Maritime
Nigerian Shippers’ Council lacks powers to reverse shipping charges- Ilogu
LAGOS-The Federal High Court sitting in Ikoyi, Lagos on Tuesday fixed December 17 for judgment in the suit filed by the Association of Shipping Line Agencies (ASLA) against the Nigerian Shippers Council over reversal of shipping
charges.
The presiding judge, Justice Ibrahim Buba had adjourned the case for ruling after the parties including the Shippers Association of Lagos State (SALS) presented and concluded their arguments.
In his submission, Counsel to ASLA, Mr. Chidi Ilogu argued that no powers been conferred statutorily on the NSC as an interim port regulator to reverse port charges.
He said that the Council cannot justify its action on the purported directive by the Minister of Transport to act in full capacity as an economic regulator.
According to him, there is no amendment to the NSC act till date, hence it cannot enforce and does not have the power to review port charges.
He also pointed out that the defendant also failed to consult and conclude ongoing negotiations with the plaintiff before coming up with the notice it published on Wednesday 28th October to reverse shipping agencies charges.
He said, “They should go and complete the ongoing negotiations. They can’t come and publish something in the press without completing the exercise. That is the law.”
He therefore prayed that the court disregard the notice and declare it null and void.
But counsel to the NSC, Emeka Akabogu urged the court to discountenance the claim of the plaintiffs that the NSC does not have the powers to reverse port charges.
He said the NSC as an agency of government is subject to the Ministry of Transport hence the presidential directive through the ministry that the NSC performs the statutorily regulatory role at the port in the interim is sufficient for the council to issue the notice it filed and has the full capacity to act as an economic regulator.
He said the NSC issuing the notice acted validly in line with the powers conferred on it.
He also noted that based on the 2001 memorandum of understanding between the NSC, Nigerian Port Authority (NPA), shipping companies and shippers , there is no charge known as shipping line agencies charges hence its introduction thereafter by the shipping agencies is illegal.
He said according to the MOU, the parties are not allowed to introduce any other type of charges outside those agreed by the parties involved.
“To the extent that the plaintiffs without concrete agreement by the first, second defendants or any of the other parties went ahead to introduce shipping line agencies charges means they are in breach of that agreement hence that type of charge is illegal,” he said.
He therefore urged the court to strike out in its entirety the case of the plaintiff.
On his part, Counsel to SALS, OsualaNwagbara also argued that the shipping line agencies charges are illegal. He said that the shippers’ association did not at any point in time agree to have shipping line agencies charges introduced within the Nigerian shipping community.
“Any such introduction is not only illegal but unacceptable. No importer should be asked to pay for services which the agent is supposed to collect from his principal and which in fact have been paid.
“We are saying that it is not a charge known anywhere in the world because the principal is supposed to pay his agents. It is not for a third party who uses the services of the principal to pay the services of the agent rendered to the principal except there is a clear agreement to that effect between the third party and the principal.
“So, once freight is paid by an importer to an ocean transporter, included in that are picking up the cargo from the port of loading, discharging it at the point of discharge and releasing the cargo which is what the agent does on behalf of the principal,” he said.
He prayed that the court adopt all the processes filed by the second defendant and dismiss the originating summon of the plaintiffs.
The Honourable Minister of Marine and Blue Economy, Adegboyega Oyetola has deposited three Instruments of Accession to IMO Conventions signed by President Bola Ahmed Tinubu with the global body.
He did so on Tuesday, at the headquarters of the International Maritime Organization (IMO), which acts as the repository for these conventions.
This move, coming a few weeks after Nigeria declared its intention to contest election for a seat on the IMO Council, is expected to enhance Nigeria’s maritime governance and align its practices with international standards, promoting maritime safety, security, and environmental protection.
Shortly after the presentation ceremonies, Oyetola informed the IMO Secretary General, Arsenio Dominguez, of the President’s commitment to ensuring that Nigeria aligns with international maritime standards regarding maritime safety, security, and sustainable marine practices.
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He also called on the IMO to extend technical support to Nigeria.
