onne Oil and Gas

Free Zone.

3.1.5 Starzs Marine and Engineering Limited,

Onne Oil and Gas Free Zone.

Starzs Marine and Engineering Limited has a 500T

floating dock and it is fully operational6. This yard is

the only fully indigenous shipyard operating at Onne

Oil and Gas free Zone.

3.1.6 Continental Shipyard Limited, Apapa,

Lagos.

Continental Shipyard Limited has a 6,000T floating

dock and a 350T slipway. This is a subsidiary of the

Nigerian Ports Authority. The shipyard if functional.

There are other shipyards that are doing well but

they specialize in building small boats in composite

materials. Such yards as Modant Marine Limited at

Rumuolumini and Almarine at Borikiri specialize in the

use of glass reinforced fibre in boat construction. I

want to state here that my objective is not to

enumerate all the shipyards or dry dock facilities in

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the country but to stress that they are few and in fact

they are less than 20 including those that operate in

open spaces where they pull vessels out of water by

unconventional means. It is also to emphasize that even

the best facility amongst those listed lacks what it

takes to build the kind of ships that could effectively

engage in the Cabotage trade. All of the facilities

have limitations and we must tell ourselves the truth.

Accordingly, from the foregoing it could be said that

dry dock facilities in Nigeria are inadequate both in

number, capacity and capability. This is pitiable if

compared with a small nation such as Taiwan that has

about 140 shipbuilding yards and these include 2 large

Chinese shipyards.

A few of dry dock facilities listed earlier that

have managed to maintain acceptable level of

performance have done so because they played down on

ship repair and focused on construction and maintenance

of platforms for the oil and gas industry. Thanks to

the Nigerian Oils and Gas Industry Content Development

Act 2010 (Local Content Act) and the earlier local

content policy of Nigerian National Petroleum Company

(NNPC). The Local Content Act, and the policy before

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it, emphasized Oil and Gas industry and hence the

shipyards took advantage of the situation and began to

shift attention to servicing equipment deployed in the

oil and gas industry. Shipbuilding, ship repair and

maintenance therefore suffer as a result. It would have

been nice if the shipyards had expanded by developing

capacity to serve the oil and gas industry without

sacrificing the growth of their shipbuilding

capability. The truth is, without a good shipbuilding

and ship repair infrastructure in the country, there is

very little that could be achieved in enforcing the

provisions in the Cabotage Act and the Local content

Act on shipping. There must therefore be an effort at

developing the shipbuilding industry in order to drive

the process for achieving the objectives of the

Cabotage Act. Could Nigeria's lack of adequate

shipbuilding and ship repair facilities explain the

lack of local capacity to handle the shipping for

export of the nation's oil and gas, solid minerals,

agricultural produce, manufactured industrial and

consumer goods, provision of maritime related services

for shipping and mining (i.e. tug services, anchor

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handling and cable/pipe laying vessels, logistics

support vessels) etc?

3.2 CHALLENGES CONFRONTING DRY DOCK FACILITIES IN

NIGERIA

The challenges confronting dry dock facilities in

Nigeria are numerous. They include amongst others:

a.Lack of human resource and technical capacity

is made more acute by lack of human capacity

development canters for shipbuilding industry.

Skilled artisans, mechanics and professional

engineers are very few and for now, training

for naval architects and marine engineers

specialized in shipbuilding is only available

abroad.

b.Lack of access to technical services for the

development of owner’s requirement, review of

contract specifications, drawing review,

equipment inspections, on-site supervision,

etc. The National Engineering and Technical

Company Limited (NETCO), a subsidiary of the

Nigerian National Petroleum Company, provided

these kinds of services for the Oil and Gas

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Industry at the start of the campaign to build

local capacity for the oil and gas industry. A

similar organization is necessary for the

shipbuilding industry to make up for expertise

that are lacking and make them available for

the shipbuilding industry to access.

c.Poor infrastructure such as electric power

supply, road and rail network including fresh

water supply makes production cost to be high.

d.Difficulty in accessing funding for shipyard

development is a major challenge more so, that

there is investors’ apathy for long-term

investment as a result of political

uncertainty, poor security environment and the

craze for quick returns on investment. This

calls for concerted efforts between NIMASA and

NNPC in facilitating access to funding for

shipyard development pursuant of the Cabotage

Act and Local Content Act respectively.

