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Whistleblowers petition Tinubu over MSC’s unfair shipping practices, exclusive jurisdiction clause

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President Bola Ahmed Tinubu

 

By David Owei, Bayelsa
Whistleblowers Coalition (CWC) have sent a petition to President Bola Ahmed Tinubu, urging him to order an investigation into the alleged unfair business practices of Mediterranean Shipping Company (MSC).

The coalition, in the petition signed by its Programme Officer, Nafiu Ibrahim; Officer Communication and Liaison, Ella Susan and Officer, Socio-Economic Rights, Dodeye Okoi Arikpo, appealed to the President to probe MSC for alleged economic sabotage and judicial subversion.

Speaking in Port Harcourt on Saturday, the whistleblowers said the probe should particularly centered on MSC practices against Nigerian shippers, including unfair container deposit charges, illegal detention of shipments, and unfair demurrage charges.

The stakeholders said they resorted to writing the petition after MSC refused to honour the National Assembly’s invitations, disregarded the Minister of Blue Economy’s memo on container deposit charges, and insisted on an exclusive jurisdiction clause that required all disputes in Nigeria to be litigated in London.

The petitioners insisted that MSC’s unfair business practices directly impacted the Nigerian economy and had led to high costs of goods and services being passed on to the poor masses by importers.

They explained that the petition became important because they believed that the company’s practices were contrary to several provisions of the Federal Competition & Consumer Protection Commission Act,the constitution of the federal Republic of Nigeria,and other acts of the National Assembly.

They said: “We are committed to combating corruption and unfair business practices in all its forms while advocating for good governance so as to create a more just, egalitarian and equitable society.

“We write to bring to your kind attention the ill treatment and oppression of Nigerians in the hands of Mediterranean Shipping Company (MSC), a shipping company operating in Nigeria. Without doubt, Nigeria is generally an import dependent country as it relies largely on the importation of goods to fuel her economy.

“According to World Bank data, Nigeria’s import to GDP ratio is around 12%, and MSC, being the biggest shipping line in the world, accounts for majority of the imports into Nigeria.

“We note however, that over the years MSC has perpetrated unfair business practices against Nigeria and Nigerian shippers. Some of the practices include unfair container deposit charges, illegal and unlawful detention of shipments contrary to Nigeria laws, unfair demurrage charges, obnoxious detention charges, and unfair, unjust and unreasonable clauses.

“Most of the business practices of MSC are contrary to several provisions of the Federal Competition & Consumer Protection Commission Act. MSC’s ill treatment of Nigerians directly impacts on the economy as it leads to high cost of goods and services in Nigeria.

“It is on record that several complaints have been raised by many companies and groups in Nigeria. However, MSC continues to perpetrate its unfair practices.

“Surprisingly, the Federal Competition & Consumer Protection Commission (FCCPC), primarily charged under the FCCPA with policing these unfair practices, has remained silent and failed to investigate and bring MSC to book.

“Notably, the unfair container deposit charges running into billions of naira brought about the intervention by the Honourable Minister of Blue Economy who directed a replacement of the container deposit fee with an indemnity scheme, but MSC has refused to implement this indemnity scheme but has instead continued to enforce its unscrupulous container charges.”

The petitioners bemoaned an exclusive jurisdiction clause in MSC’s Bill of Lading, which required all disputes against the company to be litigated in the High Court in London, United Kingdom.

The coalition argued that such clause was oppressive and unreasonable and had imposed hardship on Nigerian shippers, who were expected to incur significant expenses to litigate disputes in London.

They said: “One of the most oppressive and unfair business practices of MSC which recently came to light is an obscure exclusive jurisdiction clause in MSC Bill of Lading which practically places MSC beyond the reach of Nigerian laws and the Nigerian court system for any goods shipped to Nigeria.

“MSC’s Bill of Lading which contains the exclusive jurisdiction clause means that Nigerian shippers cannot sue MSC in Nigeria and every dispute against MSC must be litigated in the High Court in London, United Kingdom. In other words, the obscure exclusive jurisdiction clause is to the effect that MSC cannot be sued in Nigeria”.

