The President of the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA), Mr. Lucky Amiwero, has petitioned President Bola Ahmed Tinubu regarding the failure of terminal operators and shipping companies to refund a 35-day demurrage waiver that was approved by the presidency during the 2020 COVID-19 lockdown. Despite the presidential directive aimed at alleviating the financial strain on importers and customs agents during the lockdown, service providers have allegedly refused to return the funds, leaving affected parties in a prolonged state of frustration.
Details of the Petition:
In the petition, dated August 28, 2024, Amiwero highlights how, four years after the waiver was granted, importers and their agents are still struggling to recover the wrongly charged demurrage fees. The waiver was part of a relief package communicated by the Presidency on April 6, 2020, which directed terminal operators and shipping companies to waive rent and demurrage charges for 35 days. This period coincided with the severe restrictions imposed due to the COVID-19 pandemic, which significantly disrupted port activities and customs operations.
Challenges Faced by Licensed Customs Agents:
Amiwero emphasized that the Licensed Customs Agents (LCAs) were severely impacted by the lockdown, as they were unable to access ports, bonded terminals, and other critical regulatory bodies such as NAFDAC and the Standards Organisation of Nigeria (SON). The closure of banks and the lack of transportation further hindered their ability to facilitate cargo clearance, making the demurrage waiver essential under the principle of force majeure.
Accusations Against NPA and Service Providers:
The petition accuses the Nigerian Ports Authority (NPA) of colluding with terminal operators and shipping companies to unlawfully collect the waiver fees, with the NPA allegedly backdating the waiver period to avoid issuing refunds. Despite ongoing correspondence between the NCMDLCA and the NPA, there has been no progress in resolving the issue. Amiwero states that detailed records of invoices showing the amounts wrongfully paid by importers and LCAs were submitted to the NPA in 2020, but the refund process remains stalled due to non-compliance by the terminal operators.
Conclusion:
Amiwero’s petition to President Tinubu underscores the ongoing financial challenges faced by stakeholders in Nigeria’s maritime industry, as they continue to seek resolution for the unresolved demurrage fees from the COVID-19 lockdown period. The situation highlights broader concerns about compliance with federal directives and the need for accountability within the maritime sector.
