…Seeks Police protection for CRFFN officials, CAFFA leadership
ANLCA maintains position on POF
Following the controversies surrounding the collection of the Practitioners’ Operating Fee (POF) by the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) across all the entry points in Nigeria, a group of freight forwarding associations in support of the collection of the POF by the CRFFN, Concerned Accredited Freight Forwarding Associations (CAFFA) has called on the Minister of Transport to deregister the Association of Nigerian Licensed Customs Agents (ANLCA).
This was contained in a Communiqué issued in Lagos on Monday and was signed by the National President, Association of Government Approved Freight Forwarders (NAGAFF), Dr. Eugene Nweke, the National President, National Council of Managing Directors of Licensed Customs Agents (NCMDLCA), Chief Festus Ejiofor, National President, National Association of Air Freight Forwarders and Consolidators (NAFFAC) and the National President, Association of Registered Freight Forwarders of Nigeria (AREFFN).
It will be recalled that the CRFFN on the 4th of May 2015 issued a public notice announcing the commencement of the Practitioners’ Operating Fees across all the entry point in the country on the 11th of May, 2015, an action the National Executive Committee (NEC) of ANLCA frowned at thereby directing its corporate members to suspend payment pending the outcome of the meeting between a committee set up by ANLCA and the Management of CRFFN on the way forward as regards the collection of the fees.
But CAFFA at the end of its meeting advised the Honourable Minister of Transport to as a matter of urgency deregister ANLCA from the register of freight forwarders in Nigeria relying on Section 5 of the Act establishing the Council.
The Communiqué read in part,” the Honourable Minister, having in mind the enormity of the flagrant abuse and disrespect for the constituted authority of the CRFFN is being advised to as a matter of urgency deregister the Association of Nigerian Licensed Customs Agents (ANLCA) from the register of freight forwarders in Nigeria relying on Section 5 of the CRFFN Act. This to us will serve as deterrent to others who might contemplate taking such action/s in future. It is our belief that we should nip this act of impunity in the bud”.
The group further hinted that its leadership had reassessed the recent physical attacks on the officials of the CRFFN and other associations at Seme border and that from all facts available to it, it had become necessary for the leadership of CAFFA to protect and to secure the lives and properties of its members as provided within the ambit of the law.
While calling on all its members to be security conscious as they go about their lawful duties, the leadership of CAFFA however advised members to shun all forms of retaliatory actions pending the outcome of the Federal Government of Nigeria’s position on the matter.
It further read,” we hereby reaffirm our unflinching loyalty to the FGN (Federal Government of Nigeria) through CRFFN. We are solidly behind all actions so far taken by CRFFN as it concerns the collection of POF approved by Federal Government of Nigeria. We condemn in its entirety, the attack on the CRFFN officials at Seme border on Tuesday, the 19th day of May, 2015 by members of ANLCA being a premeditated action based on the directive of ANLCA NEC as contained in the Communiqué issued on Thursday the 14th of May, 2015”.
“We urge the general public and our numerous members to discountenance the letter purported to have emanated from the office of the Secretary to the Government of the Federation (SGF) to one Mr. Uchu Block on the basis of which “Ships and Ports”, made a publication that FGN has stopped the collection of POF. That the four associations unanimously agreed that the CRFFN should enforce the collection of POF immediately, as approved and gazette by FGN, which is to fast track the process of capacity building for Registered Freight Forwarders in Nigeria”.
“In view of the (3) above, we do hereby seek police protection around the CRFFN officials as they effect the collection of POF and the leadership of CAFFA. We do hereby state categorically that further illegal collections by ANLCA in all entry points (Airports, Seaports and Land Border Stations) must stop forthwith. We do hereby call on SAHCOL, NAHCO and all the Port Terminals and ICDs to take note of the item 7 above and transfer all funds so far collected to CRFFN”.
