The Citizens Whistleblowers Coalition has raised serious concerns about the operations of the Mediterranean Shipping Company (MSC) in Nigeria, calling for a comprehensive government investigation into the shipping giant’s practices. The coalition alleges that MSC is actively undermining Nigeria’s judicial system and sabotaging its economy through exploitative business tactics and a calculated disregard for Nigerian law. Central to the coalition’s complaint is MSC’s alleged use of anti-suit injunctions obtained from a London court to prevent Nigerian companies from pursuing legal action against MSC within Nigeria. This tactic, the coalition argues, demonstrates a blatant disrespect for Nigerian sovereignty and an attempt to circumvent the country’s legal framework.
The coalition highlights a specific instance involving Interglobal Technologies, a Nigerian company that initiated legal proceedings against MSC in a Nigerian Federal High Court over demurrage charges. MSC responded by securing an ex parte anti-suit injunction from a London High Court, effectively barring Interglobal Technologies from pursuing the case in Nigeria. MSC’s justification for this action rests on an alleged exclusive jurisdiction clause within their contracts, stipulating that all disputes must be resolved in London. However, the coalition counters this argument by citing Nigerian Admiralty Jurisdiction Act, which explicitly states that Nigerian courts retain jurisdiction over admiralty matters where the place of delivery or residence of either party is within Nigeria. This, they contend, renders MSC’s exclusive jurisdiction clause null and void.
The coalition argues that MSC’s insistence on London as the sole legal venue for disputes arising from services rendered in Nigeria is not only illogical but also a deliberate attempt to exploit Nigerian businesses. The high costs associated with litigating in London effectively deter Nigerian companies from seeking legal redress, leaving them vulnerable to MSC’s allegedly oppressive practices. The coalition further points out that MSC benefits immensely from its operations in Nigeria, generating substantial annual revenue within the country. This financial gain, they argue, should necessitate respect for Nigerian law and a willingness to submit to the jurisdiction of its courts.
The coalition’s concerns extend beyond the issue of jurisdiction. They accuse MSC of employing unfair and oppressive practices related to demurrage and detention charges, further burdening Nigerian businesses. The demand that Nigerians pursue legal action in London adds another layer of difficulty and expense, exacerbating the perceived injustice. The coalition paints a picture of MSC as a powerful multinational corporation leveraging its financial might to exploit Nigerian businesses and disregard Nigerian law. They criticize MSC’s purported disregard for Nigerian laws and courts, especially considering its significant revenue generation within the country. The coalition asserts that a company unwilling to submit to the Nigerian legal system is likely also unwilling to fulfill its tax obligations within the country.
The Citizens Whistleblowers Coalition urges the Attorney General of the Federation, security agencies, the judiciary, regulatory bodies like the Federal Inland Revenue Service (FIRS) and the Federal Competition and Consumer Protection Commission (FCCPC), and the National Assembly to thoroughly investigate MSC’s operations in Nigeria. They specifically call for an audit of MSC’s declared revenues to ensure accuracy and determine if the company has been complying with its tax obligations. They also emphasize the need for a comprehensive investigation into MSC’s compliance with Nigerian tax laws, suspecting underpayment given their perceived disregard for the legal system. The coalition calls upon Nigeria’s legal and governmental authorities to defend the country’s sovereignty and protect Nigerian businesses from MSC’s allegedly exploitative practices.
In conclusion, the coalition presents a compelling case against MSC, accusing the shipping giant of undermining Nigerian sovereignty, exploiting local businesses, and potentially evading taxes. They implore Nigerian authorities to intervene and hold MSC accountable for its alleged misconduct, urging a thorough investigation into the company’s financial practices and adherence to Nigerian law. The coalition’s ultimate goal is to ensure that MSC operates within the bounds of Nigerian law, respects the country’s judicial system, and ceases its allegedly oppressive and exploitative business practices that harm Nigerian businesses. They believe that allowing MSC to continue unchecked sets a dangerous precedent, potentially encouraging other multinational corporations to flout Nigerian laws and exploit its resources.
