MaritimeBusiness

Customs Clarifies Enforcement Action Against Vessel Over Unauthorised PMS Discharge at Tin Can Port

The Nigeria Customs Service (NCS), Tin Can Island Port Command, has clarified the circumstances surrounding enforcement actions taken against the vessel, MT NY Maria, over the unauthorised discharge of Premium Motor Spirit (PMS) at the MRS Terminal, Dantata Jetty, Tin Can Island Port.

The Command said the vessel commenced discharge operations without obtaining the requisite Customs clearance and while still under official Customs seal, contrary to provisions of the Nigeria Customs Service Act, 2023.

The clarification was contained in a statement issued by the Public Relations Officer of the Command, Chief Superintendent of Customs, Oscar Ivara, on behalf of the Customs Area Controller.

According to the statement, officers of the Boarding and Rummaging Unit had boarded the vessel on Saturday, 23 May 2026, upon its arrival from the Dangote Refinery, to conduct routine documentation and compliance procedures in line with the NCS Act, 2023.

During the exercise, Customs officers reportedly discovered that the vessel lacked complete documentation, particularly the mandatory Last Port Clearance required from the port of origin.

The statement explained that the vessel’s agent was subsequently granted a two-day period to provide the outstanding document, while the vessel was lawfully sealed and placed under Customs control pending compliance.

“Contrary to the directive issued by the Service, officers subsequently received intelligence on Wednesday, 27 May 2026, that the vessel had commenced discharge operations without obtaining the requisite Customs clearance and while still under official Customs seal,” the statement said.

Ivara disclosed that officers who mobilised to the terminal encountered resistance from security personnel stationed at the facility but eventually gained lawful access to the premises.

Customs said the ship master was immediately directed to discontinue the unauthorised discharge activity and report to the Enforcement Unit to provide official statements regarding the incident.

“The vessel was thereafter resealed in accordance with extant procedures. The Service wishes to state categorically that the ship master was not arrested at any point but was only invited to make statements as part of ongoing investigations,” the statement added.

The Command maintained that the actions taken by its officers were fully supported by the provisions of the Nigeria Customs Service Act, 2023, particularly Sections 30 to 35 relating to Customs controls, inspections, examination of goods, verification of documentation, and enforcement within Customs Control Zones.

It further noted that Section 31(2)(b) of the Act designates international seaports as Customs Control Zones, while Section 31(4) mandates that imported goods must be unloaded, inspected, assessed, and cleared strictly under Customs supervision and authorisation.

According to the Service, the discharge of PMS by MT NY Maria without clearance and while under Customs seal constituted a direct violation of Sections 46 to 58 of the Act relating to reporting obligations, goods declaration, presentation of goods, unloading procedures, and release of goods under Customs control.

The statement also cited Sections 212, 222, 223, 225, and 226 of the NCS Act, 2023, as providing legal authority for Customs officers to board, inspect, detain, and enforce compliance measures on vessels and cargoes operating within Customs-controlled areas.

It added that offences of such nature attract sanctions under Part XXXI of the Act relating to seizure, forfeiture, detention, condemnation, and penalties for non-compliance with lawful directives issued by Customs officers.

The Command further revealed that investigations into the incident, including acts of obstruction allegedly encountered by officers during the enforcement operation, were ongoing in line with extant legal and administrative procedures.

“The Service reiterates that no vessel, terminal operator, shipping company, or individual is above the law, and that all stakeholders operating within Nigeria’s port environment are expected to comply fully with documentation, clearance, and operational requirements before commencing discharge or cargo-handling activities,” the statement said.

The NCS reaffirmed its commitment to facilitating legitimate trade while ensuring strict compliance with national fiscal, trade, and security regulations.

It also urged members of the public to rely on verified information from official channels and avoid amplifying misleading narratives capable of undermining lawful enforcement actions and public confidence in regulatory institutions.

“The Service will continue to discharge its statutory responsibilities professionally, transparently, and without fear or favour in safeguarding Nigeria’s economic and national security interests,” the statement added.

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