The Nigerian Shippers’ Council (NSC) recently convened a tripartite resolution meeting following a formal Complaint lodged by Christiana Logistics Limited (Complainant) against Hapag-Lloyd Nigeria Limited (Carrier). The dispute centers on the alleged wrongful assessment and collection of demurrage charges totaling ₦5,218,695.00 on Container number FANU3319718 under Bill of Lading (B/L) number HLCUTOR240315952.
The meeting proceedings were held at the General Services Department Meeting Room, 3rd Floor, NSC Headquarters. The session was chaired by Dr. Bashir Ambi Mohammed, Head Complaints Unit, on behalf of the Executive Secretary/CEO, Dr. Akutah Pius Ukeyima, Esq, MON, FCILT.
He delegated Barr. Asmau Hassan Bello to chair the meeting. She requested the Case Handler to presented the case brief.
Mubarak Abubakar informed the meeting that Hapag-Lloyd had offered a 50% waiver on accumulated demurrage charges, resulting in a final payment of ₦5,218,695.00 by the Complainant on August 26, 2025.
However, subsequent correspondence revealed a critical discrepancy: the Container had already been gazetted, auctioned, and discharged by the Nigeria Customs Service (NCS) as overtime Cargo in May 2025, several months prior to the demand and collection of the payment. The Complainant submitted all relevant payment receipts and correspondence, arguing that the billing was unlawful and demanding a full refund. The Complainant formally affirmed that this summary accurately reflected the facts.
When called upon to respond to the allegations, Mr. Charles Onuegbu of Hapag-Lloyd conceded to the facts but attributed the error to internal systemic friction. He explained that a lack of seamless inter-departmental communication and data synchronization within Hapag-Lloyd Nigeria led to the oversight, allowing the billing department to process payments for an asset that had already passed out of their custody via statutory auction.
Following a rigorous review of the shipping documents, manifest records, Customs correspondence, and oral submissions from both Parties, the meeting reached the following resolutions that:
- The Council affirmed that the 1X40FT Container (No. FANU3319718),and covered by Bill of Lading number: HLCUTOR240315952, arrived in Nigeria via Hapag-Lloyd Nigeria Shipping Ltd in June 2024 and was duly released to the designated Consignee, Kelechi Solomon Nnah, in August 2024.
- Hapag-Lloyd duly received an official auction allocation letter from the Nigeria Customs Service (NCS) in April 2025 allocating the same Container to an allotee, thereby legally notifying the Carrier that the Cargo had been disposed of statutorily.
- The Consignee (Kelechi Solomon Nnah) contacted the Shipping Line after the Cargo had been auctioned and was issued a demurrage bill of ₦10,000,000.00. Despite the Cargo being out of the Carrier’s possession due to the auction, the Consignee ended up paying a waived sum of ₦5,218,695.00 to the Shipping Line.
- The Nigerian Shippers’ Council hereby mandates Hapag-Lloyd to refund the exact sum of ₦5,218,695.00 paid as demurrage on the already auctioned Container to the Consignee. Remittance must be executed on or before end of the Month of June, 2026, and evidence of the refund must be forwarded to the NSC.
- The Council notes that in line with Section 30, Subsection 1 of the Nigeria Customs Act, the auctioning of overtime Cargo by the government is statutory and legally binding.
- The Nigerian Shippers’ Council emphasizes that it will not hesitate to deploy strict regulatory sanctions against Hapag-Lloyd Nigeria Limited in the event of any disregard or non-compliance with this directive.
- The Nigerian Shippers’ Council strongly urged both parties to maintain an amicable, professional, and cooperative business relationship.
