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Whistleblowers urge probe of MSC for judicial sabotage, tax dodge

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From Tony John

Whistleblowers, under the auspices of the Citizens Whistleblowers Coalition (CWC), have called on the federal government, through the Attorney-General of the Federation, to launch investigations into the activities of the global shipping giant, Mediterranean Shipping Company (MSC), in Nigeria, focusing on allegations of undermining the country’s judicial system and sabotaging the economy.

Speaking in Port Harcourt over the weekend, the coalition’s Programme Investigation Officer, Nafiu Ibrahim, Project Officer for Government Liaison, Ella Susan, and Programme Officer for Socio-Economic Rights, Owhonda Nwakanma, expressed concern over MSC’s alleged tactics to prevent indigenous companies from litigating admiralty matters against it in Nigeria.

They highlighted a case in February 2025, where, following legal action brought against MSC at the Federal High Court by Interglobal Technologies over N49 million in demurrage, MSC obtained an ex parte anti-suit injunction from a High Court in London (Suit No: CL-2024-000700, dated December 29, 2024). This injunction seeks to stop the Nigerian company from pursuing the case in Nigeria, with MSC asserting that an exclusive jurisdiction clause in their terms of engagement grants the High Court in London sole authority over disputes, even for services rendered in Nigeria.

“MSC is basically asserting in London that they cannot be sued in Nigerian courts for infractions arising from shipping services rendered to Nigerians in Nigeria. 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,” the coalition stated.

The whistleblowers emphasised that Section 20 of the Nigeria Admiralty Jurisdiction Act preserves the jurisdiction of Nigerian courts in admiralty matters where the place of delivery is in Nigeria or any party resides in Nigeria, rendering MSC’s alleged exclusive jurisdiction clause null and void under Nigerian law. They argued that this provision protects Nigerians from unreasonable practices by foreign companies attempting to bypass the Nigerian judicial system.

The CWC called for a probe into MSC’s revenues to verify the accuracy of declared earnings and compliance with tax obligations, noting that the company reportedly generates over $2 billion annually from Nigeria. They criticised MSC’s practices, including excessive demurrage and detention charges, delayed cargo releases, and failure to publish conditions of carriage on their website, which they claim violates the Federal Competition and Consumer Protection Act (FCCPC Act).

“MSC’s shipping practices are often depicted by many as being oppressive and unfair to Nigerians, especially as they relate 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 conduct,” they said.

The coalition urged the Attorney-General, security agencies, the judiciary, the Federal Inland Revenue Service (FIRS), and the National Assembly to investigate MSC’s activities, including its tax compliance, and to ensure the company adheres to Nigerian laws. They warned that MSC’s actions, if unchecked, could further erode Nigeria’s sovereignty and economic interests.

“MSC prides itself on being 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,” they added.

The CWC demanded that the Attorney-General and Nigerian courts defend the country’s sovereignty by calling MSC to order, failing which the company should be barred from operating in Nigeria.



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