ARBITRARY CHARGES: NSC ENFORCES MARITIME FAIR PRICING RULES, RESOLVES GROUPAGE DISPUTE BETWEEN A CONSIGNEE AND SKY CARGO NIG. LTD.

Thursday 4th June, 2026. The Nigerian Shippers’ Council (NSC) successfully intervened and amicably resolved a maritime commercial dispute between the Consignee, Engr. Jones Uchenna Okorie (Complainant), and the Freight Forwarder, Sky Cargo Ltd (Respondent). The dispute centered on an un contracted surcharge of ₦50,000 per Cubic Meter (CBM) applied to a 23 CBM Consignment of imported Plastic Recycling Machines (Tracking/Waybill No: 3612975464). The mediation meeting held at the Department of General Services, Meeting Room, 3rd Floor. NSC Headquarters, Apapa, GRA, Lagos.

Welcoming participants on behalf of the Executive Secretary/CEO, Dr. Akutah Pius Ukeyima, Esq., MON, FCILT, the Head, Complaints Unit, Dr. Bashir Ambi Mohammed, outlined the objectives of the session: to ascertain the structural factors driving the unbudgeted secondary charges and to institute an equitable remedy. In accordance with the Council’s administrative succession protocol, Dr. Ambi designated Jessica Dan to chair the proceedings, who subsequently called upon the Case Handler, Barr. Asmau Hassan Bello (Senior Legal Officer), to present the formal case brief.

Barr. Asmau Hassan Bello reported that the Complainant’s Cargo arrived at the Apapa Port complex on March 24, 2026. Twenty-five days post arrival, the Freight Forwarder issued a debit note reflecting an additional ancillary charge of ₦50,000 per Cubic Metre, (CBM) totaling an unbudgeted ₦1,150,000. Sky Cargo Ltd attributed this variance to a “newly implemented Federal Government Customs Tariff Policy.” Seeking verification, the Complainant independently engaged the Nigeria Customs Service (NCS) and other statutory trade regulatory authorities, all of whom denied the existence of any such statutory tariff upward review.

Representing Sky Cargo Ltd, Dr. Ben Okorie and Mr. Olukemi Frank conceded that the financial adjustment did not originate from a statutory Fiscal Policy change, an official Customs Tariff Circular, or a Federal Government Gazette. Instead, they clarified that the billing variance stemmed from ad-hoc internal Cargo revaluations executed orally by the local Customs Area Command.

Dr. Bashir Ambi clarified that internal administrative adjustments by Customs Area Commands driven by local revenue targets and updated market intelligence are standard operational realities within the Nigerian maritime ecosystem. While these upward duty assessments are administratively valid, the Council emphasized that misrepresenting localized Cargo revaluations to Consignees as “new federal tariff regimes” is a breach of transparent trading practices.

Mrs. Obiagelli Juliana Saka an Assistant Director and Head, Complaints Unit (designate) noted that the 25-day Cargo clearance delay was exacerbated by systemic disruptions tied to the ongoing national trade data migration to the National Single Window (NSW) Platform, which has temporarily impacted Cargo processing timelines across port terminals.

Upon thorough examination of the shipping documents, waybills, and bilateral submissions, the meeting established that a valid freight forwarding contract existed and that a critical communication gap regarding ad-hoc operational costs caused the impasse. To facilitate trade and ensure equity, the meeting reached the following resolutions that:

1. The Nigerian Shippers’ Council affirmed that there was shipment and business relationship between Engr. Jones Uchenna Okorie and Sky Cargo Limited.
2. The Nigerian Shippers’ Council affirmed there was a general problem resulting from National Data Migration to the National Single Window (NSW), which affected many Cargoes including the subject Cargo.
3. The disputed ancillary sum of ₦1,150,000 shall be split equally between both parties. Engr. Jones Uchenna Okorie and Sky Cargo Ltd will each absorb ₦575,000 as a final settlement of the outstanding clearing variance.
4. The Consignee, Engr. Jones Uchenna Okorie, shall settle the revised invoice and take physical delivery of the Plastic Recycling Machines immediately to prevent further storage and demurrage accumulation.
5. Sky Cargo Ltd is directed to immediately retract the disputed bill and issue a revised, clean invoice reflecting the adjusted sum of N575,000 to the Consignee.
6. The Council directs Sky Cargo Ltd to formally register with the Nigerian Shippers’ Council as an authorized market intermediary and upgrade its corporate communication infrastructure (including verified physical addresses, functional corporate emails, and active telecommunication lines).
7. In the spirit of trade facilitation and the Ease of Doing Business in Nigeria, the Council appeals to both entities to maintain their commercial relationship free of rancor.