Overview of The Nigeria’s Space Law and Draft Regulations

Contributor: Animasaun Iyanuouwa

Introduction

The rise of private companies in space exploration has prompted countries to develop national laws to regulate, authorize, and supervise such activities. This trend is no longer limited to Western or former communist nations; developing countries like Nigeria are also advancing their legal frameworks. In 2010, Nigeria introduced the National Space Research and Development Agency Act (NASRDA Act) and later drafted Regulations on Licensing and Supervision to involve private enterprises in space activities. Nigeria is the second African nation, after South Africa, and a key developing country, after Brazil, to create such laws.^[1]

Nigeria’s International Space Obligations

Nigeria is a signatory to four major UN space treaties: the Outer Space Treaty, Rescue Agreement, Liability Convention, and Registration Convention. These treaties outline global responsibilities for space activities, especially involving private operators. Key obligations include:

1. Authorization and Supervision: Nigeria is responsible for ensuring that private space activities comply with international law. National legislation with licensing systems is required to oversee these activities.
2. Liability for Damage: Nigeria can be held liable for damages caused by space objects it launches or oversees. Licensing systems should address liability and mandate insurance.
3. Registration of Space Objects: Nigeria must register any space objects it launches, both nationally and with the UN, to maintain jurisdiction and legal control over such activities.

Nigeria’s Space Program and Legal Developments

Nigeria’s space journey began in 1999 with the establishment of NASRDA. By 2003, it launched its first satellite, followed by a telecommunications satellite in 2007. The country plans to design, build, and launch satellites domestically by 2030. These ambitions required a robust legal framework, leading to the NASRDA Act in 2010 and the drafting of more detailed regulations in 2015 to address licensing and supervision of private space activities.

The NASRDA Act (2010)

The NASRDA Act established NASRDA as Nigeria’s main space agency, with responsibilities to promote space technology and involve private industries. Key provisions include:^[2]

• Developing strategies for private sector participation in the space industry.
• Granting licenses for activities involving satellite data (e.g., remote sensing, navigation).^[3]
• Maintaining a national registry of space objects to comply with international obligations.
  Licensing conditions emphasize safety, public health, national security, and alignment with Nigeria’s international responsibilities.

Draft Regulations on Licensing and Supervision (2015)

These regulations aim to fill gaps in the NASRDA Act. Key features include:

1. Broad Definition of Space Activities: The regulations cover all activities involving space objects, including their operation, launch, and re-entry, within and beyond 100 km above sea level. This aligns with global trends defining the boundary of outer space.^[4]
2. Expanded Licensing: Licenses are required for Nigerian entities and operators in Nigerian territory, including those manufacturing space objects. Types of licenses include:
   • Launch Facility Permit: For building and operating launch sites.
   • Launch Permit: For launching specific objects or series of launches.
   • Overseas Launch Certificate: For Nigerian entities launching abroad.
   • Exemption Certificate: As an alternative to the above permits.^[5]
3. Liability and Insurance:
   • Licensees must indemnify the government for claims up to $15 million resulting from space activities.
   • Mandatory insurance must cover at least $5 million in damages.
   • The government covers liabilities exceeding $15 million, making Nigeria’s liability limits relatively low compared to other countries like the U.S. and Europe.^[6]

Comparison with Other Nations

Nigeria’s liability limits for private operators are among the most generous. For instance:

• The U.S. imposes liability caps up to $500 million.
• European countries, such as France and the UK, cap liability at around €60 million ($68 million).
• South Korea sets limits at 200 billion won ($166 million).

The Lacuna in Nigeria’s Space Law

As Nigeria steps boldly into the realm of outer space, its legislative framework, though ambitious, reveals certain gaps—a lacuna that begs for attention. The National Space Research and Development Agency Act (NASRDA Act) of 2010, while pioneering in its recognition of private sector participation, leaves critical details unresolved. Similarly, the Draft Regulations on Licensing and Supervision, though promising, remain incomplete, straining under the weight of an evolving space ecosystem.

One glaring omission lies in the clarity of liability allocation. The Act recognizes Nigeria’s obligations under international treaties like the Liability Convention, yet fails to offer comprehensive guidance on indemnification and recourse mechanisms. ^[7]While the Draft Regulations set caps on liabilities for private operators, these thresholds—though pragmatic for a developing nation—risk inadequacy in the face of catastrophic incidents. Additionally, there is little provision for scenarios where claims exceed insured amounts, potentially burdening the government with unmanageable responsibilities.

