The National President, National Council of Managing Directors of Customs Licensed Agents (NCMDLCA), Mr. Lucky Amiwero has restated the illegality of the Practitioners’ Operating Fees as proposed by the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) saying that the Act establishing the CRFFN did not recognize it.
In a letter he addressed to the Secretary to the Government of the Federation (SGF) and copied the President, Commander-in-Chief, Muhammadu Buhari and four others, Amiwero disclosed that practicing fees of any type within the ports by any association or union was cancelled through the Nigerian Ports Authority (NPA) Memo with reference number HQ/AGM/MKT/OP/R.2/891 of September 2003.
According to him,” Transaction fees is illegal as it is not the fees allowed to be collected in the Act. The only recognized fees to be collected is an annual practicing fees payable by freight forwarders (only persons) registered, not associations , not companies or licensed customs agents under Section 6 (2) (a) which is the only approval under Section 30 of the interpretative section that specified the fees as annual subscription.
“As a member of Presidential Committee of Customs Reforms 2010, member of import clearance procedure of 2013 and Task force for the review of Port charges, the introduction is in contravention of WTO Articles VIII as such fees are not allowed that is not tied to service but only increase cost to our ports that is most unfriendly within the sub-region with multiple cost”.
On the powers of the Honourable Minister of transport as provided for by the Act that established the CRFFN, the NCMDLCA boss reiterated that the power of the Minister was contained in Section 5 (1) of the Act which specifically stated that the Minister may give to the Council direction of general character which according to him limited the function of the Minister to only when the Council is in place.
“Section 5 (2) clearly states, prior to giving a direction under Section 1 of this Section, the Minister shall serve a copy of the proposed direction on the council and afford the council opportunity of making representation to him.
“By the provision of the Section 5 (1&2), the Minister cannot interfere in the affairs of the council without a properly constituted council under the provision of Section 2 which has ceased to exist since November 2012. So, any decision taken by the Minister after 2012 November without the Council has no legal effect based on the Act”, he said.
He therefore informed that the power of the Council to function was domiciled in Section 4 and exercised by the Chairman/Vice Chairman under Section 2(3) and not the Minister or Registrar who he said had no legal authority tpo exercise any function in the Act.
He continued,” By the provision of Section 11, the Registrar’s employment can be terminated by the Council who employed him due to lack of provision of condition of employment”.
Send your news, press releases/articles to info@primetimereporters.com. Also, follow us on Twitter @Reportersinfo and on Facebook at facebook.com/primetimereporters or call the editor on 07030661526.