Shipyard development and shipbuilding are

closely associated with the oil and gas

industry because large proportion of activities

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The Importance of Building Ship Dockyard in the Nigeria Maritime Industry

in the oil and gas industry are maritime

related. If capacity building is one of the

objectives of the local content Act, it is

expected that Nigeria will not only be able to

repair but also design and build vessels and

platforms required for offshore activities in

oil and gas industry. The Cabotage Vessel

Financing Fund (CVFF) should not be for vessel

acquisition alone but should be available for

dockyard development as well.

e.Critical to the establishment of a viable

shipyard is availability of land adjacent to

water that provides access to the sea and this

water should have sufficient depth that could

accommodate the size of ships envisaged would

visit the shipyard. The Nigerian Ports

Authority (NPA) amongst its functions

administers land and water within ports limits,

including planning and development of port

operational infrastructure. Sadly, it would

appear as if NPA leans more favourably to

giving access to these parcels of land for tank

farm development than for the development of

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shipbuilding facilities. While it is possible

to site tank farms beyond seaport vicinity, it

is not possible to do so for shipbuilding

facilities. It is therefore worrisome that more

tank farms are being built around places

adjacent to large bodies of water when no

sizable shipbuilding facility is being

developed. There is a contradiction of purpose

here?

f.Most Nigerian ships are old and therefore tend

to spend more time in dock. The result is that

other ship owners whose ships may have been

programmed for docking would become

disappointed. The consequence of such is far

reaching in the sense that the ship may have

been taken off trade for docking. If the reason

for wanting to dock the ship is for class

maintenance and it is taking a long time to

carry out such class maintenance docking, the

ship might have to stay longer out of trade. No

ship owner wants to experience such and this,

to a large extent, explains why local shipyards

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are hardly patronized by ships entering or

operating in Nigeria’s waters.

3.3 WAY FORWARD

There must be convergence of efforts by all

stakeholders. Ship owners must:

a.Endeavour to acquire serviceable ships.

b.Strive to make ships available for mandatory

periodic docking.

c.Try as much as it is possible to be specific on

scope of work so that dry dock operators could

plan well and avoid failing other ship owners

waiting for dock space.

d.Provide those spare parts that are peculiar to

their ship especially if such are likely to be

replaced while in the dry dock.

Dockyards must be able to provide:

a.Good survey services and assist ship owners to draw

up scope of work for dry docking.

b.Good and functional dry dock facilities to make

docking swift and efficient.

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c.Inspection services during docking should be

available on demand and should not be delayed.

d.Train and retrain their technical staff to update

their skills and expertise.

e.Aim at proper scheduling ships of ships for

docking. This can only be achieved if thorough

survey of ship is carried out before docking her.

f.Develop good and steady sources of supply of

materials that would often be required by ships in

dry dock.

There must be deliberate effort by both the

government and the private sector in resolving issues

that have been militating against dockyard development

in the country including amending the Cabotage, NIMASA

and Local Content Acts where necessary to emphasize

development of dry dock facilities and enforcement of

the provisions of the Acts policies that would emerge

there form.

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SECTION FOUR

4.0 UTILIZING SHIPYARDS FOR ADVANCED BUILDING CONSTRUCTION

Ships have many similarities with buildings: size,

structure, materials used, providing shelter, etc. and huge

ships are even organized similar as whole (swimming) cities.

As we will show in this chapter also concerning the

production processes and production technologies strong

similarities can be identified.

These similarities today can be used to transfer

processes and technologies from highly advanced ship

building industry into construction industry.

4.1 OVERVIEW OF NIGERIAN TONNAGE AND THE SHIPBUILDING

INDUSTRY

This section presents an overview of Nigerian tonnage

and shipbuilding industry. It further highlights commercial

issues that would assist an entrepreneur to decide whether

or not to invest in the shipping industry.

