Following introductions by the attendees, Dr. Bashir Ambi Mohammed Head, Complaints Unit, speaking on behalf of the Executive Secretary/CEO, Akutah Pius Ukeyima, Esq, MON, FCILT, Ph.D., welcomed Stakeholders to the meeting. Dr. Ambi noted that this was an ongoing dispute, and the meeting had been rescheduled at the request of the Managing Director of CMA CGM Shipping Nigeria. He recalled that the Nigerian Shippers’ Council (NSC) held the first meeting on August 10, 2025. Following this, the resolutions of that initial meeting were communicated to five Shipping Lines. The NSC deemed it necessary to reconvene the Transmission Company of Nigeria (TCN) and the affected Carrier to eliminate any ambiguity, as Resolution No.10 of the previous meeting had been misinterpreted. He then asked the TCN representatives if they had proactively engaged CMA CGM regarding the matter.
Representing TCN at the meeting were Engr. Aluko Joshua and Engr. Dare Adekunle, with Mr. Ochije O. Chuks (TCN Executive Director of Finance) joining virtually. Engr. Joshua, responding to Dr. Ambi, stated that following the previous meeting, correspondence was sent out and internal meetings were held with TCN Management. All relevant documentation, including timelines showing that the Customs clearance process was initiated in June 2025, was attached. The Nigeria Customs Service had written to TCN in June 2025 requesting specific details regarding the Consignments, to which TCN replied on June 9, 2025. These details were subsequently shared with CMA CGM during a management meeting. Despite this, the Carrier insisted that demurrage and detention fees must be paid, even on the Containers that had been auctioned prior to the August 2025 meeting.
Representing CMA CGM Nigeria were Mr. Uche Amogu (Credit Control Unit) and Fatima Chegbu (Chief Financial Officer). Ms. Chigbu informed the meeting that the TCN team visited their office on August 30, 2025, regarding Resolution No.10. She noted: “We informed them that we were still consulting with executive management, as we do not hold final approval authority. We subsequently met with our Managing Director and presented all reviewed documents. However, he directed that invoices must be raised because CMA CGM requires full collection of the accrued demurrage on those specific invoices.”
Dr. Ambi intervened, guiding the CMA CGM representatives by noting that a communication gap clearly existed, given that prior discussions had already taken place and definitive decisions were reached.
The CMA CGM team responded that during the August, 2025 meeting, 14 Containers (14 + 1) were not included in the initial deliberations but were introduced after payment was made. They explained that once the Credit Control Manager generates an invoice, it is booked as accounts receivable, which the unit is mandated to collect. However, the Line’s Idle Cargo Department later reported that those 14 Containers had not been released at all. They added that while these boxes were classified as “Auctioned” in Customs records, they were captured as “Long-Standing/Idle Full” at the port terminal within the Shipping Line’s system, thereby continuously accruing demurrage and detention charges.
Dr. Ambi clarified that CMA CGM was not initially listed to participate in the first meeting. However, the NSC extended an invitation to the Carrier out of professional courtesy and as a matter of trade facilitation, since MSC and PIL were the only Lines that had initially raised the alarm.
Executive Session at CMA CGM Headquarters
To expedite the resolution process, the meeting reconvened at the Leventis Building, the Headquarters of CMA CGM Nigeria.
Dr. Ambi, in his brief opening remarks, informed Hinelder Ferreira, the Managing Director, CMA CGM that the session had been relocated to his office to ensure his direct participation and accelerate a final settlement.
The Managing Director of CMA CGM Shipping Nigeria expressed appreciation for the strong institutional relationship between the entities. Noting that this was his first time sitting directly at the negotiating table with TCN on this specific matter, he expressed disappointment over how the issue had been handled in previous years. He stated:
“We have turned a new leaf and hope history will not repeat itself. We are currently reviewing 14 boxes that have accrued ₦223 million in demurrage on auctioned units. Out of respect for our relationship with the Council, we have reduced this amount by 50%. We highly appreciate the Council’s long-standing intervention; the Council is not only helping us but sustaining our business operations.”
Hassan Aminu (Assistant Chief Operations Officer, NSC) presented the regulatory framework, stating that TCN must henceforth abide by the Council’s resolution to prevent future Cargo abandonment and ensure timely Customs clearance of their shipments. However, he pointed out that the Customs auction process had been initiated long before the August meeting, meaning TCN had no legal mechanism to reverse it. The official auction allocation letters were issued after the meeting. Under Nigerian Financial Regulations and statutory laws, once a Cargo is successfully auctioned, it is gazetted because it has been condemned by a Court of competent jurisdiction. This legal process renders any subsequent commercial financial liabilities or liens on those Cargoes null and void. This legal reality is precisely why the Council intensified its intervention to achieve an amicable commercial settlement.
The TCN Executive Director of Finance, speaking via phone, sought clarity on the exact concession CMA CGM required from TCN to close the matter.
The MD of CMA CGM responded that while the teams had tried to reach a compromise, they encountered a commercial bottleneck that could only be resolved at the executive level. He stated:
“I received the brief from my team. On the TCN auctioned units, we have an outstanding gross invoice total of ₦483,883,015.00. Out of this amount, ₦357,592,000.00 is strictly tied to the auctioned units. There are four (4) Bills of Lading affected by the auction. This involves 14 + 1 Containers split across two (2) separate Bills of Lading that accrued ₦223 million, and another two (2) Bills of Lading that accrued ₦133 million.”
Meeting Resolutions
Following extensive deliberations and strategic intervention by the Shippers’ Council team, the parties mutually agreed to the following resolutions that:
- The NSC affirmed the existence of total outstanding liability of ₦483,883,015.00 across two separate sets of Bills of Lading covering twenty-two (22) Containers of National Project Cargo.
- Due to the consistent and sustained intervention of the Council, CMA CGM agreed to accept a lump-sum final settlement of ₦160,000,000.00 from TCN, effectively waiving ₦323,883,015.00 of the accrued charges.
- TCN committed to immediately commence the accelerated Customs clearance of all affected boxes and ensure the expedited return of the empty Containers to the Carrier’s Holding Bay before the end of June 2026.
- The Council enjoined both parties to consolidate their commercial relationship and improve communication to prevent future operational bottlenecks.
