The Nigerian Shippers’ Council (NSC), recently mediated and successfully resolved Unfair Demurrage Assessment & Arbitrary Account Lien due to Cargo Abandonment at Destination dispute between Chuangxin International Logistics Ltd (the Complainant/Booked Party) and Maersk Line Nigeria (the Respondent/Ocean Carrier) regarding an administrative lien placed on the Complainant’s operational account due to accrued destination demurrage.
The mediation proceedings were held at the General Services Department Meeting Room, 3rd Floor, NSC Headquarters. The session was chaired by Dr. Bashir Ambi Mohammed, Head, Complaints Unit, on behalf of the Executive Secretary/CEO, Dr. Akutah Pius Ukeyima, Esq., MON, FCILT.
Mrs. Oluwatoyin Ojo, the designated Case Handler, provided the initial operational briefing. She informed the meeting that the Council received a formal Complaint from Chuangxin International Logistics Ltd against Maersk Line Nigeria regarding an administrative freeze placed on their account. She explained the chronology of the case as follows:
- Shipment Details: The dispute arose from an export Consignment loaded on the Vessel Maersk Antwerp (essel/voyage: 232S), which arrived at the destination Port of Mersin, Turkey, on September 29, 2022.
- Abandonment Notice: On November 30, 2022, Chuangxin formally applied to Maersk Line to abandon the Cargo (Container Nos. MSKU8717924 and MRKU2068997).
- Carrier’s Acknowledgment: On December 1, 2022, Maersk acknowledged the request via email, confirming that their destination desk had been instructed to execute the Cargo abandonment process. Maersk explicitly committed to keeping the Complainant updated on any developments or regulatory requirements.
- Lack of Communication & Account Lien: The Complainant received no further correspondence or status updates from Maersk until May 2026. Without prior notice or an interlocutory warning, Maersk issued Demurrage Invoice No. 7682896992 totaling $151,800 USD and placed an administrative lien on Chuangxin’s booking account, freezing their daily operations.
Dr. Ambi asked the Complainant’s representative to confirm if the brief accurately captured their grievances, to which they responded in the affirmative.
Maersk Line was represented by Jonathan Igbinoun (Customer Experience Consultant) and David Wey. They presented the Carrier’s defense as follows:
- Absence of Bill of Lading: A review of the shipment manifest and documentation indicated that an Original Bill of Lading (OBL) was never requested or issued to the Consignee.
- The “Booked Party” Liability Principle: Under standard global maritime terms and Maersk’s standard Contract of Carriage, full proprietary responsibility and financial liability for the Cargo remain with the Shipper or the “Booked Party” (Chuangxin) until an OBL is issued and title is legally transferred to a Consignee. Because no OBL was executed, the Complainant retained ultimate title and liability.
- Jurisdictional Constraints on Disposal: Maersk confirmed they forwarded the abandonment notice to their Turkish destination team to liaise with local authorities. However, an Ocean Carrier does not possess sovereign authority over foreign Customs administrations. The timeline for administrative Cargo disposal (auction or destruction) is strictly under the jurisdiction of the Turkish Customs Authorities.
- Invoice Generation Delay: Maersk’s destination team followed up on the Cargo status until late 2024. Final destination demurrage could not be computed or invoiced until the Turkish Customs formally finalized the destruction/disposal of the Cargo in early 2026. Once the Terminal Disposal Certificate was issued, the total accrued demurrage automatically decoupled onto the Booked Party’s account, prompting the commercial lien in May 2026.
Oghere Ulype, Esq. (Dynamics Solicitors), Legal Counsel for Chuangxin, countered Maersk’s position: that”While maritime practice dictates that liability remains with the Shipper if title is not transferred, the Carrier owes a fiduciary duty of disclosure and mitigation to its commercial partners. Maersk explicitly promised in writing on December 1, 2022, to keep Chuangxin informed. To stay silent throughout 2023, 2024, and 2025, and suddenly slap a client with a $151,800 USD invoice in 2026 is commercially inequitable and breaches the principle of mutual mitigation of losses.”
Mr. Hassan Aminu (Assistant Chief Operations Officer, NSC) inquired whether the OBL was generated and withheld by the Shipper, or never printed. Maersk clarified that the Complainant never applied for its issuance.
Mrs. Obiageli Juliana Saka (Head, Complaints Unit – Designate) questioned Maersk’s risk-management approach, noting that since Chuangxin had been actively booking other shipments with Maersk between 2022 and 2026, the Carrier had ample opportunity to issue updates on the accumulating long-standing Container liability rather than letting it escalate for nearly four years.
Mrs. Jessica Dan (Operations Officer, NSC) emphasized that Cargo abandonment and destruction processes attract hefty municipal costs and Port storage fees. She suggested that while the Shipper bears initial liability, the NSC’s intervention must evaluate the equity of the Carrier’s lack of communication and seek a substantial waiver of the long-standing demurrage on compassionate and regulatory grounds.
Meeting Resolutions
Following a thorough review of the electronic trails, contract terms, and statutory maritime regulations, the Meeting reached and issued the following binding resolutions that:
- The NSC affirms the export of Container numbers MSKU8717924 and MRKU2068997 to Turkey via Maersk Line, identifying Chuangxin International Logistics Ltd as the legitimate Booked Party subject to the terms of Carriage.
- The NSC notes that the Cargo arrived at the destination on September 29, 2022, and the formal Cargo Abandonment Notice was served by the Complainant on November 30, 2022.
- The NSC affirms that Maersk Nigeria formally notified the Complainant that they had informed the destination Port desk to abandon the Cargo, and explicitly promised to keep Chuangxin abreast of any updates.
- The NSC notes that Maersk issued a $151,800 USD demurrage invoice in May 2026 and summarily enforced an administrative lien by blocking the Complainant’s account number NG00813619 without prior formal notice.
- Having evaluated the economic impact of the administrative freeze, the Council hereby directs Maersk Line Nigeria to permanently and unconditionally unblock Chuangxin’s operational account with immediate effect.
- The Council directs that Chuangxin International Logistics Ltd shall pay the demurrage accrued only for the period between October 6, 2022 (the expiration of the standard Container free days) and November 30, 2022 (the date the formal email abandonment notice was transmitted to Maersk). Maersk Line Nigeria shall bear all remaining long-standing demurrage liabilities accrued up to the 2026 final disposal date, due to its failure to update the client and mitigate commercial losses.
- The Complainant (Chuangxin) shall remain responsible for covering standard demurrage incurred on any new, unrelated shipments that accumulated charges during the two weeks their operational booking account was blocked.
- NSC strongly advises Maersk Line to review its operational communication systems and ensure clients are proactively updated regarding long-standing Cargo liabilities at foreign destinations to prevent future disputes.
- The NSC urges both Stakeholders to put this dispute behind them and maintain an amicable, collaborative commercial relationship moving forward.
