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Nigerian Shippers’ Council lacks powers to reverse shipping charges- Ilogu

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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 shipping11 vessels arrive in Lagos ports with petroleum products 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.

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Maritime

NIMASA DG, Mobereola Assures Maritime Stakeholders Of Inclusivity

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The Director General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Dr. Dayo Mobereola has assured stakeholders in the Nigerian maritime sector of inclusivity, towards the development of the sector.

He made this assertion during an interactive session with maritime stakeholders in Lagos, where he also pointed out that President Bola Ahmed Tinubu through the Federal Ministry of Marine and Blue Economy had ureged stakeholders to partner with the Government in developing the sector.

Dr Mobereola said, “It is important that we develop clear objectives, goals, and strategies to advance the industry and align with the vision of the President of the Federal Republic of Nigeria and the Minister of Marine and Blue Economy.

“While the Agency will continue to play its part in serving the industry, it is important that we all collaborate to achieve a sustainable maritime sector, as all efforts should be inclusive and collective.”

The Director General seized the opportunity to reassure shipowners on the Agency’s commitment to expediting the automation of the ship registry, a move, which would significantly boost shipping development in Nigeria by enhancing efficiency and streamlining processes.

Earlier in his, welcome address, Captain Iheanacho, a former Nigerian Minister of Interior and chairman of the occasion, expressed the industry’s delight at the appointment of Mobereola, whom he described as a seasoned and accomplished maritime professional.

He noted that Mobereola’s extensive experience and expertise will be invaluable in driving the administration and development of the Nigerian maritime industry forward.

He expressed optimism that under the current leadership of the Agency, Nigeria would make significant strides in promoting ship safety, shipping development, maritime security, and environmental sustainability in our waters.

He noted that Mobereola’s dedication to capacity building will undoubtedly position Nigeria as a key player in the global maritime industry.

He added that stakeholders are willing to collaborate with the DG to move the sector forward.

“We expect the DG to be fully aware of the impact of technological developments in the Marine and Blue Economy industry, to guide in the formulation of policies to be developed. We look forward to working together with you to address the challenges ahead and to seize the opportunities that lie before us”, Iheanacho said.

Captain Iheanacho acknowledged the hard work, resilience and determination of past Directors-General and other stakeholders who were present, noting that their commitments contributed to the robust framework from which the Agency and the maritime industry at large are benefiting.

In his presentation titled; Marine and Blue Economy: Navigating to the Promised Land, Dr. Akabogu, a maritime lawyer, proposed various reforms including policy and agenda verification, enhanced data and technology utilization, minimum industry standards, deliberate recruitment of professionals, empowerment protocols, development of standard shipping development courses, and accountability measures for NIMASA and the industry as a whole. He emphasized the need for routine meetings based on clear identifiable milestones to drive accountability and progress for the sector.

On her part, Princess Vicky Haastrup, the President of the Seaport Terminal Operators Association of Nigeria (STOAN), emphasized the critical importance of dockworkers in the industry. “Where there are no dockworkers, there are no ships”, she said.  Therefore, the training of dockworkers is very critical.

Comrade Adewale Adeyanju, the President General of the Nigerian Maritime Workers Union (MWUN), who supported Haastrup’s position, emphasized the importance of continually training dockworkers and ensuring a decent work agenda, in line with the Maritime Labour Convention (MLC) 2006.

Alhaji Aminu Umar, who spoke on behalf of the Ship Owners Association of Nigeria, emphasized the need for further discussions and interactions regarding the International advancements in the maritime industry. He urged the Director-General to consider the independence of the Ship Registry as observed in other maritime countries.

The various women’s associations in the industry; WISTA, WIMOWCA, WILAT, who were represented by Mrs. Tosan Emore-Edodo advocated for increased participation of women in the industry and called for support in promoting advocacy efforts.

Past Directors General of NIMASA who attended the event; Dr. Ade Dosunmu, Architect Ferdinand Agu, Barrister Temisan Omatseye; as well as former Board Chairman of NIMASA, Tijjani Ramalan, all pledged their support for the current administration.

The Flag Officer Commanding (FOC) Western Naval Command, Rear Admiral Mustapha Hassan, was also present at the event, which had representation from the Nigerian Maritime Law Association (NMLA), Association of Master Mariners, Ship Building and Ship Repair Association, among others.

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IMO Secretary General Congratulates NIMASA DG, Assures Support

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The Secretary General of the International Maritime Organisation (IMO), Arsenio Dominguez has congratulated the Director General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Dr. Dayo Mobereola on his appointment by President Bola Ahmed Tinubu, GCFR.