It continued,” CAFFA wishes to categorically request the Honourable Minister of Transport to act in accordance with the provisions of Section 5 of the CRFFN Act to give direction of essential character where and when necessary. The lawlessness of ANLCA in the ports should be checked now to discourage other associations from taking a cue from them. Concerned Accredited Freight Forwarders Associations (CAFFA) set up eight Standing Committees namely; Technical and Intelligence Committee, Publicity/Media Committee (Conventional and Social), Contact and Mobilization Committee, Special Duties Committee, Legal Committee, Welfare Committee, Finance Committee and Security Committee”.
On the coming election into the governing council of CRFFN, the Communiqué stated, “it is a fact that those who refused to learn from history will live to repeat the same mistake. It is a fact that the general intention of the CRFFN Act is to have an all-inclusive Council where all the accredited associations are fully represented. With the benefit of hindsight, we recall that the first election into the governing council was massively rigged and this resulted in the Council being dominated by one of the accredited associations. This, we know sounded the nunc dimitis of that Council. That was the fundamental reason for its deficiencies”.
“Now that the election into the council is approaching, we in our collective resolve, to have an all inclusive Council to include members from all the accredited associations, recommended that the 15 (fifteen) members that are to be elected into the coming Council should be on pro-rata basis of the accredited associations according to their national spread and strength”.
“We agreed as follows; NAGAFF-5, ANLCA-4, NAFFAC-3, NCMDLCA-2, AREFFN-2. This Communiqué should be taken as working document for the Honourable Minister of Transport and the Registrar of CRFFN in accordance with the CRFFN Act”.
But in a swift reaction, ANLCA urged its corporate members and the general public to disregard what it called the illegitimate communiqué and go about their normal business as the position of the National Executive Council (NEC) of the association still stands, that is corporate members would only pay to CRFFN when the Governing Council is in place.
In a rejoinder issued by the National Publicity Secretary of ANLCA, Dr. Kayode Farinto, a copy of which was obtained by Primetime Reporters however argued that the name “Concerned Accredited Freight Forwarders Association (CAFFA)” was not registered by the Corporate Affairs Commission under the Allied Acts, thus this development according to ANLCA was tantamount to another illegality in the freight forwarding industry which must be investigated by the Nigeria Police Force adding that the procedure for registering a company by the Corporate Affairs Commission was well known to all.
According to Farinto,” furthermore, ANLCA is an organized and democratically established association and as much as we recognized the Act 16 of 2007 which established the Council (CRFFN), ANLCA will not be part of any illegality by the staff of the council. Section 2, subsection 1 (A-G) stipulates the membership or composition of a Governing Council, anything outside that is an aberration and illegality. In view of this, we state clearly that the position of the National Executive Council (NEC) of our great association ANLCA still stands, which states that our corporate members will only pay to CRFFN when the Governing Council is in place”.
He drew the attention of CAFFA to Section 5(1) which states as follows; “that the Minister may give the Council directions of general character or relating generally to the particular matters (but not to any individual person or case), with regards to the exercise by the Council of its function and it shall be the duty of the Council to comply with the direction” adding that the above section was explicit which simply means according to him that the Minister will give direction to the Council as stated in Section 2, subsection 1 (A-G) and not to the Registrar even as he argued that the Minister would not give direction to an individual as stated in the bracket above.
“Section 5, subsection 2 states as follows, prior to giving a direction under section 1 of this section, “the Minister shall serve a copy of a proposed direction on the Council and shall afford the Council the opportunity of making representations to him with respect to the direction and the Minister may after due consideration of any representation made to him thereof, issue the direction either without modifications or with such modifications as appear to him to be appropriate having regard to the representations”.
“The above subsection 2 clears all ambiguity as to the fact that before the Minister will even make such direction, he must give the Governing Council opportunity of making representation to him. The signatories to the communiqué have succeeded in misleading their cohorts”.
“Lastly, the letter from the Office of the Secretary to the Government of the Federation with reference SD/P/251/V/892, dated 29th of April, 2015 also said no staff of the Council has the power to exercise any function pending the election of the Governing Board and any violation will be treated with the appropriate reprimand. The authenticity of the said letter can be confirmed at the office of the Secretary to the Government of the Federation”, Farinto posited.