The petitioners made a reference to the recent decision of the London High Court in Case No: CL-2024-000700, saying it further confirmed MSC’s oppression of Nigerians.

“In that case, MSC obtained an anti-suit injunction against a Nigerian company, Interglobal Ltd relying on the exclusive jurisdiction clause in its Bill of Lading”, they said.

The whistleblowers appealed to Tinubu to intervene and act decisively to address MSC’s unfair business practices, urging the government to conduct a full investigation of MSC and call the company to order.

They insisted that investigation should focus on alleged economic sabotage, tax evasion, and regulatory violations, demanding that MSC should be compelled to respect Nigerian laws and the court system, particularly S20 of the Admiralty Jurisdiction Act, which vests jurisdiction in the Federal High Court for admiralty matters connected with Nigeria.

They also appealed to Tinubu to mandate the Federal Inland Revenue Service (FIRS) to audit MSC’s declared revenues and assess the accuracy of its tax remittances, given the company’s significant revenue generation in Nigeria.
END

Law & Crime

Minna Court adjourns ruling on suit by an APC Aspirant seeking amendment to his Name challenging party’s primary declaring Prof Yakubu Auna as candidate

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By Uthman Baba-Naseer,Minna

The Federal High Court sitting in Minna, Niger State, has adjourned ruling till 16 July for Application filed by an APC aspirant Shehu Samaila Auna seeking for amendment of his name in the matter challenging the APC Primary election which declared Professor Yakubu Mohammed Auna as APC candidate for Magama/Rijau Federal Constituency in the forthcoming elections.

The case, filed by Alhaji Shehu Samaila Auna, is seeking for the cancellation of the APC primary election, alleging that no valid primary was conducted to produce the party’s candidate for the constituency ahead of the 2027 general elections.

Joined as defendants in the suit which is marked FHC/MN/CS/54/2026, are the Independent National Electoral Commission (INEC), Professor Yakubu Mohammed Auna, Shehu Saleh Slow, Safiyanu Yahaya, Emma Alamu, and Sani Doma.

The plaintiff is asking the court to determine whether the APC complied with the provisions of Sections 84, 86 and 87 of the Electoral Act, 2022, in nominating its candidate for the Magama/Rijau Federal Constituency.

He is also seeking a declaration that the party’s candidate was not validly nominated because, according to him, the APC did not conduct a primary election as required by law.

The plaintiff further prayed the court to declare the nomination null and void, arguing that it was carried out in violation of the Electoral Act.

However, at the resumed sitting on Thursday the plaintiff counsel Mohammed Danjuma Abubakar Esq ,had moved an Application to file a motion of amendment of name of the plaintiff as presented in the suit which was heavily objected by the defence counsels.

In his argument the defence counsel Philip Adah Esq vehemently objected to the application on the ground that the amendment of the name of plaintiff at this point is overreach “and I prayed the court to throw out the application as it has no any basis for now”

They argued that the motion is overreaching and did not specify reasons for changing the name of the plaintiff which he originally deposed to.

After listening to the arguments of both parties the presiding judge, Justice Mohammed Aminu Dan-Ige, adjourned the matter to July 16, 2026 for ruling.

Fielding Questions from Journalists shortly after the Court seating, the counsel to the first defendants Philip Adah Esq, argued that the application for the amendment of the names as moved by the counsel to the plaintiff, has no any place inlaw.

Arguing further the counsel had earlier filed an application to amend a name of the plaintiff from the name earlier filed before the court,” then we are now saying that no. He cannot do that because the application is over reach and we are asking the court to as a matter of law,to throw out the application

“ We are hoping that the court under His Lordship will look into our own prayer as contained in our own application to do the needful in our favour or against us as he may deem it fit that is just our prayer before the court” he told Journalists.

However when contacted for his response,the counsel to the plaintiff Mohammed Danjuma Abubakar Esq, declined comment saying,” is not ripe for me to grant any press interview for now. I will speak to the press at the appropriate time. For now I don’t have anything to tell you guys because the hearing has not even commence” he stated.

