Shippers’ Association crisis: Ogamba accuses BoT of illegal attempts to claim N13bn judgement fund

…. Insists he remains President

President of the Shippers’ Association of Lagos State (SALS), Leo Ogamba, has refuted claims of his removal from office by the association’s Board of Trustees ( BoT), describing it as laughable.

Ogamba alleged that the BoT’s actions are driven by a N13billion fund, part of a larger N3trillion fund payable into the Cargo Defense Fund account as a judgement sum being expected from shipping companies and terminal operators being a refund of Shipping Line Agency Commission ( SLAC) and progressive charges.

He explained t:hat the fund is out -of- court settlement between APM Terminals and Nigerian Shippers’ Council as well as registered trustees of the association and belongs to only verified shippers’ across the country.

Speaking at a press briefing in Lagos on Tuesday, Ogamba insisted he remains the constitutionally recognised President, having not committed any offense or violation of the constitution.

He said the BoT meeting of 11th June 2024, where he was purportedly removed was not properly constituted and illegal as he was not notified of the meeting.

According to him, the BoT, with only three members- short of the constitution’s required quorum of seven out of the 10- member body lacks the power to convene a general meeting or remove him as president.

He said, ” This BoT constituted themselves in 2008. Nobody knew that they were in existence. The record of the status report of the association was invalid, but immediately they heard that I signed the first N13 billion, being the judgement sum between APM Terminals Ltd, Shippers’ Council and Registered Trustees of Shippers Association of Lagos State, they woke up from their slumber.

“Their understanding has been negatively influenced. They have no idea where that judgment sum would be paid in, thinking that the money, which is about N3 trillion, belongs to them on the ground that they are entitled to 60-70 per cent of the money, with about 15 shipping companies involved.

“Cargo defence fund is limited by guarantee, meaning that even if you make N10 trillion profit, you cannot share it, and accessing the fund is by subscription. I am sure that none of these people paid that money. It is the money that shipping companies and terminal operators collected but ought not to have collected.

“In the circumstance, for you to have locus, you have to show evidence that you paid that money as a shipper. When the publication was out asking shippers to submit their bill of laden, only two submitted.

“The Nigerian Shippers’ Council had to go extra mile to meet these shippers for these bills of laden, on the basis of which the money that are now paying was determined. Shippers Association of Lagos State represents the whole shippers in the country by virtue of that judgment.”

Ogamba also revealed documents showing the BoT unlawful activities, including changing the association’s name without due process.

He disclosed that the disagreement stems from some individuals’refusal to comply with the constitution.

According to him, “evidence on record discloses that BoT came to office through the backdoor to the extent that they changed the name of the association from Lagos State Shippers Association (LASA) to Shippers Association of Lagos State (SALS).”

He explained that LASA was inaugurated by the Nigerian Shippers’ Council (NSC), approved by the Lagos State Government, and filed with the Corporate Affairs Commission (CAC).

Citing the confession of one of them, Femi Taiwo, in November 2023, Ogamba stated that the extant illegal BoT changed the association’s name from LASA to SALS “without due process but had problem filing the names of the new trustees” using LASA as they could not produce the original letter of approval, which is in the possession of the president, from the state government.

“They did not demand for it because they know that what they were doing is illegal. Nobody knew what happened not until 22-11-23 when Femi Taiwo confessed that they were not officially appointed.

“In the circumstance, they resorted to changing the name from Lagos State Shippers Association to Shippers Association of Lagos State without any newspaper publication to that effect.”

Noting that the only three members now in the BoT cannot form quorum Ogamba said the body “cannot even meet for their own meeting because the constitution provides that if quorum was not formed, the meeting cannot hold. So, these are the areas of conflict between the president and trustees. While the president is insisting that the right thing be done, the trustees say no.”

According to him, the same actors in the BoT had tried to bypass him and criminally sign the terms of agreement of the out-of-court settlement between APM Terminal Ltd and NSC on June 30th, 2023, using Mr. Nwagbara and the former president, Mr. Jonathan Nicole, but were refused by the NSC, which insisted that only the incumbent president would will sign, and they have been aggrieved since then.

He said a mediation agreement brokered by the Nigerian Shippers’ Council mandated a halt to SALS meetings until reconciliation.

However, he accused the BoT of holding further meetings, including one where they purportedly removed him, two days just before a scheduled mediation meeting called by the NSC on June 13th 2024 as agreed, and which the BoT and their supporters failed to attend.