Nigerian Government through the Attorney-General of the Federation has been urged to launch investigations into the activities of a global shipping giant, the Mediterranean Shipping Company (MSC) in the country for alleged economic sabotage and other offences. The stakeholders under the auspices of the Citizens Whistleblowers Coalition (CWC) suggested that the shipping firm should be probed on two key areas of undermining the country’s judicial system and sabotaging the national economy. Speaking in Port Harcourt, the coalition’s, Programme Investigation, Nafiu Ibrahim; Project Officer, Government Laiason, Ella Susan and Programme Officer, Socio-Economic Rights, Owhonda Nwakanma, said they were worried that MSC had devised a means to stop indigenous companies from litigating admiralty matter against it in Nigeria. They recalled that in February following legal actions brought against MSC at the Federal High Court by the Interglobal Technologies over N49million demurrage, the company obtained an ex parte anti-suit injunction in a High Court in London.
“The anti-suit injunction seeks to stop the Nigerian company from litigating an admiralty matter against MSC in Nigeria. MSC is basically asserting in London that they cannot be sued in Nigerian courts for infraction arising from shipping services rendered to Nigerians in Nigeria. In the action filed in London with Suit No: CL-2024-000700, MSC is alleging that there is an exclusive jurisdiction clause in their terms of engagement which gives the High Court in London the exclusive jurisdiction over shipping services rendered to Nigerians and Nigerian companies in Nigeria.It is learned that this exclusive jurisdiction clause gives MSC the right to take Nigerians or Nigerian companies anywhere in the world to enforce a claim against them. However, Nigerians or Nigerian companies dissatisfied with MSC’ shipping services can only take MSC to the High Court in London”.
The whistleblowers said the Nigerian law is clear on the admiralty jurisdiction of the Federal High Court in admiralty matters connected with Nigeria adding that Section 20 of the Nigeria Admiralty Jurisdiction Act provides that parties cannot take away the jurisdiction of the Nigeria court to entertain an admiralty matter where the place of delivery is in Nigeria or any of the parties reside in Nigeria. “This provision seeks to protect Nigerians when dealing with unreasonable shipping giants that would want to undermine the civil justice system in Nigeria. In this regard, the law preserves the jurisdiction of Nigeria courts in admiralty matters where the place of delivery is in Nigeria or where any of the parties reside in Nigeria. It is only common sense for Nigerian court to exercise jurisdiction over shipping services rendered in Nigeria. It is not clear why MSC is asserting that the High Court in London should deal with a case based on an alleged exclusive jurisdiction clause which if exists has been rendered null and void by Nigeria law.
“We consider it our patriotic duty, to alert the Honourable Attorney General, the security agencies, the judiciary, other regulatory agencies, including the FIRS, the National Assembly among others of the dangers being posed to our country where a foreign multi national company, that derives over $2bn annual revenues from our country uses those revenues to undermine our legal system, and oppress Nigerians after collecting excess demurrage costs, container deposits, delaying their cargoes for months without apologies, not putting out their conditions of carriage on their website against FCCPC Act”. They asked the relevant authorities to probe the revenues declared by MSC to ascertain whether they were accurate and to determine if the company had been paying proper taxes.
MSC Shipping Nigeria, now seeks to further stop Nigerian importers from being able to access justice, by inputting an exclusive jurisdiction clause in carriage contracts making UK with its outrageous legal costs the only venue for litigation.This is inspite of a Nigerian law that makes any attempt to oust our court jurisdiction in Admiralty matters illegal, null and void- S 20 of the AJA”, they said.
“Honourable Attorney-General, and our courts should rise in defence of our sovereignty and our laws by ensuring that MSC Is called to order and cautioned to stop these illegalities and oppressive tendencies, otherwise they should be stopped from doing business in Nigeria MSC’s shipping practices are often depicted by many as being oppressive and unfair to Nigerians especially as it relates to demurrage and detention charges. The insistenc that aggrieved Nigerians must go to London to make known their grievances adds to MSC’s oppressive and unfair conducts. MSC prides itself as the largest Container line worldwide, with over 200,000 employees and revenues in excess of €86 billion. However, a company no matter its size should have regard for the laws of the land where it generates revenue”.
