In a concerted effort to foster regulatory alignment and operational efficiency, a delegation from the Nigerian Ports Economic Regulatory Agency (NPERA) conducted an advocacy visit to APM Terminals Apapa (APMT). The engagement focused on strengthening institutional relations, optimizing complaint-handling mechanisms, and addressing critical industry bottlenecks such as demurrage management and container detentions.
The meeting commenced with the rendition of the National Anthem, followed by opening remarks from Mrs. Afolabi, (ACOO) who noted that the visit was designed to reinforce the strategic partnership between NPERA and APMT and formally introduce Dr. (Mrs) Juliana Saka as the new Head of the Complaints Unit. The delegations were received on behalf of APMT by Mrs. Chineye Deinde, Esq., Legal Manager.
Key Discussions and Stakeholder Alignment
1. Routine Regulatory Oversight and Impartiality
Addressing the delegation, the Head, Complaints Unit, Dr. Saka clarified that NPERA’s quarterly stakeholder engagements are standard operating procedure aimed at tracking industry trends and reviewing active disputes. “Such engagements form part of NPERA’s routine regulatory responsibilities and should not be interpreted as an indication of wrongdoing by any Service Provider,” she emphasized, reaffirming the Agency’s commitment to due diligence and objective assessments before escalating any grievances.
2. Terminal Customer Service and Grievance Redress Mechanisms
Outlining APMT’s customer-centric strategies, Mrs. Yinka, Customer Relations Manager, explained that the terminal maintains active dialogue with beneficial Cargo Owners (Importers and Exporters), Shipping Lines, Barge Operators, and Logistics Providers to capture actionable feedback.
- Mrs. Chineye Deinde added that APMT collaborates closely with relevant government agencies when operational hurdles require external intervention, citing specific coordination cases like that of B. Odugwu and NSW.
3. Capacity Building via Terminal Internships
To bridge the gap between regulatory oversight and terminal-level realities, the Head, Complaints Unit proposed a one-week operational internship programme at APMT for NPERA Complaints Unit personnel. The initiative is intended to grant regulators hands-on exposure to gate automation, yard stacking, dwell times, and internal terminal operating systems (TOS), thereby facilitating more informed and equitable dispute resolutions.
4. Clarification on Law Enforcement and Container Detentions
Mrs. Deinde sought regulatory clarification regarding NPERA’s recent policy shift to discontinue direct interventions in cases involving containers blocked or detained by the Maritime Police.
- Explaining the rationale, Dr. Saka stated that while NPERA historically intervened to expedite Cargo release and mitigate Port congestion, petitions submitted by Industry Stakeholders to high-level executive bodies, including the Secretary to the Government of the Federation, the Minister of Marine and Blue Economy, the Ministry of Justice, and the Attorney-General of the Federation, falsely accused the Agency of complicity in police detentions, necessitating a formal withdrawal from direct enforcement interventions in law enforcement cases will cease, and all such matters should be escalated to Customs.
5.Optimizing DigitalComplaint Channels
APMT raised concerns regarding Port Users bypassing the terminal’s dedicated online Customer Service Portal and escalating issues directly to NPERA prematurely.
Mrs. Deinde requested regulatory backing to enforce the exhaustion of internal terminal dispute resolution procedures first, ensuring NPERA only intervenes as an appellate regulatory body when internal mechanisms fail to yield a resolution.
6. Demurrage Waivers and Long-Standing Containers
The terminal management highlighted the heavy financial liabilities incurred when importers abandon containers in the yard for months, or in some cases, over a year, subsequently demanding steep demurrage waivers of 80% to 100%. Mrs. Deinde noted that when such waiver requests are declined under strict terminal tariff policies, customers occasionally threaten forced auctions, a scenario where the terminal often recovers only a fraction (approximately 25%) of the accrued storage and handling charges.
- Responding to these concerns, Dr. Saka clarified that NPERA assesses waiver petitions strictly on a case-by-case basis. She noted that exceptional circumstances, such as containers discharged at erroneous ports or terminals contrary to the governing Bill of Lading, may warrant regulatory mediation.
- Furthermore, she advised that Cargo Owners seeking financial relief on compassionate grounds should formally petition the respective Carrier (Shipping Line), copying NPERA strictly for audit and tracking purposes. She underscored that NPERA does not compel terminal operators to grant commercial waivers, and threats of Cargo abandonment or auctioning do not constitute valid grounds for priority regulatory intervention.
The visit concluded with both institutions committing to sustained cooperation, transparent communication, and enhanced operational synergy. The proposed staff internship programme was endorsed as a vital step toward cultivating a deeper technical understanding of Container Terminal Logistics, ultimately fostering a more competitive, frictionless, and accountable maritime business environment in Nigeria.
