Checks by the Nigerian Tribune have revealed that due to the ongoing #EndBadGovernance protest which has forced clearing agents and haulage operators to stay away from the ports, the decision to either waive or not waive accumulated Demurrage and Storage charges might lead to another face-off between port terminal operators, shipping companies and the cargo owners (importers).
Recall that the Apapa Customs Command and Tin-Can Port Customs Command had confirmed skeletal operations at both ports during the first two days of the ten days #EndBadGovernance protest due to many cleaning agents refusing to show up for cargo examination at the ports during the ongoing protests.
Speaking with the Nigerian Tribune, a former National President of the National Association of Government Approved Freight Forwarders (NAGAFF), Chief Eugene Nweke said that cargo owners shouldn’t have to beg for waivers of demurrages and storage charges because neither the shippers nor their agents bargained for a national protests action.
According to Eugene Nweke who is also the Head of Research, Sea Empowerment Centre, “National protests qualifies as an act of god under marine insurance and shipping practices.
“Act of god is a shipping term for something that is beyond the control of anybody. Under same practice, ship diversion is reasonably permissible during national strike or protests.
“Neither the shippers nor their agents bargained for a national strike action or national protests.
“As such, both demurrage and storage charges should not be begged to be waived by shipping lines and terminal operators.
“This is a reasonable and rapid response following Mr President’s appeal for the youths to end the protests.”
When contacted, the Spokesman of the Seaport Terminal Operators Association of Nigeria (STOAN), Dr. Bolaji Akinola explained that the ports have been opened all through the protest days, and consignees and their agents are all requested to go to the ports and clear their cargoes.
“The ports are open and fully operational. We kindly request that consignees and their agents collect their cargo promptly to facilitate efficient port operations and minimize congestion,” Dr. Bolaji Akinola told the Nigerian Tribune.
Also speaking, a Port official who wouldn’t want to be quoted as he has not been asked to speak on the matter explained that waivers won’t be granted because nobody stopped cargo clearance operations while the protest was ongoing.
He said: “The protest has been on for two days now and has been peaceful in Lagos. Also, the ports have been opened for Port operations with the Nigeria Customs Service (NCS) issuing statements that cargo clearance operations will go on unhindered during the protest.
“That people stayed away from the ports last Thursday and Friday was not down to the terminal operators or the shipping companies. So why should anybody expect any waiver for accumulated Demurrages or Storage charges?
“The agents that stayed away from the ports did so at their own discretion. The ports were opened and Customs, Shipping companies and terminal operators offices were opened for business, but the agents didn’t turn up at the ports to clear their cargoes. Is that the fault of the terminal operators or shipping companies?”
“It will be difficult to grant waivers because the protest didn’t affect Port operations. The ports were opened for business, so I don’t understand under what terms some people are clamouring for demurrages or storage charges waivers,” the Port official told the Nigerian Tribune Newspapers
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