…Gives firm 7 days ultimatum
Following its inability to keep its promise of giving agents 2 weeks waiver as a result of system downtime witnessed for more than 2 weeks at its terminal at Apapa, the management of AP Moller Terminal (APMT), Apapa Lagos may be drawing the ire of the Association of Nigerian Licensed Customs Agents (ANLCA) who are gearing up for a showdown with the company.
It will be recalled that Primetime Reporters reported last week Tuesday of the ordeal agents were passing through in the hands of the terminal’s management following the system downtime experienced at the terminal which as at that time had lasted for more than 2 weeks.
Speaking at a news briefing in Lagos, the Apapa chapter Chairman of the association, Mr. Olumide Fakanlu expressed dissatisfaction that in this era of Information technology, a company as big as APMT could not have a backup system in case of a situation like this describing the act as deliberate as well as negligence on the part of the company.
Fakanlu who hinted that the company may have deliberately shut down the system as way of recouping the money it lost late last year which dovetailed into the early part of this year as they gathered that the company ran into some loss towards the end of last year.
He said,” it is about this system downtime which may be deliberate or natural, whatever it may be, what we call it is negligence because in this era of information technology, nobody will tell me that APMT as big as they are that they don’t have a backup system because we have been hearing of this downturn in their income last year and early January due to many other reasons”.
“Maybe, they want to recoup what they have lost that was why they shut down their system, we don’t know but all the same, if it has gone down naturally, it is negligence, if it has gone down deliberately, then it is criminal.
The ANLCA boss disclosed that since the problem began, APMT had not been able to waive the demurrages up to the number of days it promised them it would waive adding that all attempt made to get the company to a discussion table has failed.
“We met them, they promised us of talking to the shipping companies so that they can waive. We even appealed even if they can waive at least 5 or 7 days out of all these days they have wasted, they said they will get back to us. A colleague in another association was giving them 24 hours which we in ANLCA said no, let us give them 2 weeks which has expired last week Friday and we fixed a meeting for yesterday (Wednesday) to see if we could get feedback from them but the meeting couldn’t hold again, it was postponed by their executives”, he said.
He expressed regrets that as a result of the ongoing hide and seek from the APMT, many of the container deposit paid by his members at the shipping companies were being depleted as a result of fault that was not theirs adding that the association would not to fold its hands and watch its members suffer.
“We are taking legitimate measures just to redress the effect on our members and roundly protect our members’ means of livelihood and their income”, he added.
When asked if ANLCA was considering withdrawal of service from the company again as was the case last year, he said,”No, we may not go that way again because that may add to the problem because already, we have a problem at hand which is being solved. So if we might go that way, it might add to the problem. But we are looking at viable solution or action which we are going to take and you will be briefed adequately as the events unfold”.
On his part, the National Publicity Secretary (NPS) of ANLCA, Dr. Kayode Farintho disclosed that ANLCA intended taking a legal action against the terminal operators and shipping companies that think they could unduly come to Nigeria, extort money and would want to go free.
Farintho while adducing to the fact that APMT had a sister company which according to him was Maersk Line said that there should be an understanding between Maersk line and APMT when they experience system failure even as he said APMT should help them.
“And I also have documentary evidence at the last stakeholders’ meeting where their stakeholders’ Manager specifically said that they were going to waive two weeks storage for all these people that are affected and that they were also going to liaise with Maersk Line to make sure that they waive these demurrages. So, if that is not done, that is negligence on their part”.
“The problem that we have here in the country is that nobody is interested in going to court but we will pursue it and get result. We are calling on our members who have these problems to submit their debit note through the Apapa Chairman. We have written them a letter, giving them a maximum of 7 days and if they don’t refund, we go to court and there will be a precedent that others will also build on”.
“We are also going to apply for accelerated hearing on this particular issue. Listen, they are going to be sued for three things; number one, they were unable to deliver that cargo as and when due, they are going to pay for inconveniences. That was why I said that we are going to set the record straight. So also, the demurrages that these people paid to the shipping companies, you are going to refund them and those whose deposits were not refunded, you are also going to pay them because this system failure was caused by you. You are the custodian of the goods and you are supposed to deliver when I want to carry my cargo”, Farintho said.
Meanwhile, the NPS noted that the 7 day ultimatum given by the association to APMT started counting since on Monday this week and will expire on Tuesday next week after which if nothing was done, ANLCA would have no other option than to go to court.
