National Council of Managing Director of Licensed Customs Agents, NCMDLCA, is set to drag terminal operators and shipping companies to court over refusal to refund charges and levies collected from importers and their agents during the lockdown occasioned by the Covid-19 pandemic.
In a petition to the federal government through the Secretary of the Government of the Federation (SGF), the customs agents decried the flagrant disobedience of the federal government’s directive that terminal operators and shipping companies refund the collection of demurrage and rents during the COVID- 19 lockdown.
The Nigerian Ports Authority (NPA), had directed that all terminal operators should suspend all applicable terminal storage fees (demurrage) on consignments for an initial period of 21 days effective March 23, 2020. It also extended the demurrage-free period by another 14 days from April 13, 2020.
In another memo issued on April 8, 2020, the NPA had said it would, “grant credit notes commensurate to the rental reliefs granted by the terminal operators to importers within the 21-day free storage period.”
Also, the Nigerian Shippers Council (NSC) had directed all shipping companies to suspend demurrage charges on cargoes during the period of the COVID-19 lockdown effective March 30th, 2020.
NCMDLCA, in the petition signed by its National President, Lucky Amiwero, noted that the government directive conforms with the principle of force majeure restricting the movement of all agencies especially the Importer/ Licensed Customs Agents, LCA.
The petition read in part, “NPA aided the Terminal Operators and Shipping Companies by issuing the circular HQ/GM/MRS/OP/L.1/VOLII/434 OF 14TH MAY 2020 on the demand of the refund to the National Council Of Managing Directors of Licensed Customs Agents, NCMDLCA after the ease of the lockdown, when the Terminal Operators/ Shipping Companies have illegally and forcefully collected the rent of the 35 days without refund to the Importers/Licensed Customs Agents, LCA.
“The Management of the Nigerian Port Authority, NPA was forwarded with the Terminal Operators and Shipping Companies receipt of payment made by the importers/Licensed Customs Agents, LCA which falls under the date of the waiver of the 35 days that was illegally and forcefully collected, which was not paid up till date”.