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Law & Crime

Gov Okpebholo Seeks Traditional Rulers’ Collaboration to Tackle Insecurity

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Senator Monday Okpebholo of Edo state

By Our Edo Correspondent

In a bid to flushout crimes in fhe state,Edo State Governor, Senator Monday Okpebholo is seeking stronger collaboration with traditional rulers across Edo State’s 18 local government areas to tackle insecurity and other criminal activities.

Addressing traditional rulers from Edo Central and Edo North Senatorial Districts on a courtesy visit to Government House in Benin City on Thursday, Governor Okpebholo said traditional rulers remain critical stakeholders in the fight against crime because of their close relationship with their communities.

“There are so many security challenges, and the best people to help me fight insecurity are the traditional rulers. You know your communities because you know those who live there and those coming into the area,” he said.

The governor noted that several recent kidnapping cases involved local collaborators who were familiar with the movement and financial status of residents.

“Our people know those who are wealthy and those who are not. They know the movement of people within the community. If we must stop insecurity in Edo State, we must work together to achieve this purpose,” he said.

He urged traditional rulers not to encourage or shield criminal elements, stressing that young people should be discouraged from engaging in crime.

“Let nobody encourage crime. Our children should not be involved. They should understand that crime is dangerous. The President is not happy about the security situation in the country, and I am not happy as well,” he added.

The governor also appealed to the royal fathers to mobilise support for President Bola Tinubu ahead of the next presidential election, expressing confidence that Edo State could deliver substantial votes for the President.

Responding on behalf of the visiting monarchs, the Ojuromi of Uromi, HRM Anslem Edenojie II, passed a vote of confidence in the governor, describing his development efforts across the state as commendable.

The monarch assured Governor Okpebholo of the continued support and cooperation of traditional rulers in promoting peace, security and development across Edo State.

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Law & Crime

Tinubu Moves to Overhaul Criminal Justice, Seeks Senate Approval to Replace ACJA

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President Bola Ahmed Tinubu

By George Mgbeleke

President Bola Tinubu on Thursday asked the Senate to approve the repeal of the Administration of Criminal Justice Act (ACJA) 2015 and replace it with a new legal framework designed to tackle delays in criminal trials, strengthen justice sector institutions and modernise Nigeria’s criminal justice system.

The executive bill was conveyed in a letter addressed to Senate President Godswill Akpabio and read during Thursday’s plenary.

In his communication on the criminal justice reform, Tinubu said the proposed Administration of Criminal Justice Bill, 2026, would repeal and replace the existing ACJA 2015 to address persistent legal, procedural and institutional shortcomings that have undermined effective justice delivery.

He explained that the proposed legislation would improve the administration of criminal justice in the Federal Capital Territory and other federal courts, while strengthening the Administration of Criminal Justice Monitoring Council to ensure effective implementation of the law.

According to the President, the new legal framework is intended to promote efficient management of criminal justice institutions, accelerate the dispensation of justice, strengthen the protection of society from crime and safeguard the constitutional rights of suspects, defendants, victims and witnesses.

Tinubu said the bill would also ensure full compliance by courts, law enforcement agencies and other institutions involved in criminal justice administration.

He identified chronic delays in criminal investigations and prosecutions, poor case-file management, inadequate deployment of technology in criminal proceedings, weak coordination among justice sector agencies, ineffective case management systems and poor monitoring of compliance with the existing law as major challenges necessitating the repeal of the 2015 Act.

The President noted that the draft legislation was prepared by experienced law officers with expertise in criminal law, criminal procedure and legislative drafting, adding that it incorporated recent judicial pronouncements, technological innovations and international best practices.

He added that the proposed law would strengthen the Administration of Criminal Justice Monitoring Council through enhanced monitoring and evaluation mechanisms to ensure effective implementation by relevant institutions.

Following the presentation of the communication, the Senate referred the bill to its Committee on Rules and Business with a directive to report back within four weeks.

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