The Citizens Whistleblowers Coalition (CWC) has called on the Federal Government to investigate the operations of the Mediterranean Shipping Company (MSC) in Nigeria over alleged economic sabotage, judicial subversion, and potential tax evasion.
At a press briefing in Port Harcourt, representatives of the coalition — Nafiu Ibrahim (Programme Investigation), Ella Susan (Project Officer, Government Liaison), and Owhonda Nwakanma (Programme Officer, Socio-Economic Rights) — accused MSC of systematically undermining Nigeria’s judicial system by attempting to prevent Nigerian entities from pursuing legal action within Nigerian courts.
The group cited a recent incident involving Interglobal Technologies, a Nigerian firm, which filed a N49 million admiralty case against MSC at the Federal High Court. In response, MSC secured an ex parte anti-suit injunction from a High Court in London, effectively seeking to bar the Nigerian company from pursuing the matter locally.
“In the London case (Suit No: CL-2024-000700), MSC is relying on an alleged exclusive jurisdiction clause in its terms of engagement, claiming that only the High Court in London can adjudicate disputes involving its services—even when those services are rendered in Nigeria,” the coalition said.
CWC argued that this move directly contravenes Section 20 of Nigeria’s Admiralty Jurisdiction Act (AJA), which prohibits the exclusion of Nigerian court jurisdiction in maritime cases involving deliveries or parties within Nigeria.
“The Nigerian law is clear. Where the place of delivery is in Nigeria or any of the parties reside in Nigeria, the jurisdiction of Nigerian courts cannot be ousted. This is designed to protect Nigerians from exploitative foreign entities,” the group said.
The coalition raised alarms over what it described as MSC’s “oppressive practices,” including excessive demurrage charges, unjustified delays in cargo delivery, and lack of transparency in shipping terms — allegedly in violation of the Federal Competition and Consumer Protection Commission (FCCPC) Act.
“It is unacceptable that a foreign multinational, which earns over $2 billion annually from Nigeria, is leveraging those earnings to frustrate the Nigerian legal system and oppress local businesses,” the statement read.
The coalition also urged the Federal Inland Revenue Service (FIRS) to audit MSC’s declared revenues and assess the accuracy of its tax remittances, while calling on the Attorney-General of the Federation, the National Assembly, and relevant regulators to intervene.
“MSC now seeks to block Nigerian importers from accessing justice by embedding exclusive jurisdiction clauses that force litigation to the UK, where legal costs are prohibitive. This clause, if it exists, is null and void under Section 20 of the AJA,” the group insisted.
The CWC concluded by warning that unless MSC is called to order, it should be barred from operating in Nigeria.
“No company, no matter how powerful or profitable, should be allowed to trample on the laws of the land. MSC must respect Nigerian sovereignty and the rights of its people,” the coalition declared.
Citizens Whistleblowers Coalition (CWC)
22 Mbiama-Yenagoa Road, Yenagoa, Bayelsa State.
Tel: 07064748981,
E:mail-davoutnicholas@gmail.com, whistleblower@gmail.com
The Honourable Attorney General and Minister For Justice of the Federation
Government of the Federal
Republic of Nigeria
Honourable Minister,
PETITION ON MEDITERRANEAN SHIPPING COMPANY’S DELIBERATE ACTS OF CHALLENGING NIGERIA’S SOVEREIGNTY, UNDERMINING THE JUDICIAL SYSTEM AND SABOTAGING OUR NATIONAL ECONOMY.
Permit us to write directly to your office on the persistent infractions of Nigerian laws and the contemptuous treatment meted to Nigerian importers and companies by Mediterranean Shipping Company S.A. and it’s Nigerian affiliate, Mediterranean Shipping Company Nigeria.
This petition to your office has become necessary as it is settled that the Attorney General is the Chief Law Officer of the Federation and the person vested with the responsibility under the Constitution for bringing and defending actions on behalf of the Federation (Please see section 150 of the Constitution and the case of Sambo v Bello (2017) LPELR 43022 (CA). The Attorney General is therefore charged with defending and protecting the interests of the Federation and its citizens.
It will interest You to note that sometime in February this year, following legal actions brought against Mediterranean Shipping Company S.A, in a Federal High Court, sitting in Port Harcourt, in suit num. FHC/PH/CS/208/24, by a Nigerian construction firm, INTERGLOBAL TECHNOLOGIES for extorting over FORTY NINE MILLION NAIRA, from it through false demurrage and detention charges on shipment, Mediterranean Shipping Company S.A. (“MSC”) surreptitiously 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 idea and insistence that Nigerians and Nigerian companies can only sue MSC in London for services rendered in Nigeria is a cause for concern. It is a spite on Nigeria’s sovereignty and a calculated attempt to undermine Nigerian laws and civil justice system.
Meanwhile the obnoxious clause allows them (MSC) to sue Nigerians any where in the world.
Notably, Nigerian law is clear on the admiralty jurisdiction of the Federal High Court in admiralty matters connected with Nigeria. 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. In this regard, section 20 of the Admiralty Jurisdiction Act provides as follows:
“Any agreement by any person or party to any cause, matter or action which seeks to oust the jurisdiction of the Court shall be null and void, if it relates to any admiralty matter falling under this Act and if— (a) the place of performance, execution, delivery, act or default is or takes place in Nigeria; or (b) any of the parties resides or has resided in Nigeria ……”
The above provision seeks to protect Nigerians when dealing with unreasonable shipping giants like MSC 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 exist 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 etc 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 extorting them from 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.
MSC Shipping Nigeria, which operates out of 41 Creek Road, Apapa Quays, Lagos, (with Phone Contacts: 08058623515, 08039338833), has not been declaring their revenues accurately and also has been evading paying proper taxes, when their worldwide revenues are in excess of €83bn with Nigeria being their biggest market in Africa.
MSC Shipping Nigeria, under the watch of Andrew Lynch, Managing Director and Jake Iosso, Deputy Managing Director (08139862340), now seek 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.
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 insistence that aggrieved Nigerians must go to London to make known their grievances adds to MSC’s oppressive and unfair conducts. MSC has significant business operations in Nigeria. One of its subsidiaries in Nigeria is Mediterranean Shipping Company Nigeria Ltd which is also a party in the anti-suit matter in London where MSC is making the case that they cannot be sued in Nigerian court for wrongs committed in Nigeria and against Nigerians. MSC’s argument seeks to undermine Nigeria as a country while profiting from Nigeria. Indeed, MSC’s action invites the scrutiny of the Nigerian Presidency, the National Assembly and the Nigeria courts.
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. MSC’s total disregard and disdain for Nigerian law and its court system is appalling. This calls for a full-blown investigation into the activities and affairs of MSC in Nigeria including MSC’s compliance with its tax obligations. A company that is not willing to subject itself to Nigerian court system will not be willing to pay tax for profits derived from Nigeria.
Signed.
Nafiu Ibrahim- Program, Investigations
Ella Susan – Project Officer, Government Laiason
Owhonda Nwakanma- Project Officer, Socio Economic Rights
C.C.
1) The Senate President, Nigerian Senate, National Assembly Complex, Three Arms Zone, Abuja.
2)The Speaker, House of Representatives, National Assembly Complex, Three Arms Zone, Abuja.
3) The Director General, Department of State Services.
4) The Executive Director, Federal Inland Revenue Service, Abuja
5) The Chief Executive Officer, Federal Competition and Consumer Protection Commission (FCCPC), Abuja.