Still basking in the euphoria of last week’s Appeal Court judgement in its disputes with shipping agents, and terminal operators, the Nigerian Shippers’ Council (NSC), has declared that there was no need to have gone to court.
Executive Secretary of the Council; Mr Hassan Bello however said that the duo of Seaport Terminal Operators Association of Nigeria (STOAN) and Association of Shipping Line Agencies (ASLA) were right to have sought proper interpretation of the regulatory duty of the Nigerian Shippers’ Council.
But, speaking with Shipping Position Daily last week, Bello advised that stakeholders should find alternative mechanism for resolving disputes, since they are mainly commercial disputes.
In a veiled reference to the protracted legal tussle with both STOAN and ASLA, Bello said: ‘’I am also appealing to stakeholders in the maritime industry to find alternative ways of resolving these disputes. The courts is not the best place to settle this kind of disputes, this is a commercial place.’’
The Appeal Court in Lagos had last Tuesday upheld the power of the Nigerian Shippers’ Council (NSC) to intervene in shipping agency charges and fees collectable by suppliers of shipping and terminal services in Nigerian ports, in line with its role as the Economic Regulator of the ports.
The duo of the Association of Shipping Line Agencies and the Seaport Terminal Operators’ Association of Nigeria have been having a running battle against Nigerian Shippers’ Council specifically over the reduction of shipping line agency charges (SLAC) and refund of container deposits collected by ASLA members and reduction in progressive storage charges and increase in free storage days by STOAN members.
The two groups had in 2015 secured an order for stay of execution of the ruling of a Federal High Court, Ikoyi, Lagos which earlier dismissed their suits against the NSC.
The Appeal Court, whose judgment was read last week by Justice Chidi Nwaoma Nwagbara upheld an earlier judgement of the Federal High Court in the case between the Nigerian Shippers’ Council (NSC), Seaport Terminal Operators Association of Nigeria and Association of Shipping Line Agencies.
But, Bello said that, in as much as it was within the right of Seaport Terminal Operators Association of Nigeria and Association of Shipping Line Agencies to seek interpretation of the status of the Shippers Council, such disputes need not have gone to a conventional court.
‘’I have not seen the Judgement; I need to get the certified true copy. But what is important is that we have to forge ahead, I have always said that is within their right to seek for interpretation of the regulatory framework, because this regulatory framework is honestly sometimes hazy’’. ‘’We will not begrudge them for seeking interpretation’’, he assured.
He disclosed that, unknown to most people, even before the judgement of last week; the Nigerian Shippers’ Council had been meeting with the shipping agents on how to move forward.
According to him, ‘’the concern of Shippers’ Council is to make the investment climate conducive for conducting business especially in the maritime sector’’, he added that the environment must be conducive for all to operate.
The Shippers Council boss also advised the media not to be in the forefront of stoking embers of disunity and disputes among maritime sector players. According to him, the media ‘’should be at the forefront of settling disputes in a non-adversarial way’’.
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