The President, National Council of Managing Directors of Licensed Customs Agents (NCMDLCA), Mr. Lucky Amiwero, has petitioned the Acting President, Prof. Yemi Osinbajo on the Nigerian Ports Authority (NPA)’s inclusion of the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) registration as a condition for freight forwarders to be issued with a port pass to enable them conduct their business at the nation’s seaport.
Amiwero who recalled that the licensed customs agents were authorized to practice their profession under section 153 subsection1 and 2 of the Customs and Excise Management Act wondered how licensed customs agents would be caged under the guise of CRFFN when all he needed to carry out his function was customs license.
He stated that section 153 conferred power to the licensed agent to perform any function relating to import, export and manufacturing adding that the legal instrument to grant permit in to the port was from the customs legal Notice 3 that conferred authority to Nigeria Port under Customs control area, which specifically authorized the licensed customs agent to perform their daily function.
He further recalled in a statement made available to TheNiche newspaper that the Secretary to the Government of the Federation’s letter addressed the statutory provision of the expired/dissolved council which function cannot be exercised by the Registrar or staff who were not elected as member of the Council under section 2-(1) a-g (2) 7(3).
On the power of the Minister of Transportation in the CRFFN, the NCMDLCA boss submitted,” The Power of the Minster as Contained in section 5-(1) specifically states, the Minster may give to the Council Direction of general character, which limits the Function of the Minister to only when the Council is in place. Section 5-(2) clearly states, prior to given a direction under section (1) of this section, the Minster shall serve a copy of the proposed direction on the Council and afford the Council opportunity of making representative to him.
“As provided in section 5-(1) 7(2), the Minister cannot interfere in the affairs of the Council without a properly constituted Council elected under the Provision of section 2. The Council ceases to exist since November 2012 that limits the Minister to issue any directive concerning an expired council, which has been decided by the High Court and the letter from the Secretary to Federal Government that house the decision making body of Federal Government of Nigeria”.
He continued, “The Federal High Court ruling on suit no. FHC/LCS/5172 of 2008 as referred by the Court of Appeal, after judgment in the Federal High Court and Court of Appeal in favour of the Plaintiff, filed by the members of the National Council of Managing Directors (NCMDLCA), which was later, referred back to the High Court for Continued process. The High court ruling was delivered on 24 March 2015, which upheld that, the tenure of the Council expired on 25 November 2012 that the council has vacated office, as there is no existing Council and No Council to deliver judgment
“It formed legal decision on the proper position of the nonexistence of the Council which can only be performed by the Council elected under Section 2 and presided over by Chairman/Vice Chairman under Section-2-(3).
“The licensed custom agents are now restricted by Nigeria Port Authority, with the strong connivance of the management to enter the port even with all the legal process, which the licensed custom agents undergone to procure their practicing license yearly, which is the only instrument to practice in the port as contained in section 153 of (CEMA), Customs legal Notice 4, port (relate Office) (amendment) Act 61 of 1999 and Customs legal Notice 3, which resulted to payment of various fees by the licensed customs agents to CRFFN before NPA will issue Port pass, which is in contravention of the Act 61 of 1999, CEMA and the letter from the secretary to government of the Federation, the Federal High Court ruling and the provision in the act that limit the staff to perform the function of the CRFFN without a Board.
“The restriction has resulted in the payment of demurrages by the licensed customs agents due to restriction from the port to performing their normal function in which the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) inform the management through letter dated 7th of June 2017 without any response.
“We as reputable organization which has served in almost 167 Federal Government Committee’s as attached, which include Presidential Task Force on the Reform of Nigerian Customs(PTFRCS), Presidential Committee on Port problems, Presidential Committee on 48 hours Clearance etc, wish to implore the Federal Government to urgently intervene on the illegal imposition that has forced the License Customs Agents to pay the Illegal fees imposed by CRFFN, which restricted the License Custom Agents from performing their legitimate function as contained in the various laws”, Amiwero stated.
