NCJTFLCA ACCUSES SHIPPING COMPANIES OF CONTINUED EXTORTION OF IMPORTERS AND AGENTS
By Mcanthony Onuoha
The National Compliance Joint Taskforce of Licensed Clearing Agents- NCJTFLCA, has accused shipping companies of continued extortion of importers and their agents.
During a telephone interview with The Prestige Blended Magazine over the weekend, the group’s President, Dr. Basil Chudi Nwolisa, said that the impunity and high-handedness that have characterized the operations and services of shipping companies in Nigeria was becoming increasingly worrisome, and was no longer acceptable.
He appealed to shipping companies to end all sorts of unprofessional practices including extortion of importers and their agents, saying that their shenanigans would no longer be allowed to slide as usual. According to Nwolisa, ” we have been taken for fools for a very long time, to the extent that these people are now seeing us as dullards who do not know our onions. This is 2025, and the NCJTFLCA is not going to allow them to continue having their ways. If Nigerian Shipper’s Council won’t do its job as Ports Economic Regulator, and do it very well, by calling shipping companies to order, mandating them to be professional and law abiding, we will not fold our hands and continue to watch them milk us to death.”
“Most of them are agents to vessels, and not vessel owners, how can shipping companies be collecting demurrage charges for consignments that are still in terminals and warehouses of terminal operators. This is the worst form of extortion in the history of cargo business globally.”
“The shipping lines are not entitled to such charges, like container deposits, demurrage or other charges. You can not be collecting revenue on consignments that not in your custody. This is an aberration and must stop.”
According to Nwolisa, ” it is sad that the Nigeria Ports Authority (NPA) and Nigerian Shipper’s Council (NSC) are looking the other way while this reckless extortion continued.”
“As a matter of fact, shipping companies are not entitled to collect demurrage charges on consignments in the terminals and warehouses of terminal operators. And these are key reasons why they should not:
Collecting demurrage for both shipping company and the terminal operator for the same consignment would mean double charging, which is grossly unfair to the consignee. Again, the contractual agreement between the shipping company and the consignee, typically outlines the responsibilities and liabilities for demurrage charges if the shipping company has already transferred the container to the terminal operator’s custody, they may not be entitled to collect demurrage charges.”
“Terminal operators usually have their own Tariff and contractual agreements with consignees, which outline their liability for demurrage charges. If the terminal is already charging demurrage fees, the shipping company may not have a legitimate claim.”
” In exceptional circumstances such as Specific Contractual Provisions, if the contractual agreement between the shipping company and the consignee explicitly states that the shipping company is entitled to collect demurrage charges, even if the container is in the terminal operator’s custody. We also have Terminal Operator’s Failure, and that is if the terminal operator fails to provide adequate storage facilities or services, leading to additional costs or delays, the shipping company might be entitled to claim demurrage charges.”
“Nevertheless, l want to unequivocally reiterate that shipping companies are generally not entitled to collect demurrage charges on the same consignment in the terminals and warehouses of terminal operators at the same time, as this amounts to double charging which is extortion. However, only exceptional circumstances such as specific contractual provisions or terminal operator’s failure, are the only ways such claims might be justified,” Nwolisa stated.
