……. Help our business we are priced out…Shipper
…….. We acted in compliance to new IMO regulations on decarbonisation…..Shipping Company
waived 50% because of NSC
The Nigerian Shippers’ Council recently convened a tripartite mediation meeting held at the Complaints Unit, to address a complaint of unfair billing practices and operational inefficiencies filed by Tanimola Logistics Nigeria Ltd, (Claimant) against Hapag Lloyd Shipping Nigeria.(Carrier)
Tanimola Logistics alleged a contentious substantial detention and demurrage charges stemming from the undisclosed classification of Charcoal as Dangerous Goods (DG).
The meeting was chaired by Dr. Bashir Ambi, Head, Complaints Unit, who welcomed all parties on behalf of Akutah Pius Ukeyima, Esq, MON, FCILT, Ph.D. He requested a formal introduction of all participants and outlined the rules of engagement.
Representing Tanimola Logistics Nig, were Yusuf Tanimola (Chairman), Elizabeth Asiegbu and Olayemi Adedeji. The Company reported to the meeting that the core issues were:
- Wrongful detention of containers and claims of missing container stickers.
- Arbitrary Demurrage/Detention charges and inflated invoices far exceeding reasonable costs.
- Persistent demand for payment on disputed invoices, which forced the Company to pay multiple invoices “under duress.
They asserted that, despite paying multiple invoices under duress, containers remained uncleared at the destination. This situation reportedly resulted in significant financial losses, reputational damage, and a threat to the survival of the Company’s business which they claimed were “pricing them out of business”. They solicited for Council’s intervention.
Tanimola further highlighted a key issue to the meeting, a one month delay in the booking confirmation, followed by charges of 18,000 Naira/day for Seven (7) Containers. After paying 15,000 euros for freight, they were suddenly informed that six of the containers were classified as Dangerous Goods (DG), and were charged unanticipated 14 million naira in demurrage, a sum they felt jeopardised their business survival.
The Carrier’s Defence: New IMO Decarbonization Regulation.
Hapag Lloyd, represented by Deborah Olajumoke and Olayemi Adeboyeki attributed the charges to compliance with new IMO regulations on the decarbonization of shipping. They stated they were the first to adopt the new rule, which classifies Charcoal as a DG (UN1361, Carbon) under IMDG Code amendment 42-24.
Although this amendment becomes mandatory on January 1, 2026, Hapag Lloyd implemented it on April 1, 2025, claiming they had distributed cautionary emails to Customers on Charcoal Manifest on March 25, 2025.
The Regulation: As per the International Maritime Dangerous Goods (IMDG) Code amendment 42-24, Charcoal must now be declared as a Dangerous Good, specifically classified as UN1361, Carbon. IMDG Code amendment 42-24 is the latest set of updates to the International Maritime Dangerous Goods Code, which will be mandatory on January 1, 2026. It introduces significant changes to the safe transport of dangerous goods by sea.
After thorough deliberations and in line with the principles of Alternative Dispute Resolution (ADR), the meeting reached the following resolutions that:
- Confirmation of Transaction: The Nigerian Shippers’ Council affirms the existence of an export transaction of Charcoal between Tanimola Logistics Ltd and Hapag Lloyd Nigeria.
- Observation on Communication Gap : The Nigerian Shippers’ Council observed that the Complainant utilized a third party who failed to adequately communicate the carrier’s guidelines regarding the new DG classification.
- Adherence to Global Guidelines: The Nigerian Shippers’ Council notified the Complainant and all exporters that International Maritime Organization (IMO) guidelines must be strictly observed globally.
- Appeal for Carrier Action (Integration): The Nigerian Shippers’ Council appeals to Hapag Lloyd to immediately incorporate Tanimola Logistics into their Charcoal licensed list (rather than having to wait for management to formally open the Charcoal License) and to consider them a registered member, provided all relevant rules are adhered to going forward.
- Carrier Incentive: Hapag Lloyd agreed to offer discounts on future shipments to Tanimola Logistics, provided that all subsequent bookings are placed strictly in accordance with the Carrier’s established guidelines.
- Register with the Council The Shipper was asked to register with the Council immediately.
- Appeal for Continued Patronage: The Nigerian Shippers’ Council appeals to Tanimola Logistics to continue to patronize Hapag Lloyd.
