Shippers' Council Sued •For Charging Illegal Fees

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Allship Logistics Limited, a Tema-based freight forwarding company, has dragged Ghana Shippers' Council (GSC) to court for charging unapproved fees at the Kotoka International Airport (KIA) and the country's border posts.

The company is asking for a judicial review of the decision of the Shippers' Council to impose fees outside its jurisdiction.

In an affidavit filed at the Commercial Division of the High Court by the Chief Executive Officer of Allship Logistics Limited, Robert Kutin, the company said it could not understand why sectional commanders of CEPS at Aflao and KIA would on the instruction of GSC, extend the payment for shipment notification form fees to the airport and border posts, contrary to the enabling laws.

Joined in the suit, filed by Sam Okudzeto on behalf of the applicant, is CEPS.

The suit stated that the notification form which attracts a fee of GH¢3.50 per transaction, which took effect from April 23, 2007, was nothing but an act of illegality and therefore asked the court to quash it.

The applicant is also demanding the refund of all fees collected since the instructions given to CEPS for the collection of the alleged illegal fees took effect on April 23, 2007.

“The Shipment Notification Form introduced by 1st Respondent (Shippers Council) is now a mandatory requirement by 2nd Respondent (CEPS) as part of the documents to be attached for the clearance of goods and services at the airport and land borders”.

The suit explained that since the enabling law (Shippers Authority Act 1974) specifically limits GSC to the carriage of commercial marine cargo by sea, it has no power to extend its operations to the airport and land borders where imports are carried out by air and land.

By the enabling law, GSC is only allowed to register shippers at a fee which is renewable annually, the affidavit stated, noting that “the fees charged amounts to an illegality.

“This amounts to illegality in the sense that any person applying his mind to it would come to the conclusion that since carriage of goods by air and land does not involve ocean transportation, the extension of the Shipment Notification Forms and their levy of GH¢3.50 per transaction is deviant of logic,” it added.

The affidavit further stressed that the levy charged by GSC amounted to procedural impropriety in the sense that the approval of the Minister was a condition precedent. In short, it put the cart before the horse, it said.

The writ noted that if GSC was desirous to extend its powers to the said places, it could only do so by an Act of Parliament.

The law suit therefore prayed the court to restrain GSC from continuing with its illegal acts and also stop CEPS from collecting the levy on its behalf.

The affidavit further pleaded with the court to order GSC to refund the monies illegally levied together with interest thereon to the applicants.

The summons said it would be in the interest of justice if the court authoritatively states the law for the future guideline of all parties concerned.

By Felix Dela Klutse