Everyone associated with the shipping administration in

Nigeria is familiar with the lack of reliable up-to-date

data from the Nigerian Ship Registry. A study carried out by

the International Maritime Organization (“IMO”) on Nigeria’s

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maritime industry in April 1999 reported that only 97

vessels excluding fishing vessels were registered under the

Nigerian flag. Of the 97 vessels 66 were tankers, 20 were

cargo vessels and 1 passenger vessel.

An unconfirmed data from the office of the Registrar of

Ships in 2002 indicated that the Registry has 98 tankers and

26 cargo vessels. This means that between 1997 and 2002

Nigeria recorded an increase of only 32 tankers and 6 cargo

vessels. The office of the Registrar of ships is currently

undertaking an inventory of registered vessels which are

still operational and flying the Nigerian flag. Section 3 of

the Cabotage Act reserves the carriage of goods within

Nigerian coastal waters to vessels owned by Nigerian

citizens and built in Nigeria except where such vessels are

not available in the market.

It is thus hoped that by reserving the coastal trade to

Nigerians, there would be an increase in ship acquisition by

Nigerians and indeed a boost for the ship building and

repair. For an entrepreneur this is a dream come true. A

market for vessels is already in existence especially for

the types of vessels used in the offshore exploration and

exploitation industry (supply boats, crew vessels, barges,

tug boats, tankers etc) The market for Nigerian built vessel

is not only created but is protected under the Act.

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Conscious of the capacity of the industry in this

respect, Nigerian built vessel is defined to include vessels

rebuilt i.e. refurbished in Nigeria or where “the

construction of any major component of the hull or

superstructure are fabricates or assembled in Nigeria.” Most

importantly there is no ownership requirement for the ship

building and ship repair companies. This means that

Nigerians could partner with foreigners who are willing to

inject foreign capital to take advantage of the captive

market and develop Nigeria’s shipbuilding industry.

Nigerian ship building industry is at an infancy stage.

To be quite candid, we do not have a shipbuilding industry.

Reference to shipbuilding by some people erroneously

includes ship repair yards. Ship building yard as the name

connotes is for the construction of a new building while a

ship repair yard is for dry docking or afloat repairs

(repair and maintenance).

If we were to limit ourselves to purely shipbuilding

industry then my job would be finished in the next one

minute. What we do have in sizeable number are ship repair

yards. Available data indicates that Nigeria has about 19

ship repair yards. Ship repair yards basically provide

services such as drydocking for repairs, inspections,

refurbishment, maintenance and alterations. They sometimes

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build small vessels such as barges and tug boat. Ship repair

yards also carry out afloat repairs for example hull and

machinery repairs, welding, blasting and painting services.

A study of Table 1 reveals that about 85% of them are not

operational.

Table 1- Ship Repair Yards in Nigeria

s/n Name Facility Location Remark1 Nigerdock 30,000T, Dry-dock

plus 3,000 tons

Floating Dock

Lagos Not

Functional

2 Damen 180T, Syncrolift

Non functional

Lagos Partially

functional3 Continental

Shipyard

6,000T, Floating

Dock

Lagos functional

4 Naval

Dockyard

Grave Dock Lagos Functional

5 Nigeria ship

Builders

150T, Slipway Port-

Harcourt

Temporaril

y6 Naval

Shipyard

Partially

150T, Slipway Port-

Harcourt

functional

7 W.A.

Drydocks Ltd

2500T, Floating

Dock

Onne Functional

8 Nigerian 100T, Slipway Port- Not

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Ports Plc Harcourt functional9 Technitrade 250T, Floating

Dock

Warri Functional

10 Nigerian

Ports

Authority

Slipway Warri Not

functional

11 Nigerian

Ports

Authority

Slipway Burutu Not

Functional

12 Nigerian

Ports

Authority

Graving Dock Calabar Not

Functional

13 Starzs

Shipyard

Floating Dock

500T

Onne Functional

14 Ed-Zacharah - Port-

Harcourt

Not

Functional15 Oscar Marine

Limited

700T Warri Not

Functional16 Steelways

Limited

1,200T Warri Not

Functional17 Niger Benue

Transport Co

400T Warri Not

Functional18 Python

Engineering

1,000T Lagos Not

Functional19 Ijora 100T Lagos Not

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Fisheries Functional20 Taraba 100T PortHarcou

rt

Not

Functional21 Atlantic

Star

Shrimpers

100T Lagos Not

Functional

22 Underwater

Engr.

