The Nigerian Shippers’ Council (NSC) convened a high-level tripartite mediation meeting to resolve a commercial impasse involving the Transmission Company of Nigeria (TCN), COSCO Shipping Lines Nigeria, and Samsung Heavy Industries/Mega Construction Investment (SHI/MCI) Terminals. The meeting was presided over by Dr. Bashir Ambi Mohammed, Head, Complaints Unit, who opened the session by commending Samsung Terminals for their commitment to the Alternative Dispute Resolution (ADR) process.
Speaking on behalf of the Executive Secretary/CEO, Akutah Pius Ukeyima, Esq., MON, FCILT, Ph.D, Dr. Ambi emphasized that the Council serves as a neutral Dispute Resolution Centre, the only specialized commercial mediation table in the Blue Economy sector authorized to intervene in maritime disputes to ensure trade facilitation and reminded all parties that non-compliance with the Council’s resolutions attracts enforcement under Port Economic Regulatory guidelines. He urged Stakeholders to maintain professional decorum, stressing that “no cargo means no port,” and the ultimate goal is a “win-win” resolution where all Stakeholders leave the table satisfied.
The crux of the matter as reported to the Council involves critical power equipment imported by TCN, with over ₦2 billion already paid in Customs duties. Despite the national importance of the Cargo, COSCO Shipping Nigeria exercised a possessory lien on the Consignments due to outstanding issues. Consequently, Samsung Terminals issued a storage invoice totaling ₦150,000,000.00 for the duration the Cargo remained at the terminal beyond the grace period.
Represented by Engr. Aluko Babatunde and Engr. Adegboyega Dare, TCN while informing the meeting acknowledged challenges with the Customs B. Odogwu platform throughout 2025, which hindered documentation. While TCN appealed for the release of the Break-Bulk Cargo on the grounds of national interest, they claimed COSCO refused release until previous outstanding shipments were settled. TCN argued that since the shipments were on separate Bills of Lading, the current Cargo should not have been detained. Ochijie O.C., TCN’s Executive Director of Finance, joined via Zoom and formally requested the Council to prevail on Samsung Terminals to grant a substantial storage waiver to expedite the release of equipment for the national grid.
Esther Uche and Asagwara Uche, representing COSCO Shipping Nigeria, countered that TCN had been repeatedly notified of overdue shipments and unreturned empty containers since August 2025. COSCO maintained they had utilized the joint NSC/TCN/COSCO communication platform to issue warnings regarding accruing demurrage, but no action was taken by TCN or its contractors. They asserted that the lien was exercised in accordance with the Terms and Conditions printed on the Bill of Lading.
Cyril Amaefule, General Manager, Operations for the Samsung Terminals, clarified their logistics framework. Operating out of the Ladol Free Trade Zone, Samsung provided a 30-day free storage period and free barge transfer to Inland Jetties (Standard Flour Mills and Kirikiri NPA Phase 2). While other Consignees cleared their goods within the window, TCN’s Cargo remained for an additional 27 days post-grace period. Amaefule noted that out of respect for the Federal Government and their existing partnership on FPO projects, Samsung had already applied a 40% discount, reducing the invoice from ₦150 million to ₦105,000,000.
Following extensive deliberations, critical analysis and review of all relevant documents the meeting reached these resolutions that:
1. For Verification of Shipment: The NSC confirmed the arrival and handling of TCN Project Cargo (Heavy Power Equipment) under Bill of Lading No. JXS87QDLOS01. The Consignment was carried by Cosco Shipping Lines and discharged at the Samsung Heavy Industries Terminal/Mega Construction Investment, Victoria Island, Lagos.
2. Liability for Storage Charges: Following three hours of technical review, the meeting determined that the initial Terminal Storage Charges totaling ₦150,508,443.59 accrued primarily due to a lien placed on the Cargo by Cosco Shipping Lines Nigeria.
3. For Concessionary Agreement: In the interest of fostering future commercial synergy, Samsung Heavy Industries/Mega Construction Investment Terminals accepted a settlement offer from TCN. SHI agreed to a 40% waiver/reduction on the contested storage amount, focusing on a baseline of ₦105,393,696.06.
4. Payment Terms: TCN is directed to pay the agreed sum of ₦60,203,377.44 (representing the 40% settlement figure) into the Samsung Terminals Zenith Bank Account Number: 1014337373. This payment must be remitted on or before 21st April, 2026, with formal evidence of payment forwarded to the NSC.
5. Regulatory Advisory on Liens: The NSC advised Cosco Shipping Lines Nigeria and other Maritime Service Providers to exercise restraint in placing liens on sensitive Project Cargo. Parties are urged to refer such disputes to the Regulatory Authority promptly to prevent the avoidable accumulation of demurrage and storage charges.
6. Pending Feedback on National Cargo: The Cosco Shipping Lines is required to provide a status update regarding other contentious National Project Cargoes to prevent further accrual of storage liabilities.
7. For Patronage and Partnership: The NSC encourages both TCN and Cosco Shipping Lines to continue utilizing Samsung Heavy Industries/Mega Construction Investment (SHI/MCI) Terminal’s specialized facilities for the importation and handling of heavy power equipment.
8. For Commercial Harmony: All parties are encouraged to maintain a collaborative professional relationship to ensure the seamless execution of national infrastructure projects.
