Customs Urged to Sanction Shipping Lines Over Alleged Manifest Infractions
Dr Kayode Farinto
Former Acting National President of the Association of Nigerian Licensed Customs Agents (ANLCA), Dr. Kayode Farinto, has called on the Nigeria Customs Service (NCS) to investigate and sanction shipping companies allegedly engaging in inaccurate cargo manifest declarations, warning that the practice is frustrating cargo clearance, encouraging corruption and imposing avoidable costs on freight forwarders and importers.
Farinto made the call during an interview with journalists in Lagos after participating in a House of Representatives Breakfast Session where stakeholders presented policy recommendations on reforms aimed at strengthening Nigeria’s maritime industry and improving trade facilitation.
The former ANLCA Acting President specifically identified Mediterranean Shipping Company (MSC) and Hapag-Lloyd as shipping lines whose cargo manifest practices, according to him, deserve urgent scrutiny by the Customs Service.
He alleged that the shipping companies routinely submit electronic manifests indicating that all containers listed for a vessel are destined for Nigeria, whereas only part of the cargo is actually discharged at Nigerian ports, leaving the remaining containers behind in neighbouring countries.
Explaining the alleged practice, Farinto said a shipping company may submit an electronic manifest to the Nigeria Customs Service declaring that a vessel is arriving with 300 containers.
However, upon the vessel’s arrival, only about 150 containers are discharged, while the remaining containers are retained in ports such as Cotonou in Benin Republic or Abidjan in Côte d’Ivoire.
According to him, Customs processes the electronic manifest on the assumption that every container listed has arrived in Nigeria.
He explained that when the outstanding containers are subsequently brought into the country on another vessel, the Customs system treats them as cargoes that have overstayed because they were already captured under the earlier manifest.
Using the hypothetical vessel MV YINKUS to illustrate the situation, Farinto said once the vessel’s manifest has been processed, Customs expects all 300 containers declared on the manifest to have arrived.
“When the remaining 150 containers eventually arrive on another vessel, Customs blocks the Bill of Lading because the system assumes the cargo has already arrived. It is then treated as abandoned cargo, making it impossible to process electronically,” he said.
He noted that the affected freight forwarders are then compelled to seek manual intervention before the cargo can be cleared.
According to him, the process unnecessarily increases human contact in cargo clearance and creates opportunities for extortion and corrupt practices.
“This is encouraging corruption because once your Bill of Lading is blocked, you cannot make your declaration electronically. You are forced into physical contacts, and everyone knows what that means,” he said.
Farinto lamented that freight forwarders across the country have continued to bear the consequences of the alleged practice, saying complaints from practitioners have become increasingly frequent.
“I am tired of receiving complaints from our members. This issue has become a serious challenge in cargo clearance, and it is one that Customs must urgently investigate,” he stated.
The maritime stakeholder challenged the Nigeria Customs Service to carry out a detailed investigation into vessels operated by the affected shipping companies.
According to him, Customs should compare the number of containers declared in electronic manifests with the actual number discharged from each vessel arriving in Nigerian ports.
“If a shipping company tells Customs it is bringing 300 containers, Customs should verify whether all 300 containers actually arrived. If they did not, there should be consequences,” he said.
Farinto maintained that the Nigeria Customs Service Act, 2023 empowers the Service to sanction shipping companies that violate cargo declaration procedures.
He argued that submitting a manifest for cargo that is not physically onboard a vessel constitutes a breach of Customs regulations and should attract appropriate penalties.
“The law is very clear. Once you submit an electronic manifest to the Nigeria Customs Service, you have a responsibility to ensure that every cargo listed on that manifest is onboard that vessel. If that is not the case, there should be sanctions,” he said.
He further argued that where shipping companies are unable to transport all listed containers on a particular voyage, they should file fresh manifests for the subsequent vessel conveying the outstanding cargo instead of relying on the original declaration.
According to him, doing so would eliminate unnecessary bottlenecks and preserve the integrity of Customs’ electronic clearance system.
Farinto stressed that the issue should not be interpreted as a failure on the part of Customs officers at the ports.
Rather, he said, Customs officials rely on the electronic manifests submitted by shipping companies, making it difficult to detect discrepancies until freight forwarders attempt to clear the cargoes.
He explained that while the containers are not physically occupying space at Nigerian terminals and therefore do not attract terminal storage charges, the Customs electronic system records them as having arrived immediately the manifest is processed.
Consequently, when the outstanding containers eventually arrive in Nigeria without corresponding amendments to the original manifest, the system automatically classifies them as cargoes that have exceeded the statutory clearance period.
The former ANLCA Acting President warned that unless the alleged practice is addressed, it would continue to undermine the objectives of the Customs modernisation programme and frustrate efforts to promote seamless cargo clearance.
He also hinted that freight forwarders have been subjected to various forms of hardship arising from the practice, noting that the issue goes beyond delayed cargo clearance.
“I am raising this alarm so that the Nigeria Customs Service can look inward and take immediate action. If this is not addressed, we will begin to expose the full implications of what freight forwarders are going through daily because of this practice,” he said.
Farinto therefore urged the Customs Service to invoke the relevant provisions of the Nigeria Customs Service Act, 2023 by investigating shipping companies found to be submitting inaccurate manifests and imposing appropriate sanctions where violations are established.
He expressed optimism that decisive enforcement would strengthen compliance with Customs regulations, reduce human interference in cargo clearance, curb corruption and improve efficiency at Nigeria’s seaports.
