TMDK challenges ISPS violation claims, seeks NIMASA’s nod to resume operations

TMDK Terminals Ltd. has refuted claims that it was shut down due to “persistent non-compliance” with the International Ship and Port Facility Security (ISPS) Code, insisting it has never deliberately disregarded maritime security directives and has taken “substantial” steps to enhance compliance.

In an official statement released Thursday, the terminal operator said, “Contrary to the impression created, TMDK has never at any time deliberately disregarded compliance directives or security protocols.”

While acknowledging NIMASA’s role as the Designated Authority under the ISPS Code, TMDK described the enforcement action as a result of a “mischaracterisation of our compliance status.”

The company clarified that there had been “no persistent non-compliance,” noting that it had “engaged constructively with NIMASA over the past months and has, in good faith, responded to all correspondences and recommendations from the Agency.”

TMDK added that “any minor lapses identified were promptly addressed,” stressing that “at no point were we under formal notice that we had exceeded the three-month window of non-compliance that could trigger a shutdown under Section 79(f) of the ISPS Code Implementation Regulations, 2014.”

The company said it had, over the past six months, undertaken “substantial upgrades to our port security infrastructure in line with international best practices,” including the “installation of advanced access control systems and surveillance technologies.”

TMDK also revealed that it had been preparing to formally invite the agency for reassessment, stating, “Prior to the enforcement action, TMDK had intended to submit a formal request to NIMASA for a re-inspection of the facility—an indication of our belief that compliance benchmarks should be met. It is disheartening that enforcement was initiated before this re-inspection could be carried out.”

While expressing reluctance to escalate the matter publicly, the terminal operator said it was “compelled to defend our operational integrity and correct public misperceptions.”

“We remain fully committed to all statutory requirements under the ISPS Code and request NIMASA to conduct an immediate re-evaluation of our facility with a view to lifting the shutdown and restoring normal terminal operations.”

The company warned that the prolonged closure of its terminal threatens critical cargo movement and trade facilitation. “Our terminal handles critical cargo for domestic and regional markets, and the continued closure has far-reaching implications on supply chain efficiency and trade facilitation.”

In conclusion, the company called for collaborative engagement, stating, “TMDK Terminals remains a willing partner in the national quest for secure, compliant, and efficient maritime facilities. We call on NIMASA to collaborate with stakeholders in an atmosphere of mutual respect and transparency as we all work toward enhancing Nigeria’s maritime security posture in line with global expectations.”

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