Barely two weeks after they called-off the 12 days strike action they had embarked upon to protest the alleged high handedness and incompetence of APM Terminals at Apapa port in Lagos, freight forwarders have again raised alarm that the terminal failed to keep to the terms of Memorandum of Understanding signed with them.
Barely two weeks after they called-off the 12 days strike action they had embarked upon to protest the alleged high handedness and incompetence of APM Terminals at Apapa port in Lagos, freight forwarders have again raised alarm that the terminal failed to keep to the terms of Memorandum of Understanding signed with them.
The APM Terminals had signed the MoU with the agents at the Nigerian Ports Authority headquarters in the presence of the Commissioner of Police in charge of ports; Mrs. Ibifuro Harrison, promising that they will wave demurrage charges for the 12 days strike among other agreements.
But speaking with Shipping Position Daily yesterday, Apapa Chapter Chairman of Association of Nigeria Licensed Customs Agents (ANLCA) ;Mr. Olumide Fakanlu said that APM Terminal has reneged on the first three provisions of the MoU.
According to Fakanlu, APMT has refused to handle more than 200 containers in a day and that the terminal’s time for booking of containers has not really been extended from 8 am as promised by the concessionaire.
Shipping Position Daily recalls that, at the peak of a recent strike by the freight forwarders and truck owners, the terminal operator signed a MoU with: Association Of Nigerian Licensed Customs Agents (ANLCA), National Association Of Government Approved Freight Forwarders (NAGAFF), National Council of Managing Directors Of Licensed Customs Agents (NCMDLCA), Association of Registered Freight Forwarders Nigeria (AREFFN) and Association of Maritime Truck Owners (AMATO).
The strike which was to enter its second week was called off after the parties signed the agreement.
Specifically, the parties agreed that: “Booking of containers for physical examination/scanning by APMT shall now commence from 8:00am to 12:00pm daily, all containers listed on any bill of lading presented for booking SHALL be fully and completely booked irrespective of their numbers”. Also, it was agreed that, “APMT shall position containers booked for physical examination within 48 hours of booking. Where APMT is unable to position a container(s) for physical examination already booked within time limited above, all accruing storage charges after the 48 hours shall not be charged, until the container(s) are positioned for physical examination.
It was also agreed that, “examination of containers shall commence from 9:00am to 6:00pm subject to availability of customs”, while, “TDO validity shall be extended for a further 12 hours by APMT after expiration. Also, “issuance/writing of TDOs shall in addition to weekdays be extended to Saturdays and Sundays between 9:00am to 5:00pm”.
The MoU also stated that, “APMT shall waive 10 days rent/storage charges that accrued during the pendency of the strike action on all containers/cargo. This shall be subject to the containers being taken within 2 weeks from the day the strike is suspended.”
It was also agreed that, “APMT will engage shipping companies/lines in an open discussion with a view to securing demurrage waiver arising from delays on the part of APMT. It must be noted that APMT does not have powers to impose any condition on the shipping lines.”
Other agreements are that: APMT confirms it is unable to direct the shipping lines on where to send their empty containers. It is understood between the parties that further discussion will take place between the parties on Monday 17th of November 2014 in respect of paragraph 1, 2, 3 above.”
But our correspondent confirmed yesterday that, APMT has already pasted notices at its facilities that it would not comply with some of the terms of the MoU.
Fakanlu said: "They are not following the agreement, they just tricked us and the entire country, they are still doing partial booking, even the waving of demurrage they signed was not being complied with, we are seriously worried about the efficiency of APMT" Fakanlu lamented.
The ANLCA chairman added that there will be a meeting all freight forwarding associations’ chapter heads in Apapa, noting that the development on the part of APMT is the only agenda.
Fakanlu also stated that the next line of action by agents will go beyond the initial strike action, adding that in no distance time, something bigger than the strike will take place.
Also speaking to our correspondent a former chairman of ANLCA, Apapa chapter, Chinedu Ngwube lamented that the MoU between the parties is in a mess.
Ngwube stressed the need for clearing agents to rally round their respective leaders, saying that the situation is getting out of hand.
He further alleged that the 12 days strike only attracted N25,000 demurrage charges waiver ,noting that the agreement reached by agents and the terminal operator is nothing to write about.
When contacted yesterday via the telephone, the Chairman, Association of Registered Freight Forwarders of Nigeria, Apapa Chapter, Mr. Jones Idemili also confirmed to our correspondent that the agreement reached between the parties was not properly executed and that a meeting will hold today (Wednesday) for the sake of finding a permanent solution to the terminal operator.
He noted that there is a problem somewhere that needs urgent attention of the government.
Meanwhile, another stakeholder; Comrade Pius David said that the essence of the 12 days strike has been defeated, because according to him, APMT has decided to remain adamant on the MoU reached between the agents and concessionaire in the presence of a police commissioner.
Also speaking with our correspondent, a freight forwarder; Chief Osita Machie said that the 10-day strike was all in futility as nothing has really changed after the strike was called-off.
According to him, the APMT tricked clearing agents into signing an agreement that never existed.
Contrary to the agreement to wave demurrage for the 10 days for which the strike held, Osita said that the concessionaire is only waving five days while forcing clearing agents to pay demurrage for Sundays.
Continuing, Osita said that all the shipping companies have refused to wave any demurrage for the 10 days strike, even though the APMT had promised to prevail on them to waive all charges.
He alleged that APMT is yet to increase its capacity of booking containers. "I want to book 12 containers to be scanned, but they are only able to book two containers"
"All the shipping companies have remained adamant that their charges must be paid in full" he said.
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