1000T Lagos Not

Functional4.2 Shipbuilding Contract

Like every contract, a shipbuilding contract defines

rights and obligations of parties and also allocates risks

to be borne by the parties. The Japanese Shipowners Form is

annexed to this paper as Annex 1 but a few salient issues in

a typical shipbuilding contract is itemized hereunder.

1. Obligation of Builder – The Builder is expected to

build the vessel to specification for a fixed

price and to

deliver the vessel on time

2. Obligation of Buyer – The Buyer is expected to

pay the price which is usually a fixed price

and to

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accept delivery if the vessel is built to

specification and delivered on the agreed time

3. Allocation of risks

a. market risks:

price fluctuation, charter rates

costs of labour and materials

b. technical risks:

may cost more to achieve specification and to meet

timely delivery

poor performance after delivery

c. risk of physical loss or damage

accident in yard or during trials etc.

d. non performance

4. Ancillary contracts

specification is set out

guarantees, refund, guarantees to refund of

installments,

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performance bond to cover installmental payments

etc

4.3 APPLICABLE LAW ON SHIP BUILDING CONTRACT

To the builder, shipbuilding contract is a construction

contract (work and material) but from a buyer’s point of

view especially if it is a new ship it is a contract for the

purchase of a ship i.e. sale of goods contract. The problem

for the courts is therefore to decide whether it is a sale

of goods contract or a construction contract. The

uncertainty is understandable because the law defines a

contract of sale as a contract where the seller transfers or

agrees to transfer the property in goods (usually

ascertained goods) to a buyer for a price – Section 3 Sale

of Goods Law Cap 174, Laws of Lagos State, 1994.

The Court would have to determine whether an agreement

to construct a building, in this instance a vessel, can

properly be regarded as a contract of sale where the subject

matter is unascertained. This confusion is applicable only

to a contract for a new building. Sale and purchase of an

existing ship falls squarely under the sales of goods

contract since the second hand vessel is an ascertained and

specific good. Historically, English law treated

shipbuilding contracts as sale of goods contracts and thus

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the principles of contract law governed the obligations and

liabilities of parties. See McDougall v Aeromarine of

Emsworth [1958] 2 LR 345 where a yacht delivered by builder

to buyer was held not to be seaworthy or of merchantable

quality. Applying the principle of contract for sale of

goods, the court held that the Buyer was entitled to rescind

the shipbuilding contract and that the builder was not

entitled to any further installment rather the Buyer was

entitled to the refund of the purchase price.

However, English Courts have in recent times recognized

common features between ship building contracts and

construction contracts. In Stocznia v Latvian Shipping

[1995] 2 LR 592 where the facts were similar to McDougall,

it was held that the second installment remained due to the

Builder despite the cancellation of the contract because

there was no total failure of consideration. The court

applying construction laws held that the contract was not

merely for the sale of the hull but for construction and

sale of the hull and that the construction was part of the

consideration.

The practice now is that the courts will look at

particular issues to be addressed and apply either sale or

construction principles or both as may be appropriate.

Generally when the issue is on title or passing of property,

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sale of goods law is applied but if the issue is on

construction or installmental payment then it is treated as

construction contract. The consensus though is that

shipbuilding contract falls squarely under the law of

contract albeit of a “hybrid nature”. The Merchant Shipping

Act requires a formal evidence of transfer of ownership by

way of a Bill of Sale as evidence of ownership. The sale may

affect third party rights, but will not affect maritime

liens or mortgages as these attaches to the vessel and

survives transfer of title with the exception of judicial

sale. The seller usually warrants or guarantees that there

are no encumbrances.

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SECTION FIVE

5.0 RECOMMENDATION, SUMMARY AND CONCLSION

5.1 CONCLUSION AND SUMMARY

I will conclude by saying that given the large number

of ships providing services, trading or performing other

activities in Nigeria’s waters, dry dock facilities in the

country is grossly inadequate. The available dry dock

facilities are confronted with myriads of challenges

including poor state of equipment and facilities, lack of

skilled artisans and professional engineers.

