Covid-19: ANLCA asks FG to activate “Force Majeure’’ in seaports

Chinazor Megbolu

The leadership of the Association of Nigerian Licensed Customs Agents (ANLCA) has appealed to the federal government of Nigeria to activate “Force Majeure’’ in imports & exports in Nigeria during the lockdown period over Covid-19 pandemic.

In an open letter to the Vice President of Nigeria, Prof. Yemi Osinbajo and signed by ANLCA National President, Hon. Iju Tony Nwabunike, made available to maritime360.com, appealed to the Federal Government to prevail on shipping companies, terminal operators and other agencies in the ports to be prepared to waive all charges, taxes and fees during this period of national compromise at all levels.

“Consequently, we seek for all demurrage, rents, penalties etc emanating from inability to clear cargoes as at when due from the ports at this period to be waived effective from the first week of March, 2020 when the first case of the deadly virus was detected in Nigeria through an Italian citizen.

“Your Excellency sir, we are appealing that you use your good office to ensure that this is implemented immediately. Sir, please note that we are dealing with concessionaires, shipping companies and others who are mainly foreigners, hence the need for government intervention and enforcement has become necessary,” he said.

He pointed out that the open letter has become necessary in order to create a conflict-free and friendly business operating environment, even after this national pandemic is over.

Nwabunike maintained they also want to use the opportunity to assure the Federal Government of Nigeria that ANLCA and all its members across the country will support the government and all its agencies in the ports to make sure government achieve its objectives in making sure activities in the ports return to normal, especially in collecting revenue to the government.

“Please accept the assurances of our highest regards and considerations.

He posited further that ANLCA, established by Act of Parliament vide Illiteracy Act of 1954 is an umbrella body of Customs Brokers and maritime practitioners in Nigeria.

“We are reputed as Africa’s largest and finest professional maritime/freight forwarding association.

“We are happy with measures already taken by the Federal Government of Nigeria to fight the Coronavirus (Covid-19) scourge in a bid to stop the spread of the virus in Nigeria.

“We at ANLCA are in full support and we have since last week shutdown our National Secretariat and advised our numerous members across the Country to practice the Self-Distancing and stay at home order as issued by the Federal Government in its efforts to help contain the spread of the virus which may be occasioned by moving from offices to ports and to various homes,” Nwabunike said.

He, however, pointed out that due to fear of losing money and investments through demurrage and other charges as may be introduced by the shipping companies and terminal operators operating in the ports, which raised fears amongst freight forwarders.

“Your Excellency sir, there is no gain saying that before the Covid-19 pandemic subsides for normal businesses in the seaports, airports and border stations to take it full swing, imported and exported items might have been trapped in the various gateways to the nation.

“As such demurrages and rent payable to shipping companies, concessionaires/terminal operators will have attained an unbearable proportion due to the lock down.

“As you already know sir, it is difficult, if not totally impossible to process customs documentation and take delivery of cargoes in our ports during this period,” he said.

Nwabunike also noted that even when attempts are made, it becomes difficult because state governments have also shut down interstate borders, markets are locked and movement of certain vehicles restricted.

“We now have a situation and irresistible circumstances that make the plea and activation of ‘Force Majeure’ in line with international best practices inevitable.

“We hereby call for the enforcement of ‘Force Majeure’ and total lockdown of our seaports as already done in the airports and border stations to curb the spread of the deadly Coronavirus and to protect the Nigerian workforce operating in our ports.