13 August 2026, The Nigerian Ports Economic Regulatory Agency (NPERA) has ordered Ness Shipping Limited to immediately release cargoes belonging to Two Floyem Pharmaceuticals and Chemical Limited and Starium Detergents FZE. The directive follows a tripartite mediation resolving disputes over cargo detention, evacuation protocols, and unauthorized daily charges.
The mediation was chaired by Dr. Mrs. Juliana O. Saka, Assistant Director and Head of NPERA’s Complaints Unit, on behalf of the Executive Secretary/CEO, Dr. Akutah Pius Ukeyima, MON, FCILT. Dr. Saka emphasized that NPERA acted as an impartial regulatory mediator, evaluating the disputes based on documentary evidence, contractual privity, and Port Economic Regulations. She noted that Ness Shipping Limited was not listed on NPERA’S database as a registered Maritime Service Provider, a status confirmed by Ness Shipping’s representative and referred for regulatory action.
Complaint 1: Two Floyem Pharmaceuticals & Chemical Ltd
- Cargo : 500 bags of Monosodium Glutamate (MSG) imported via M/V Chang Xing.
- Timeline : Berthed on 26 June 2026; discharge completed on 27 July 2026 at Niger Dock Terminal.
Case Handler Presentation: Ms. Oluwatoyin Ojo, Senior Operations Officer, Complaints Unit, NPERA, outlined the details of the complaint. She detailed the detention of the outstanding 216 bags at the terminal floor, clarifying that the dispute stemmed from the carrier agent’s refusal to release the remainder of the cargo following the partial evacuation of the original consignment
The Dispute : After Two Floyem evacuated 284 bags, Ness Shipping suspended the release of the remaining 216 bags, demanding a detention charge of $20,000 per day under instructions attributed to the carrier’s agent, alleging the consignee had caused vessel delay.
Representing Two Floyem, at the meeting Mr. Yusuf Saheed explained that cargo discharge operations were delayed due to carrier operational issues, including water-level constraints and adverse weather. Upon notification that the cargo was ready, Two Floyem dispatched trucks, but evacuation was blocked mid-operation by Ness Shipping.
Two Floyem protested the demand, arguing that there was no direct contractual relationship with the liner justifying the charge and the cargo had already been discharged to the terminal, where standard terminal handling and storage tariffs applied.
Complaint 2: Starium Detergents FZE
- Cargo : Approx. 3,000 metric tonnes of sodium sulphate imported via M/V ZH Chang Xing V.2603.
- Timeline : Arrived 23 June 2026; discharge completed between 1–2 August 2026.
- Case Handler Presentation: Ms. Jessica Nathaniel Dan, Operations Officer I, Complaints Unit, NPERA, presented the facts of the second complaint. She detailed the delayed discharge operations, the subsequent restrictions placed on cargo evacuation, and the demand for $40,000. She clarified to the meeting that the charge was presented pursuant to instructions attributed to the vessel’s carrier/principal, rather than being a tariff independently created by Ness Shipping as the Port agent.
- The Dispute : Following discharge, Ness Shipping presented a $40,000 demurrage/detention invoice ($20,000/day for two days) and halted cargo evacuation.
Starium’s representative noted that sodium sulphate is a critical raw material for their production lines. After receiving late notification of cargo availability, Starium mobilized trucks to the terminal. Evacuation was abruptly suspended by Ness Shipping pending settlement of the $40,000 invoice.
Starium contested the charge, requesting clarification on the contractual authority, accrual period, and legal basis for enforcing a $20,000/day rate against a consignee already subject to standard terminal tariffs.
Mr. Makinde Oluwamayowa, Shipping Manager for Ness Shipping Limited, stated that the company acted solely as a Port agent executing instructions from the principal liner/carrier. He noted that the cargo was intended for direct ship-side discharge onto trucks rather than storage on the terminal floor. To substantiate the demand, Ness Shipping presented a Charter Party Agreement containing a $20,000/day detention clause for failure to evacuate cargo within the stipulated period.
However, legal examination by NPERA officers, including Mr. Monima O. Peters (Legal Services) and Ms. Asmau Hassan Bello (Complaints Unit), highlighted a fundamental defect regarding privity of contract:
- Principle of Privity : The Charter Party Agreement was executed strictly between Ocean Vast Shipping (Charterer) and Rich Source Logistics (Liner). The consignees were not party to this charter party; their legal relationship with the carrier is governed solely by the Bill of Lading.
Following an evaluation of the charter party, bills of lading, and port regulations, the meeting reached the following resolutions that:
- NPERA affirmed that a business transaction existed between Starium Detergents FZE, Two Floyem Pharmaceuticals and Chemical Limited, and Ness Shipping Limited in connection with handling and release of the affected consignments
- NPERA affirmed that the Charter Party Agreement relied upon in the proceedings was entered into between Ocean Vast Shipping as Charterer and Rich Source Logistics, as Liner.
- Having examined the Charter Party Agreement, NPERA resolved that the $20,000-per-day detention charge applies strictly to the vessel charterer and cannot be transferred or enforced against end-consignees.
- Ness Shipping Limited must immediately release all detained cargoes to Two Floyem and Starium Detergents to prevent further accumulation of terminal storage and Port costs.
- Ness Shipping Limited must complete its registration with NPERA and formally file its commercial tariff framework within one month.
- NPERA urged all Parties to maintain their business relationship while ensuring future contracts of carriage, laytime provisions, and tariff structures comply with Nigerian port regulations. Key Takeaway
This resolutions provides vital regulatory clarity for Nigerian Port operations. It reaffirms that shipping lines and port agents cannot legally enforce charter party detention clauses against end-consignees operating under standard bills of lading, protecting importers from unauthorized financial liabilities.
