Mediation breaks deadlock over auctioned container

Nigerian regulator orders release of disputed Customs auction

NIGERIA: A dispute over a container auctioned by the Nigeria Customs Service has been resolved through mediation, with the box ordered for release.

The complaint, brought by Agama Lafiya Livestock Farms against Mainland Bonded Terminal, was heard by the Complaints Unit of the Nigerian Shippers’ Council (NSC) at its head office in Apapa, Lagos. At the centre of the matter was Container No GCXU5818883, allocated to the complainant via a Customs auction.

Welcoming participants on behalf of NSC Executive Secretary and chief executive Akutah Pius Ukeyima, the Head of the Complaints Unit, Dr Bashir Ambi Mohammed, noted that, while the NSC is not a constitutional court, it serves as the sole recognised maritime and commercial shipping dispute resolution body under the Ministry of Marine and Blue Economy.

The complaint

Presenting the case, Oluwatoyin Ojo said the complainant, Agama Lafiya Livestock Farms, claimed it was being prevented from taking delivery of the container, which it had acquired through a Nigeria Customs Service (NCS) auction. Despite completing formalities at APM Terminals (APMT), the box was transferred to Mainland Bonded Terminal, Iddo. The NSC intervened by requesting APMT to place a hold on the unit until the dispute was settled.

Representatives of the allottee, A Abubakar, Frank Alaku and Clearing Agent Lucky Egbeiye, told the meeting that the container had been legally allocated by NCS and that import duties had been paid after an “Overtime File” was opened at the Apapa CPC. They explained that logistical delays linked to a temporary lack of funds had led to a “swap agreement” with Maersk Line to secure the Delivery Order.

When they attempted to take delivery at APMT, they discovered the box had been transferred to Mainland Bonded Terminal, a facility they said was previously unknown to them. Initial attempts to locate the box were met with denials until Customs officials confirmed its presence at the bonded facility.

Representing Mainland Bonded Terminal, Olahide Fowosire and Oyinkan Akangbe told the meeting that Mainland was a licensed bonded terminal acting as a nominated facility for Maersk Line’s overtime cargoes under a formal Memorandum of Understanding. The transfer process, they said, involved a tripartite arrangement between the Nigerian Ports Authority (NPA), APMT and Maersk Line, with the NPA collecting Terminal Delivery Orders for evacuation.

Fowosire raised concerns about the allottee’s documents, noting that the auction papers were dated November 2025 and stipulated a 10-day evacuation window. He argued that the parties appearing in April 2026 suggested the papers had lapsed, and emphasised that internal security protocols, including video-recorded examinations, were mandatory to prevent the movement of illicit goods.

Providing expert opinion during the hearing, Mrs Saka said that although Mainland’s adherence to internal security and contractual protocols was commendable, this did not override statutory Customs releases. Once the original allottee had presented authentic allocation documents verified by the Customs release desk, she observed, the terminal had a commercial obligation to facilitate the exit of the cargo.

Resolutions

After extensive deliberations, the Council confirmed that the auctioned container had been legally transferred to Mainland Bonded Terminal under existing overtime cargo protocols, and that the terminal’s actions were in alignment with its safeguarding agreements with APMT and Maersk Line Nigeria.

Mainland Bonded Terminal was directed to release the container upon sighting the previous TDO and proof of payment, with the process to be concluded by close of business on Monday, 4 May 2026, and evidence shared with the Council.

Both Agama Lafiya Livestock Farms and Mainland Bonded Terminal were advised to register as stakeholders with the NSC by 15 May 2026. The terminal was further tasked with upgrading its website to be user-friendly, with functional contact numbers and email addresses available for public inquiry. The complainant was advised to prioritise Mainland Bonded Terminal in future logistics engagements to foster professional synergy.

The Council commended the parties for their cooperation in reaching what it described as a seamless resolution.