Port Users Threaten Court Action Over Charges

Port users have bemoaned the current shipping charges at the gateways, vowing to seek legal redress against port concessionaires and shipping companies for charging arbitrary fees which they claimed contravened global best practice.

According to the maritime stakeholders, the Nigerian Ports still remained  one with the highest shipping charges in the world, adding that they were ready  to  contest the charges in the court.

The stakeholders  made the decision at a one-day stakeholders legal clinic on shipping charges, rules, rights and remedies held at the Nigerian Shippers’ Council in Lagos recently.

Representative of the Executive Secretary, NSC, Hassan Bello, said the council decided to organise the clinic in conjunction with Akabogu and Associates because of complaints shippers have lodged at NSC over arbitrary shipping charges by terminal operators and shipping companies which the NSC had assisted shippers to solve.

Bello, however, explained that the clinic would address all contentious issues facing maritime sector development in the country. On economic regulator for the maritime industry, Bello said it was long overdue and NSC has submitted a benchmark of shipping charges to the office of the Minister of Finance for consideration.

He said the council needed the support and prayers of stakeholders for it to receive the desired attention as economic regulator.

Barrister Emeka Akabogu said the shipping charges at the gateways were not acceptable as they were not in line with charges at neighbouring ports and in other countries.  He lamented the role of the Federal Government which, he said, has not done enough to assist importers and exporters.

Akabogu threatened that as a last resort, stakeholders will approach  the court of law for relief.

He said arbitrary shipping charges’ statistics obtained from Nigerian Ports Authority (NPA), showed that imports in a year was 817,216 TEUs plus 231,423 vehicles.

According to him, damage, delay or loss incidents affected at least 40 per cent of the imports, adding that the average value of one TEU equals $75,000 and that of one vehicle is $12,000.

He said it was because of the huge amount being charged by concessionaires and shipping companies that made it imperative to go to court to seek redress.

Maritime expert, Otunba Kunle Folarin, said the clinic was aimed at addressing critical issues facing port business in the maritime sector. Folarin tasked maritime stakeholders to look into such questions as what really constitutes the numerous charges slammed on importers and shippers of goods to Nigeria, like terminal handling charges (THC), containers demurrage. Who should be charging and how much is the international charge?  Why pay Value Added Tax on CIF when it is also charged on customs duty? Why VAT on container deposit? The absolute need for a commercial and economic regulator in the industry, a critical analysis of the roles of NPA and Nigeria Shippers Council (NSC) in the port; and  single window or one-stop shop clearing house for all payments.

National President of Association of Nigerian Licensed Customs Agents, Prince Olayiwola Shittu, said highly-placed persons at the Federal Ministry of Transport are colluding with some industry operators to scuttle the actualisation of a commercial regulator for the maritime industry.

According to him, NSC has done well to raise importers’ confidence at the gateways, adding that the council qualified as a commercial regulator.