The Nigerian Shippers’ Council recently intervened and amicably resolved a complaint involving alleged blockage of agency’s operations and unauthorized Container triangulation. Representing the Executive Secretary/CEO, Akutah Pius Ukeyima, Esq., MON, FCILT, Ph.D, at the meeting was the Head, Complaints Unit, Dr. Bashir Ambi Mohammed, who welcomed the parties to the mediation session held at the Complaints Unit Conference Room, 1st Floor, B-Wing, Nigerian Shippers’ Council, Headquarters, Apapa, Lagos. He reiterated the Council’s mandate to safeguard shippers’ rights and promote efficiency, transparency, and accountability within Nigerian Ports and Maritime Ecosystem.
In line with the Council’s Succession Planning Framework, Mr. Hassan Aminu (ACOO) was designated to chair the session, while the Case Handler, Ms.Jonathan (OOI), presented the petition and outlined the key issues raised by the Complainant.
She informed the meeting that Council received a formal complaint from Hen-Ngo International Agencies alleging that import container MRKU4981459, taken delivery as an import-full (IMF) unit, was subsequently diverted and used for export by an unknown third party while being transported to the designated holding bay. According to Hen-Ngo, the unauthorized triangulation and issuance of a linking approval to a third party occurred on 6 November 2024, referenced under Case No. 2411-28941427 and Booking No. 244914966.
Hen-Ngo International Agencies appealed for the NSC’s intervention, stating that its agency was unjustly blocked by Maersk Line despite not initiating or requesting any triangulation of the Container.
Responding to the Chairman’s confirmation inquiry, Mr. Henry Okorie, Chairman of Hen-Ngo International Agencies, validated the summary and added that his agency’s service access with Maersk was suspended due to the disputed unit. He clarified that: “We received a linking order from Maersk Line for the Container which was later released for export to a third party. We never requested triangulation. The container was strictly an import unit and was meant to be returned empty to the holding bay.” He further noted that: “We were not notified of the status of the container until four months later when we requested a refund. We have made several efforts to trace the unit, but the transporter involved is already in prison.”
Representing Maersk, Mr. Marcus Lawrence explained that the booking referenced by the complainant had expired: “If a container is declared missing or remains unreturned after the 30-day free-use period, the booking automatically becomes invalid and is cancelled. In such instances, liability reverts to the Consignee.”
After extensive deliberations and review of the documents submitted, the Council established that Maersk Line did authorize the triangulation of the container in question. The meeting concluded with agreements acceptable to both parties.
RESOLUTIONS
In accordance with global Alternative Dispute Resolution (ADR) standards and the Council’s mandate, the following resolutions were reached that:
- Nigerian Shippers’ Council affirms that a legitimate transaction occurred between Hen-Ngo International Agencies and Maersk Line.
- Maersk Line was found to have authorized the triangulation of the contentious container MRKU4981459.
- Maersk Line is hereby directed to immediately unblock Hen-Ngo International Agencies, and provide documentary evidence of compliance to the NSC.
- Hen-Ngo International Agencies is fully exonerated of liability relating to the missing Container.
- NSC strongly advises Hen-Ngo International Agencies to enhance documentation and record-keeping of all operational activities in line with industry best practices.
- NSC urges both parties to strengthen collaboration to prevent container theft and unauthorized triangulation.
- All legitimate outstanding refunds owed to Hen-Ngo International Agencies are to be processed and settled by Maersk Line without delay.
Parties are encouraged to sustain and strengthen their existing business relationship.
