…. Our immense gratitude to NSC for stabilizing the trade space in Nigeria…Shipping Company
… Please help me I am under troubling pressure…Clearing Agent
The Nigerian Shippers’ Council (NSC) has successfully mediated a dispute over the non-return of Containers between the Shipping Giant CMA-CGM and a local Customs Licensed Clearing Agent, Lawal Qudus Agency. The resolution, reached after extensive negotiations chaired by Dr. Bashir Ambi, Head, Complaints Unit, establishes a structured, Five-Month installment plan for the agent to settle outstanding demurrage and Lease Fees for Containers that remained unreturned for over 779 days, with one box reported as missing.
The case was brought to the Council after CMA-CGM formally complained about the protracted delay in the return of their equipment by Chinaetugo Nigeria Ltd., a Company whose name was reportedly used by Mr. Lawal Qudus for the transaction. Qudus confirmed using the boxes for inland freight forwarding and disclosed that one Container had been misplaced, a matter he reported to the Police.
CMA-CGM expressed dissatisfaction, claiming they were unaware of the Police case and criticizing the agent for not declaring the Container missing sooner. The Shipping Line firmly demanded either the physical return of the boxes or immediate payment of the accrued demurrage and Lease Fees, stressing that they were not the legal owners of the equipment.
Qudus accepted liability and requested the Five-Month payment grace period due to financial difficulties.
Key Consensus and Commitment
Following deliberations the parties agreed to a structured payment schedule. Lawal Qudus Agency acknowledged receipt and non-return of the container and accepted financial responsibility for the outstanding charges. The final agreement sets out the following payment timeline for the demurrage and lease fees:
- First Installment: On or before November 30, 2025
- Second Installment: On or before January 30, 2026
- Final Installment: On or before March 30, 2026
- CMA-CGM consented to the arrangement, contingent upon Qudus submitting a formal letter of commitment. Final Resolutions Following exhaustive deliberations and a review of all supporting documents guided by the principles of Alternative Dispute Resolution (ADR), the following resolutions were reached that:
- Lawal Qudus Agency affirmed that he received the container in question and agreed that the box remains unreturned.
- Lawal Qudus informed the NSC that he had already reported the matter to the Police for investigation. The NSC acknowledged this information but faulted him for not communicating this development earlier to the Shipping Company.
- The NSC agreed that Lawal Qudus shall pay the outstanding demurrage charges, covering the period until March 30th, within five (5) months from the date of this resolution and the Council must be copied with all evidence of payment for record purposes.
- Any deviation from Resolution No. 3 will leave the NSC with no option but to sanction Lawal Qudus Agency.
- CMA-CGM is to furnish the Council with the current amount of Detention on the unit to facilitate monitoring and ensure compliance.
- For the sake of promoting trade facilitation, CMA-CGM may consider granting a limited concession to Lawal Qudus, at the Council’s request, provided that he adheres strictly to the agreed payment plan.
- In the event of non-compliance with these resolutions or further deviation from agreed timelines, the NSC shall be at liberty to initiate appropriate sanctions against Lawal Qudus and his agency, including possible suspension from Customer Service privileges.
The Council thanked all parties for their cooperation and reaffirmed its continued dedication to ensuring transparency, accountability and peaceful dispute resolution in Maritime Trade and Commercial Shipping Operations.