Accessibility to land for dockyard development and

funding were identified as major challenge in dockyard

development. Finally, deliberate efforts must be made to

develop dockyards and shipbuilding capability if the country

is to derive the benefits for the Cabotage, NIMASA and

Local Content Acts.

5.2 RECOMMENDATION

I am of the firm opinion that ISAN alone cannot see

this huge venture through without government's support

especially at the teething stage which is most crucial.

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The role of basic infrastructure, flexible financing,

adequate research, planning and forecast can also not be

overemphasized. Since ISAN is aiming at a national carrier

that would replace the moribund Nigerian National Shipping

Line (NNSL), I expect government's support to be full in

terms of policy and funding, just the way NNSL was given

prominence in National Development Plans in the 70s and 80s,

and which was invariably responsible for the successes it

recorded in its glorious years.

5.3 WAY FORWARD

There must be convergence of efforts by all

stakeholders. Ship owners must:

A. Endeavour to acquire serviceable ships.

B. Strive to make ships available for mandatory periodic

docking.

C. Try as much as it is possible to be specific on scope

of work so that dry dock operators could plan well and

avoid failing other ship owners waiting for dock space.

D. Provide those spare parts that are peculiar to their

ship especially if such are likely to be replaced while

in the dry dock.

Dockyards must be able to provide:

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A. Good survey services and assist ship owners to draw up

scope of work for dry docking.

B. Good and functional dry dock facilities to make docking

swift and efficient.

C. Inspection services during docking should be available

on demand and should not be delayed.

D. Train and retrain their technical staff to update their

skills and expertise.

E. Aim at proper scheduling ships of ships for docking.

This can only be achieved if thorough survey of ship is

carried out before docking her.

F. Develop good and steady sources of supply of materials

that would often be required by ships in dry dock.

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REFRENCE

1. Badejo D. (2001): Future of shipping in Nigeria. A

paper Presented at the maritime summit, February (20-

24) at Abuja

2. Bellefontaine N. (2010), Lecture hand out on Marine

Environmental Science. World Maritime University.

Malmo, Sweden

3. Donovan, (2006), Environmental management Handbook,

Washington D.C. American Association of Port

Authorities

4. Donner P. (2011), Lecture Hand out on shipping

management. World Maritime University, Malmo, Sweden

5. Elem R. (2008) Economic opportunities available in the

Nigerian Maritime Sector. The voyage magazine by NIMASA

April 2008 p.12

6. Federal Ministry of transport (1995), Increasing

Indigenous Participation in Cargo Affreightment Abuja.

Federal Ministry of Transport (FMOT).

7. Gius O. (2009), Wet Cargo Lifting and the Nigerian

Economy,Abuja. Being a paper presented at the Maritime

Summit, February (24-26)

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The Importance of Building Ship Dockyard in the Nigeria Maritime Industry

8. Bock, T., Robot Oriented Design, Shokokusha, Tokio,

1988

9. Bock, T., Lauer, W. “Location Orientation Manipulator

by Konrad Wachsmann, John Bollinger and Xavier

Mendoza”. 27th International Symposion on Automation

and Robotics in Construction (ISARC), Bratislava, 2010

10. Bock, T; Eibisch, N. “The Helix-Tower by Konrad

Zuse: Automated Con- and Deconstruction”. 27th

International Symposion on Automation and Robotics in

Construction (ISARC), Bratislava, 2010

11. Dr. Yusuke Yamazaki, Vice-Director Shimizu

Institute of Technology

12. Bock, T., Linner, T., Lee, S. “Integrated

Industrialization Approach for lean Off-On -site

Building Production and Resource Circulation”. 7th World

Conference on Sustainable Manufacturing, India, 2009

13. Logimatic, MARS vertical ERP solution for

shipyards, Website: www.logimatic.com, last visited:

12.03.2011

14. Master Course ”Advanced Construction and Building

Technology”, www.br2.ar.tum.de - T. Bock, T. Linner

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