The National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) has notified the office of the Secretary to the Government of the Federation of its intention to sue Terminal Operators and Shipping Companies for their refusal to refund the 35 days of demurrage waiver and rent approved for the relief of Importers/Licensed Customs Agents due to the COVID-19 pandemic lockdown.
In a reminder letter signed by NCMDLCA’s National President, Lucky Eyis Amiwero, the association drew the attention of the Federal Government to the refusal of the involved parties to refund the waiver granted it under the COVID 19 Pandemic by the Presidency, while also accusing the Nigerian Ports Authority (NPA) of playing a part in the injustice.
The initial letter dated January 13, 2021 ECD/P/251/T/VI addressed to the National Council of Managing Directors of Licensed Agents (NCMDLCA) on waiver of both terminal and shipping companies on the days of the lockdown, which cumulated to 35 days for the period, which conforms with the principle of force majeure restricting the movement of all agencies especially the Importer/Licensed Customs Agents (LCA) who were most affected.
The letter read in part: “NON PAYMENT OF THE TERMINAL OPERATORS AND SHIPPING COMPANIES OF THE COVID 19 PANDEMIC WAIVER OF THE THIRTY-FIVE (35) DAYS TO IMPORTERS/ LICENSED CUSTOMS AGENTS
“The Terminal Operators and Shipping Companies with the connive with Nigerian Ports Authority (NPA) who are to implement the waiver process, refused to implement the directive from the presidency of the thirty-five (35) days of the waiver on demurrage and rent for Importer/Licensed Customs Agents (LCA) which is a clear contravention of international maritime obligation on COVID 19 Pandemic and the presidential directive on the relief for Licensed Customs Agents (LCA).
“THE DELAY TO MANIPULATE THE PAYMENT OF THE REFUND BY NIGERIAN PORTS AUTHORITY(NPA) IN FAVOR OF TERMINALS AND SHIPPING COMPANIES WITHOUT REFUND TO IMPORTERS AND LICENSED CUSTOMS AGENTS
“The total collection by the Terminals operators and Shipping companies on the waived rent and demurrage was made possible by Nigerian Ports Authority(NPA) that allowed the Terminal operators and shipping companies to collect all the thirty-five (35) days, which was supposed to be refunded to the Importers/ Licensed Customs Agents (LCA).
“Nigerian Ports Authority (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 thirty-five (35) days without refund to the Importers/Licensed Customs Agents(LCA)
“NIGERIAN PORTS AUTHORITY CIRCULAR HQ/GM/M&RS/OP/L.VOL.II 630 OF 7TH JULY 2020 ADDRESSED TO NATIONAL COUNCIL OF MANAGING DIRECTORS FOR THE COLLECTION FROM TERMINAL OPERATORS/SHIPPING COMPANIES OF THE THIRTY-FIVE (35) DAYS COVID 19 PANDEMIC WAIVER
“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 thirty-five days that was illegally and forcefully collected, which was not paid up till date the letter is attached and marked appendix 3
“NATIONAL COUNCIL OF MANAGING DIRECTORS OF LICENSED CUSTOMS AGENTS (NCMDLCA) BY FEDERAL MINISTRY OF JUSTICES REFERENCE MJ/LIT/ABJ/(NCMDLCA)/16/2021 OF 4TH MAY 2021 AND NIGERIA CUSTOMS SERVICE NCS/LEG/HQ/ABJ/2021/67 OF 21ST APRIL 2021
“The Ministry of Justice and Nigeria Customs Service (NCS) being the agency of government that regulates the Licensed Customs Agents and the legal Chief Law office of the Federation recognize that there is no faction in National Council of Managing Director of Licensed Customs Agents (NCMDLCA) but manipulation by Nigerian Ports Authority (NPA) who use the ploy to connive with the Terminal Operators and Shipping company to refuse the refund of the COVID 19 waiver to importers/ Licensed Customs Agents, Copies of the letter is attached and marked appendix 4 a&b.”
The council once more appealed for the set up of a small committee made up of SGF, NPA and NCMDLCA, to collect all unpaid refunds illegally and forcefully collected with the aid of the NPA by the Terminal Operators and shipping companies from Importers and Licensed Customs Agents (NCMDLCA)