This was contained in a conveyance letter he personally signed, in which he acknowledged the strides of the Agency in building a robust maritime sector in Nigeria.

According to Dominguez, the IMO commends the significant effort, initiatives, and investment that Nigeria has made in strengthening its maritime institutions.

In the words of Dominguez, “the focus on strengthening maritime law enforcement and security architecture has been welcomed by seafarers and flag States. The Deep Blue project and the C4i Centre as well as maritime piracy laws under the SPOMO Act are just some of the many investments that have set a new gold standard in the region in maritime security capacity building.

“IMO has long supported the regional role of the Yaoundé Code of Conduct and its Member States in strengthening maritime security and law enforcement. In this respect, we have been greatly encouraged with the continuation of this regional ownership with the formation and work of the Gulf of Guinea Maritime Collaboration Forum and Shared Awareness and De-confliction (GoG-MCF/SHADE) in 2021”.

He commended the Agency’s partnership with the various regional bodies, and expressed readiness of the IMO to work with Nigeria and other member states on many maritime issues with the aim of jointly tackling these issues.

“NIMASA’s partnership with the Interregional Coordination Centre (ICC) and the collaboration with the shipping industry, navies and the Yaoundé architecture has been instrumental in suppressing the threat of piracy to merchant vessels and seafarers in line with UN Security Council resolution 2634 (2022) on piracy and armed robbery in the Gulf of Guinea and IMO Assembly resolution A.1159 (32).

“I look forward to working with you and your colleagues on many of the maritime issues that we are jointly tackling and hope to welcome you in person at the IMO,” he added.

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New NIMASA DG Promises Purpose-Driven Organisation, Effective Communication

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The newly appointed Director General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Dr. Dayo Mobereola says the Agency’s Management under his leadership will build a purpose driven organisation.

He also promised prioritising effective communication at all levels to enhance innovation, collaboration and synergy.

Biztellers reports that he made the assertion in his maiden address on his assumption of duty, where he also noted that the Agency under his leadership would prioritize safety, security, efficiency, environmental sustainability amongst others.

He said, “We must strive to foster innovation and excellence in everything we do. The maritime industry is constantly evolving, driven by technological advancements, changing market dynamics, and evolving regulatory frameworks.

“As leaders in the sector, we must embrace innovation, adapt change, and continuously seek ways to enhance the efficiency, competitiveness, and resilience of our maritime operations.

“I do not doubt that every individual within our organization has the potential to achieve greatness; we will therefore, ensure that we build a purpose-driven organisation by investing in our staff, processes, and the entire system to achieve our mandate. I aim to foster an environment of innovation, collaboration and synergy, creating an atmosphere that encourages the development of our employees’ skills, talents, and creativity.”

He also used the opportunity to express gratitude to the President of the Federal Republic of Nigeria, Asiwaju Bola Ahmed Tinubu, for entrusting him with the responsibility of steering the affairs of the Agency.

“I extend my heartfelt gratitude to His Excellency, the President of the Federal Republic of Nigeria for entrusting me with this crucial responsibility.

“I am highly aware of the immense trust and confidence the President placed in me. It is with great enthusiasm and a sense of purpose that I step into this position, fully committed to steering our organisation toward greater heights, while upholding the highest standards of integrity, diligence, and service to our nation”, he said.

He thanked the Honourable Minister of Marine and Blue Economy, Adegboyega Oyetola, CON, for his guidance throughout the appointment process, and expressed readiness to work with the Minister in achieving the objectives of the Ministry for the sector.

Earlier, the Agency’s Executive Director, Finance and Administration, Chudi Offodile who led other Management staff to receive the DG noted that the entire Management and staff of the Agency were elated to welcome him to the Agency, while also pledging the cooperation of the staff for the success of the Agency.

Recall that on March 11, 2024, President Bola Tinubu approved the appointment of Dr. Dayo Mobereola to serve as the DG of the NIMASA for a renewable term of four years.

Dr. Mobereola holds a Ph. D and an M. Sc in Transport Economics from the University of Wales, United Kingdom.

He is a fellow of the Chartered Institute of Transport, England, and a fellow of the same institute in Nigeria.

He was the Managing Director of Lagos Metropolitan Area Transport Authority (LAMATA) from 2003 to 2015 and the Commissioner for Transportation in Lagos State from 2015 to 2016.

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