The Nigerian Shippers’ Council (NSC) convened a tripartite dispute resolution meeting between BUA Cement Plc and ENL Consortium Limited to address a complaint arising from the alleged misapplication of terminal tariff rates. The meeting was held at the Complaints Unit Meeting Room, 1st Floor, B-Wing, 4, Otunba Ayodele Soyode, Parklane, Apapa GRA, Lagos. Headquarters of the Nigerian Shippers’ Council.
The meeting commenced with introductions, after which the Head, Complaints Unit, Dr. Bashir Ambi Mohammed, acting on behalf of the Executive Secretary/CEO, Akutah Pius Ukeyima, Esq., MON, FCILT, FCIOTA, PhD, formally welcomed all parties.
Dr. Ambi clarified that the Council’s Complaints Unit is not a court of law, but a certified alternative dispute resolution (ADR) platform within the Marine and Blue Economy Sector. He emphasized that: The Council has successfully resolved maritime and shipping disputes for over two decades. The intervention is aimed at trade facilitation, regulatory compliance, and harmonious commercial relationships. Deliberations would be strictly document-driven, devoid of interruptions or inappropriate language. All parties are expected to fully comply with the resolutions reached.
In line with the Council’s Succession Planning Framework, Mrs. Mary Afolabi Funmilola (POO) was nominated to chair the meeting. The case handler, Mr. Yahaya Abdullahi Wachiko, presented an overview of the complaint, informing the meeting that the Council received a formal petition from BUA Cement Plc concerning terminal charges imposed by ENL Consortium Limited.
Shipment Details
- Vessel: MV MONICA D
- Voyage No.: AP23/751
- Cargo Type: General Cargo
- Bills of Lading: NJM2302LYGLGS123 – 2 Packages, 83 CBM (Electric Motor)
- NJM2302LYGLGS124 – 5 Packages, 155 CBM (Machinery and Spare Parts)
- Cargo Arrival: 2023
BUA Cement Plc alleged that ENL Consortium Limited retroactively applied newly approved tariff rates to cargo already under terminal custody prior to the effective date of the new tariff regime, resulting in:
Prolonged cargo dwell time,
Accumulation of excessive rent and demurrage charges, Multiple written correspondences acknowledged but not acted upon, Unsuccessful attempts to obtain management-level resolution. The complainant therefore sought the intervention of the Nigerian Shippers’ Council. Yahaya further clarified that while the Council ensures compliance with approved tariff frameworks, commercial waivers, rebates, or concessions remain at the discretion of service providers unless expressly regulated.
Speaking for BUA Cement Plc, Mr. Abubakar Abdullahi (Field Officer) stated that
delays in cargo clearance arose primarily from Customs-related issues. Requests were made to ENL Consortium Limited for either waivers or application of the old tariff rate applicable at the time of cargo arrival. Despite multiple letters and meetings, including engagements with senior executives, no remedial action was taken, while charges continued to accrue. The absence of resolution necessitated escalation to the Nigerian Shippers’ Council.
Other BUA representatives in attendance included
Okpellemuemeh O. Maxwell (Assistant Manager)
Naziru Abubakar (SEC LLO)
Oyekanmi R. Abimbola (Field Officer)
Representing ENL Consortium Limited were Mrs. Ehilabor Vivian (Commercial Manager)
Mrs. Itoya Rhoda (Assistant Commercial Manager). They stated that following the Council-approved tariff review meeting held in October 2023, ENL sought clarification on the implementation timeline.
They were advised that the old tariff would apply up to part of October 2023, and
the new tariff would take effect from 25 October 2023. Accordingly, the tariff was implemented based on this guidance.
Dr. Bashir Ambi clarified that although the tariff adjustment was duly published and communicated to stakeholders, the cargo in dispute had arrived and remained in terminal custody well before the new tariff regime, making retroactive application inappropriate.
Mrs. Itoya Rhoda further noted that previous waiver requests submitted by BUA Cement Plc lacked sufficient shipment particulars for proper assessment, and she affirmed that ENL Consortium Limited would comply with the Council’s resolutions.
After extensive deliberation, oral submissions, and a thorough review of all documentary evidence presented, the meeting reached the following resolutions that:
- The Council affirmed the existence of valid commercial relationships between BUA Cement Plc and ENL Consortium Limited.
- Based on documentary evidence, the Council resolved that the affected Consignments fall within the old approved tariff window. Accordingly, ENL Consortium Limited shall issue invoices to BUA Cement Plc using the old tariff rate.
- ENL Consortium Limited is to issue the revised invoices based on the old tariff on or before end of December 2025.
- ENL Consortium Limited was advised to respond promptly and consistently to customer correspondence, in line with acceptable commercial and customer service standards.
- Upon receipt of the revised invoices, BUA Cement Plc shall settle all outstanding charges on or before 30th of December 2025 and provide the Nigerian Shippers’ Council with evidence of payment.
- ENL Consortium Limited shall not apply any terminal charges for the period 22 November 2023 to 12 July 2024, being the period during which multiple correspondences from the complainant were received and acknowledged without response.
- ENL Consortium Limited is, however, entitled to apply charges for the period 13 July 2024 to 14 December 2025, being the date the Council formally received the complaint.
- The Council commended both parties for their cooperation and encouraged the sustenance of a transparent, responsive, and mutually beneficial commercial relationship going forward.
ENL Consortium Limited:
“We will comply fully with all the resolutions of the Nigerian Shippers’ Council.”
BUA Cement Plc:
“We express our immense appreciation to the Nigerian Shippers’ Council for this timely and fair intervention.”