Another gap exists in the regulatory scope over modern and emerging space activities. The NASRDA Act focuses heavily on satellite data and remote sensing, reflecting the priorities of its time. However, with the advent of new technologies like space mining, in-orbit manufacturing, and commercial human spaceflight, the Act does not adequately address these frontiers. Without proactive updates, Nigeria risks falling behind in the global space race, unable to regulate or benefit from cutting-edge innovations.^[8]

Furthermore, the Act and Draft Regulations adopt a licensing regime but provide limited detail on the procedural transparency and enforcement mechanisms. How disputes between the government and private operators will be resolved remains murky. Similarly, provisions for environmental protection in space—such as the mitigation of space debris or preventing contamination—are sparse, reflecting a gap in addressing broader international concerns.^[9]

Another lacuna is the absence of detailed funding and resource allocation strategies to oversee private space activities. The NASRDA, originally conceived as a research institution, now bears the monumental task of regulating a burgeoning space sector. Without clear funding mechanisms, the agency risks being under-resourced, and unable to effectively execute its expanded mandate.

These gaps reveal a pressing need for reform in the grand tapestry of Nigeria’s space ambitions. As the nation charts its course among the stars, its legal framework must evolve, not just to meet its international obligations but also to nurture a thriving domestic space industry. Addressing these lacunae will ensure that the gravity of unfinished business on Earth does not hinder Nigeria’s ascent into the cosmos.^[10]

RECOMMENDATIONS

It is pertinent that there be an enactment of a comprehensive space law that addresses various aspects of space activities to address the following:

• To establish a regulatory framework for space activities.
• To develop liability and insurance provisions for space accidents or damage.
• To create guidelines for space property rights.
• To provide for environmental protection policies for space activities.
• To develop data protection regulations for space activities.
• To establish cybersecurity measures for space activities.
• To synchronize with trite international policies relating to space activities in other jurisidictions.^[11]

Conclusion

Nigeria’s efforts to regulate private space activities demonstrate its ambition to become a leader in the African space industry. The NASRDA Act and draft regulations establish a framework to promote private sector involvement while ensuring compliance with international law. However, Nigeria’s relatively low liability limits reflect its developing-country status and balancing act between fostering innovation and managing risks.

SNIPPET

Despite the NASRDA Act, Nigeria’s space law remains underdeveloped, with gaps in areas such as liability and insurance, environmental protection, and intellectual property rights. To address these challenges, Nigeria needs to update and expand its space law framework to ensure compliance with international best practices and to support the growth of its space industry.

KEYWORD

Space, regulation, NARSDA

1. Akande, A. A.. “An Examination of the Legal Framework for Space Activities in Nigeria.” (LL.M. Thesis, University of Lagos).(2019) accessed on November 17 2024 ↑
2. National Space Research and Development Agency Act (hereafter NASRDA Act), adopted 27 August 2010, No. 9 of 2010; Federal Republic of Nigeria Gazette No. 98 of 30 August 2010, A 1249–1268. Accessed on November 17 2024 ↑
3. Sec. 9(1), NASRDA Act ↑
4. Regulations on the Licensing and Supervision of Space Activities, 2015 draft (hereafter Draft

   Regulations), provided courtesy of NASRDA Accessed on November 18^th, 2024 ↑

5. See for an analysis of the relatively low level of participation of African countries in COPUOS

   and the UN space treaties e.g. J. A. van Wyk, Overview of the Implementation Status of the Five

   United Nations Treaties on Outer Space in African Countries, 12 African Skies/Cieux Africains

   (January 2008), 20–28. Accessed on November 18^th, 2024 ↑

6. Convention on International Liability for Damage Caused by Space Objects (hereafter Lia-

   bility Convention), London/Moscow/Washington, done 29 March 1972, entered into force

   1 September 1972; 961 UNTS 187; TIAS 7762; 24 UST 2389; UKTS 1974 No. 16; Cmnd. 5068;

   ATS 1975 No. 5; 10 ILM 965 (1971). Nigeria acceded to the Liability Convention on 29 De-

   cember 2005; see https://treaties.un.org/Pages/showDetails.aspx?objid=08000002801098c7

   (last visited 9 February 2016)Accessed on November 18^th, 2024 ↑

7. Supra ↑
8. Supra ↑
9. Akinyede, R. O. “Nigeria’s Space Program and the Challenges of International Space Law.” Journal of Space Law, 43(1), 1-25 (2019) Accessed on November 18, 2024 ↑
10. Falana, F.. “Space Law and Policy in Nigeria: Challenges and Prospects.” Nigerian Journal of International Law and Foreign Policy, 4(1), 1-15. (2018) Accessed on November 18, 2024 ↑
11. Odunsi, A. O. “Regulatory Framework for Space Activities in Nigeria: A Critical Analysis.” African Journal of International and Comparative Law, 28(2), 147-164. (2020) Accessed on November 18 2024 ↑