In his words, “These instruments, duly acceded by His Excellency, the President of the Federal Republic of Nigeria, signify Nigeria’s continued commitment to aligning with international maritime standards, ensuring maritime safety and security, and promoting sustainable marine practices.
“We hereby request tailored technical cooperation under the Integrated Technical Cooperation Programme (ITCP) to enhance Nigeria’s compliance with IMO conventions and improve our maritime governance and implementation of the instruments we submitted today.”
On his part, Dominguez, acknowledged with appreciation the formal deposition of the Instruments of Accession, stating that it underscores Nigeria’s steadfast commitment to aligning with global maritime standards.
“I congratulate Nigeria for its exceptional efforts in acceding to these six critical IMO instruments. I encourage continued momentum by securing presidential assent to additional key conventions. We at the IMO remains fully committed to supporting Nigeria through technical cooperation and capacity-building initiatives to ensure the successful implementation of these instruments,” he stated.
The instruments Oyetola handed over to Dominguez include the instrument of accession to the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (SUA Protocol 2005), the instrument of accession to the International Convention on Standards of Training, Certification, and Watchkeeping for Fishing Vessel Personnel (STCW-F), and the instrument of accession to the Protocol Relating to Intervention on the High Seas in Cases of Pollution by Substances Other Than Oil (Intervention Protocol 1973).
It was gathered that three other Instruments of Accession signed by President Tinubu are undergoing further steps to complete the processes for their deposit.
Funds accrued under the Cabotage Vessel Financing Fund (CVFF) are intact and currently held with the Central Bank of Nigeria (CBN) under the Single Treasury Account (TSA).
This assertion was made by the Nigerian Maritime Administration and Safety Agency (NIMASA), in a statement in Lagos on Tuesday.
The clarification became necessary to address “a misleading publication alleging that funds have disappeared from the CVFF account”.
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The statement reads, in part, “The report of a missing money is both misleading and false.
“For the record, the Cabotage Vessel Financing Fund, securely held in the NIMASA account at the Central Bank of Nigeria (CBN), remains intact. There has been no disappearance of funds, and no illegal transactions, as the article suggests. This misinformation is a figment of the authors imagination, aimed at undermining NIMASA’s integrity, and mislead the public about the Agency’s operations.
“The Management of NIMASA will ensure that the CVFF is utilised in line with its statutory purpose. NIMASA Director General, Dr Mobereola has assured stakeholders of the safety of funds under the CVFF.”
The statement cited the DG thus, “Let us be clear that the CVFF account at the Central Bank of Nigeria is safe, intact, and secure. We at NIMASA will continue to manage it with the utmost responsibility, and there are no irregularities or illegal activities surrounding the funds. I urge the public to disregard this false narrative and to continue trusting the Agency’s ability to uphold the integrity of Nigeria’s maritime sector”.
It was gathered that the CVFF is a fund established under section 42 of the Coastal and Inland Shipping (Cabotage) Act 2003 to promote the development of indigenous ship acquisition capacity and to provide credit facilities to local maritime operators.
The NIMASA, assured of its commitment “to transparency, accountability, and the advancement of Nigeria’s maritime sector.”
Edo State Governor, Senator Monday Okpebholo appears eager to deliver the dividends of democracy to his constituents.
This is discernible from the frenzy of activities being witnessed in his first few days on the job, including dissolution of boards, constitution of investigative panels, flagging off of infrastructure projects, among others.
In the bid to address the perennial road traffic congestion negatively impacting economic and social activities in Benin City, the state capital, Gov Okpebholo on Wednesday flagged off the construction of a flyover bridge.
Biztellers reports that the flyover bridge around the popular Ramat Park in the city centre is the first of such in the history of Edo State.
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The Edo State Government made the disclosure in its verified handle on micro-blogging site, X, on Wednesday.
It wrote, “Traffic decongestion: Gov Okpebholo flags off first flyover in Edo.
“Edo State Governor, Sen. Monday Okpebholo has flagged off the construction of a flyover bridge at Ramat Park, Benin City, the State Capital, as part of immediate efforts to reduce traffic congestion in the city.”
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