Tin Can Island Customs Reaffirms Legal Basis for Enforcement Action on MT NY Maria Over Unauthorized Discharge

Tin Can Island Customs Reaffirms Legal Basis for Enforcement Action on MT NY Maria Over Unauthorized Discharge

The Nigeria Customs Service, Tin Can Island Port Command, has clarified the circumstances surrounding its enforcement action on the vessel MT NY Maria, following reports suggesting irregularities in the handling of the matter. In a statement issued by the Command, Customs said the operation was carried out in strict compliance with the Nigeria Customs Service Act, 2023, and standard port procedures.

According to the Command, officers of the Boarding and Rummaging Unit boarded the vessel on Saturday, 23 May 2026, upon its arrival from Dangote Refinery to conduct routine documentation and compliance checks. During the exercise, it was found that the vessel did not possess complete documentation, particularly the mandatory Last Port Clearance required from the port of origin. The vessel’s agent was granted a two-day window to produce the outstanding document. In the meantime, the vessel was lawfully sealed and placed under Customs control pending compliance.

The Service stated that contrary to the directive issued, intelligence received on Wednesday, 27 May 2026, indicated that the vessel had commenced discharge of Premium Motor Spirit at the MRS Terminal, Dantata Jetty, without obtaining the requisite Customs clearance and while still under official seal. When officers mobilized to the terminal, they encountered resistance from security personnel stationed at the facility. Despite the obstruction, the officers gained lawful access to the premises and directed the ship master to stop the unauthorized discharge immediately. The ship master was asked to report to the Enforcement Unit to provide statements regarding the incident. The vessel was subsequently resealed in line with established procedures. Customs emphasized that the ship master was not arrested but was only invited to make statements as part of ongoing investigations.

The Command explained that the actions taken were fully supported by the Nigeria Customs Service Act, 2023, specifically Sections 30 to 35, which deal with Customs controls, inspections, examination of goods, verification of documentation, and enforcement within Customs Control Zones. Section 31(2)(b) designates international seaports as Customs Control Zones, while Section 31(4) requires that imported goods be unloaded, inspected, assessed, and cleared only under Customs supervision and authorization. The discharge of PMS by MT NY Maria without clearance and while under seal constituted a violation of Sections 46 to 58 of the Act, which cover reporting obligations, goods declaration, presentation of goods, unloading procedures, and release of goods under Customs control.

Customs noted that the Act empowers officers to board, inspect, detain, and enforce compliance measures on vessels and cargoes operating within Customs-controlled areas. Sections 212, 222, 223, 225, and 226 provide clear legal authority for officers to enter premises, inspect vessels, regulate boarding procedures, patrol freely within Customs areas, and detain ships where violations are established or reasonably suspected. Offences of this nature attract sanctions under Part XXXI of the Act relating to seizure, forfeiture, detention, condemnation, and penalties for non-compliance with lawful directives. Investigations into the incident, including the obstruction encountered by officers during lawful enforcement, are currently ongoing.

The Service reiterated that no vessel, terminal operator, shipping company, or individual is above the law. 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 Nigeria Customs Service restated its commitment to facilitating legitimate trade while ensuring strict adherence to national fiscal, trade, and security regulations. It urged the public to rely on verified information from official channels and to avoid spreading misleading narratives that could undermine lawful enforcement actions and public confidence in regulatory institutions. The Service said it would continue to discharge its statutory responsibilities professionally, transparently, and without fear or favour in safeguarding Nigeria’s economic and national security interests.

The clarification was signed by Chief Superintendent of Customs Oscar Ivara, Public Relations Officer for the Customs Area Controller, Tin Can Island Port Command.

By prince Benson Davies