Following the introduction of the attending parties, Dr. Bashir Ambi Mohammed, Head, Complaints Unit, welcomed participants on behalf of the Executive Secretary/CEO of the NSC, Akutah Pius Ukeyima, Esq, MON, FCILT, Ph.D. Dr. Ambi clarified that while the Council is not a constitutional court, it serves as the sole recognized maritime and commercial shipping dispute resolution body under the Ministry of Marine and Blue Economy. He emphasized the Council’s decades-long history of mediating industry-related commercial disputes, noting that criminal matters are strictly referred to courts of competent jurisdiction. He appealed for decorum, warning that the Council would enforce regulations against any “recalcitrant operator” failing to abide by the mediation’s resolutions. During the session, he also introduced Mrs. Juliana Obiageli Saka as the Assistant Director and Head of Complaints (Designate). The meeting was held at Complaints Unit Meeting Room, 1st Floor, B-Wing, Nigerian Shippers’ Council, Head Office, Apapa Lagos.
Oluwatoyin Ojo, the presiding case handler, presented the overview. The Council received a complaint from Agama Lafiya Livestock Farms alleging “container diversion.” The complainant claimed they were being prevented from taking delivery of Container No. GCXU5818883, which had been statutorily allocated to them via a Nigeria Customs Service (NCS) auction. Despite completing formalities at the APM Terminals (APMT), the box was transferred to Mainland Bonded Terminal, Iddo. The NSC intervened by requesting APMT to place a “hold” on the unit until the dispute was settled.
Representing the allottee were A. Abubakar, Frank Alaku, and Lucky Egbeiye (the Clearing Agent). They argued that:
- The box was legally allocated by the NCS, and import duties of ₦2 million were paid following the opening of an “Overtime File” at the Apapa CPC.
- Logistical delays occurred due to a temporary lack of funds, leading to a “swap agreement” with Maersk Line totaling ₦1.7 million to secure the Delivery Order (DO).
- Upon attempting to take delivery at APMT, they discovered the box had been transferred to Mainland Bonded Terminal, a facility they claimed was previously unknown to them.
- Initial attempts to locate the box were met with denials until Customs officials confirmed its presence at the bonded facility.
Mr. Olahide Fowosire (Founder) and Oyinkan Akangbe (Executive Director, Operations) represented Mainland Bonded Terminal. They countered that:
- Mainland is a duly licensed bonded terminal acting as a nominated facility for Maersk Line’s overtime cargoes under a formal Memorandum of Understanding (MoU).
- The transfer process involved a tripartite agreement between NPA, APMT, and Maersk Line, where the Nigerian Ports Authority (NPA) collects the TDOs for evacuation.
- Mr. Fowosire expressed suspicion regarding the allottee’s documents, noting the auction papers were dated November 2025 and stipulated a 10-day evacuation window. He argued that appearing in April 2026 suggested the papers had lapsed.
- He emphasized that internal security protocols, including video-recorded examinations are mandatory to prevent the movement of illicit goods.
Mrs. Juliana Saka provided expert guidance, noting that while Mainland Bonded Terminal’s adherence to internal security and contractual protocols was commendable, it did not override statutory Customs releases. She observed that once the original allottee presented authentic allocation documents verified by the Customs release desk, the terminal had a commercial obligation to facilitate the exit of the cargo.
Resolutions of the Meeting
After extensive deliberations, the meeting reached the following resolutions:
1. Affirmation of Transfer: The NSC confirms that the auctioned container was legally transferred to Mainland Bonded Terminal under existing overtime cargo protocols.
2. Validation of Protocol: The actions taken by Mainland Bonded Terminal were found to be in alignment with their safeguarding agreements with APMT and Maersk Line Nigeria.
3. Order of Release: Mainland Bonded Terminal is directed to release the container upon sighting the previous TDO and proof of payment. This must be concluded by the close of business on Monday, 4th May, 2026, with evidence shared with the Council.
4. Mandatory Registration: Both Agama Lafiya Livestock Farms and Mainland Bonded Terminal are strictly advised to register as stakeholders with the Nigerian Shippers’ Council by May 15, 2026.
5. Digital Visibility: Mainland Bonded Terminal is tasked with upgrading its website to be user-friendly, ensuring functional contact numbers and email addresses are available for public inquiry.
6. Future Cooperation: Agama Lafiya Livestock Farms (the Complainant) is advised to prioritize Mainland Bonded Terminal in future logistics engagements to foster professional synergy.
The Council commended the parties for their cooperation in reaching a seamless resolution.
