On Monday June 1, 2026, I addressed members of Shipping Correspondents Association of Nigeria (SCAN) on Grimaldi Agency’s reported move to sell 2,500 empty shipping containers to local buyers.
As expected, Grimaldi responded with a statement very heavy on prevarications and the usual disdain many shipping companies operating in Nigeria have for our local regulations.
Grimaldi’s “clever by half” approach doesn’t change the legal position. Selling “foreign customs status” containers locally without Nigeria Customs Service conversion is still illegal and a breach of relevant statutory provisions.
Here’s a direct response to their claims. I itemised my responses to their claims chapter by chapter for clarity and easier understanding.
*RESPONSE TO GRIMALDI AGENCY NIGERIA’S STATEMENT*
*Subject: Illegal 2,500 Container Sale & Customs Duty Claims*
*1. “Containers sold in foreign customs status / not for domestic use”*
*Rebuttal*: Nigerian law doesn’t recognize “foreign customs status”. Once goods are on Nigerian soil and in possession of a Nigerian buyer.
Under NCS Act 2023 Section 36 and Temporary Import Guidelines, any container physically in Nigeria that will be used in Nigeria must be converted to permanent import before transfer of possession.
Labeling it “for international cargo only” is unenforceable. Once Grimaldi hands it to a Nigerian buyer, Nigeria Customs Service (NCS) presumes domestic use unless re-exported. Grimaldi cannot contract out of Nigeria Customs laws.
*2. “Customs duties are buyer’s responsibility if buyer converts later”*
*Rebuttal*: False. The party that disposes of temporarily imported goods is liable.
Section 245 NCS Act 2023 gives Customs power to demand duties from “any person who deals with goods liable to duty without payment”. Grimaldi, as the owner/agent who sold, is a “person who dealt with the goods”.
Also, NCS Temporary Import Guidelines require the temporary importer to apply for conversion. Buyers cannot apply because they were never the original importer. Grimaldi must submit SGD, pay duties, then sell “home use” containers. Pushing duty to buyers is contravention of statutory requirements.
*3. “We didn’t slate 2,500 containers for sale” / Silence for 3 weeks*
*Rebuttal*: Grimaldi’s delayed denial is damning.
1. If the media reports about the 2,500 was false, a prompt denial within 24-48hrs is standard crisis response. Waiting for about 3 weeks until after my press conference to deny, suggests the report was accurate.
2. Even if the number is disputed, Grimaldi admitted “sale of containers”. One container sold illegally is equally a breach. The law doesn’t have a “de minimis” exemption.
3. APFFLON already kicked against dollar pricing 3 weeks ago. ANLCA supported it. Grimaldi watched the controversy but only spoke when Customs revenue loss was quantified. That’s not transparency.
*4. “Buyers must pay duties if they convert to home use”*
*Rebuttal*: Key questions Grimaldi must answer publicly:
1. Did Grimaldi submit buyer names, addresses, BVN/NIN, and sale amounts to NCS Area Comptroller in charge of the area of transactions before sale? NCS requires this for all temporary import reconciliations.
2. Did Grimaldi involve NCS valuation officers in the sale process? Valuation must be done by Customs, not the seller.
3. Are the containers stacked in NPA/Customs-bonded terminals or in leased private yards outside Customs control? If outside bonded area, that’s already a Section 142 breach.
4. Were invoices issued in Naira with NCS SGD attached, or in USD via domiciliary account as reported? CBN FX Manual 2018 Para 9.01 forbids domestic USD sales.
If answer to 1-4 is “No”, then Grimaldi is 100% liable for revenue loss.
*5. “This reflects global practice – SOC containers circulate internationally”*
*Rebuttal*: Global practice and Nigerian law.
SOC = Shipper Owned Container, yes. But global practice assumes re-export or proper importation at destination. You can’t cite “global practice” to justify bypassing Section 36 NCS Act.
*6. Additional breaches Grimaldi’s statement ignored:*
1. *NPA Regulations*: Terminal operators must reconcile all temporary import containers at exit. If containers “disappeared” through sale, terminal and Grimaldi both breached lease terms.
2. *NSC Regulations 2015 Reg 5(1)(a)*: All local charges/services must be in Naira. Sale of assets located in Nigeria is a “local service”. USD invoicing violates this.
3. *CBN Circular 2016*: Domiciliary accounts are for FX inflows from abroad, not for selling Nigerian-located assets to Nigerians. This is dollarization.
4. *Section 36 NCS Act*: Failure to re-export within approved period or convert with duty = offense. The offense is committed by the temporary importer – Grimaldi, not the buyer.
*Bottom Line*
Grimaldi’s defense is commercial contract law vs Nigeria laws. Contract terms between Grimaldi and buyer cannot override NCS Act 2023. The moment a temporarily imported container is sold in Nigeria without NCS conversion, Grimaldi becomes liable for:
1. Lost duties and other applicable taxes and fees per container
2. Penalties under Section 248/249 NCS Act
3. Possible suspension of operating license under Section 4(1)(b) NSC Act
“Foreign customs status” is a fiction once possession changes hands in Nigeria. Customs duty obligation attaches at point of sale, not at point of “buyer’s conversion”.
*Demand remains*: NCS should ask Grimaldi to produce:
1. List of all containers sold/disposed in Nigeria 2006-date
2. NCS SGD/Release Orders for each
3. Evidence of duty payment
4. List of buyers submitted to Customs
If they can’t produce it, then they owe the revenue and penalties.
Mr Okey IBEKE,
Principal Consultant, International Trade Advisory Services/ Editor – in – Chief, Business and Maritime West Africa
