Joyce Mmereole Okoli
The Nigerian Shippers’ Council (NSC) has issued a directive on the liability sharing for the damage of two export containers of Black Eye Beans, shipped from Kaduna Inland Dry Port to Jebel Ali Port, Dubai.
Following a thorough investigation and multiple tripartite meetings, the Council determined that Inland Container Nigeria Limited (ICNL), the forwarding agent and terminal operator, will bear 70% of the liability, while the exporter, USBAB Multi Choice Ltd., is responsible for the remaining 30%.
The damage, which resulted in a loss valued at $104,111.75 USD and additional costs amounting to ₦1,653,205.88, was attributed to delays in the shipment process. USBAB Multi Choice Ltd. claimed that if the cargo had been shipped on schedule, the damage could have been avoided. They pointed to ICNL’s handling and MAERSK Nigeria Limited’s policies as contributing factors.
During the Council’s investigation, representatives from various involved parties, including Federal Produce Inspection Service (FPIS) and the pre-shipment agent Anglia International Services Ltd. provided their accounts. FPIS certified the beans as being of exportable quality, though they noted issues with how the containers were prepared for shipment.
The pre-shipment agent affirmed that all procedures were properly followed, and no agencies flagged any issues during the clearance process.
ICNL acknowledged the unfortunate damage but argued that they followed protocol in transporting the beans from Kaduna to Lagos within 15 days. They also cited NDLEA’s month-long hold on the containers as a significant factor in the delay.
After reviewing all documents and testimonies, the NSC exonerated MAERSK, NDLEA, and FPIS from any responsibility in the dispute. Despite ICNL’s request for a revision of the liability-sharing formula, the Council maintained its decision, emphasizing ICNL’s primary responsibility as the appointed terminal operator and forwarder.