Mkpoikana Udoma
Port Harcourt — A coalition of whistleblowers under the Citizens Whistleblowers Coalition, CWC, has called on President Bola Ahmed Tinubu to launch an urgent investigation into Mediterranean Shipping Company, MSC, accusing the global shipping giant of economic sabotage and subversion of Nigeria’s judicial system.
In a petition addressed to the President and signed by Programme Officer Nafiu Ibrahim, Communications Officer Ella Susan, and Socio-Economic Rights Officer Dodeye Okoi Arikpo, the group alleged that MSC’s business practices in Nigeria amount to unfair treatment of local shippers and a direct assault on national economic sovereignty.
According to the coalition, the company imposes unfair container deposit charges, illegally detains shipments, levies unjust demurrage fees, and inserts oppressive clauses in its contracts, all in violation of Nigerian laws.
The petition reads, “We write to bring to your kind attention the ill treatment and oppression of Nigerians in the hands of Mediterranean Shipping Company, a shipping company operating in Nigeria.
“According to World Bank data, Nigeria’s import to GDP ratio is around 12%, and MSC, being the biggest shipping line in the world, accounts for majority of the imports into Nigeria. We note however, that over the years MSC has perpetrated unfair business practices against Nigeria and Nigerian shippers.”
The group said they turned to the Presidency after MSC allegedly refused to honour invitations by the National Assembly, disregarded a directive from the Minister of Marine and Blue Economy to abolish container deposit charges, and insisted on an exclusive jurisdiction clause requiring disputes to be litigated in the High Court of London.
“Most of the business practices of MSC are contrary to several provisions of the Federal Competition & Consumer Protection Commission Act. MSC’s ill treatment of Nigerians directly impacts on the economy as it leads to high cost of goods and services in Nigeria.”
The petitioners expressed frustration at what they described as regulatory inaction by the Federal Competition and Consumer Protection Commission, FCCPC, which they said has ignored numerous complaints against MSC.
“Surprisingly, the FCCPC, primarily charged under the FCCPA with policing these unfair practices, has remained silent and failed to investigate and bring MSC to book,” they added.
They further described as “oppressive and unfair” the exclusive jurisdiction clause in MSC’s Bill of Lading, saying it places the company beyond the reach of Nigerian law and forces local companies to pursue justice in a foreign court.
“MSC’s Bill of Lading which contains the exclusive jurisdiction clause means that Nigerian shippers cannot sue MSC in Nigeria and every dispute against MSC must be litigated in the High Court in London, United Kingdom.”
Citing a recent judgment in Case No: CL-2024-000700 by the High Court in London where MSC obtained an anti-suit injunction against a Nigerian firm, Interglobal Ltd, the group said the clause had already harmed Nigerian interests.
The petitioners urged President Tinubu to mandate a full investigation of MSC’s activities, including its compliance with Nigerian tax laws, and to compel the company to respect Nigeria’s legal and regulatory frameworks.
They said, “We are committed to combating corruption and unfair business practices in all its forms while advocating for good governance so as to create a more just, egalitarian and equitable society.”
They demanded that any probe should focus on economic sabotage, tax evasion, and violations of laws such as Section 20 of the Admiralty Jurisdiction Act, which grants Nigerian courts authority over admiralty matters.
They also appealed to the President to direct the Federal Inland Revenue Service, FIRS, to audit MSC’s revenues and assess its tax remittances in Nigeria.
