The Nigerian Shippers’ Council recently resolved a dispute involving the alleged unauthorized diversion of Cargo belonging to Nestle Nigeria Plc to Lekki Port by CMA-CGM Shipping Line. This action was deemed a violation of the Contract of Carriage of Goods by Sea, specifically Bill of Lading No. LHV3676761 for a 5X40FT shipment, and the approved Nigeria Customs Rotation Number (AP25/952 of 15/06/2025). The shipment originated from Antwerp, Belgium.
The complaint was filed by Nestle Nigeria Plc (the Consignee) through their Clearing Agent, Aim Logistics Limited.
Welcoming the meeting participants on behalf of the Executive Secretary/CEO, Akutah Pius Ukeyima, Esq, MON, FCILT, Ph.D, was Dr. Bashir Ambi Mohammed, Head, Complaints Unit. He noted that this was the final stage of the mediation process after previous sessions. He added that, in line with the Council’s succession planning exercise, Yahaya Abdullahi Wachiko was nominated to chair the meeting.
Mr. Wachiko requested the case handler, Funmilola Afolabi (POO), to summarize the complaint. Ms. Afolabi stated that Nestle Nigeria Plc, through their agent Aim Logistics Limited, reported a complaint of unauthorized diversion of their Cargoes to Lekki Port instead of Apapa Port by CMA-CGM, in violation of the Bill of Lading (LHV3676761) and Rotation No: AP25/952 OF 15/6/2025. She added that the Clearing Agent alleged that this diversion resulted in significant additional financial liabilities and requested the Council’s intervention.
Jide Adeleye and Khairat Sani Adamu of Aim Logistics Limited represented Nestle Nigeria Plc. The agent stated that the shipment was loaded from Antwerp, Belgium, and the Port of Discharge (POD) clearly stated in the Bill of Lading was Apapa. Furthermore, the rotation number issued by the Shipping Line was an Apapa rotation number and was used to capture the consignment on the Customs Trade Portal for duty assessment. Duty was duly paid for the Customs documentation clearance. However, at the point of collecting the invoice for terminal charges, it was discovered that the Containers were not discharged at Apapa terminal as reflected in the B/L, but were instead offloaded at Lekki Port Terminal. The agent stressed that there was no communication from the Shipping Line to their client or to them regarding the offloading of the containers at Lekki.
Jide Adeleye informed the meeting that, knowing incurring implications, they had no option but to salvage the Cargo by restarting the Customs clearance process at Lekki Port. The duty paid under Apapa Command was not acceptable at Lekki Command, which necessitated the processing of a transfer of payment from Apapa Command to Lekki Command. He said aside from the cost of re-doing the Customs process at Lekki Command, the unilateral decision by the Line resulted in accumulated demurrage of N6,855,522.80 and extra terminal storage of N19,119,826.00, totaling N25,975,348.80. They solicited the Council’s intervention for a refund.
CMA-CGM Nigeria was represented by Rita Ononiwu (Commercial Manager) and Chukwudumebi Affam. They informed the meeting that Nestle Nigeria Plc (the Consignee) had given them a standing instruction for over two (2) years to discharge their shipments at Lekki Port whenever there was a need to do so. Ms. Ononiwu argued that the Shipper abroad loaded the boxes on their vessel that birthed at Lekki Port because only smaller vessels regularly call at Apapa Port, and that CMA-CGM acted based on the orders allegedly given by the Consignee.
After extensive deliberations and a thorough review of all relevant documents, the meeting reached the following resolutions: that
- The Nigerian Shippers’ Council affirmed that the Apapa-bound Cargo with Bill of Lading No: LHV3676761 for the 5X40FT shipment was unjustifiably taken to another terminal, thereby causing significant financial loss.
- By this act, CMA-CGM Nigeria is directed to refund the sum of Twenty-Five Million Nine Hundred and Seventy-Five Thousand Three Hundred and Forty-Eight Naira and Eighty Kobo (N25,975,348.80) to Aim Logistics Limited on this month of November, 2025. A copy of the payment proof must be made available to the NSC. (Failure to adhere to this directive will result in the application of regulatory sanctions by the NSC).
- The Nigerian Shippers’ Council strongly advises all Stakeholders to always conform with the content on the Bill of Lading (B/L).
The Council concluded by encouraging all parties to continue and maintain their business relationship.
