The President, National Council of Managing Directors of Licensed Customs Agents (NCMDLCA), Mr. Lucky Amiwero has described as illegal the recent publications made in some national dailies by the Registrar, Council for the Regulation of Freight Forwarding in Nigeria (CRFFN), Sir Mike Jukwe on freight forwarders’ professional training and registration.
It will be recalled that Jukwe on Thursday 10th and Friday 11th of March, 2016 published in some selected national dailies notice of professional trainings to be carried out by the CRFFN in Lagos, Port-Harcourt, Kaduna and Abuja and the stipulated amount to be paid by the participants.
But in a letter to President Muhammadu Buhari dated 11th of March, 2016 and made available to Primetime Reporters, Amiwero contended that the Registrar who was a staff of the Council had no legal power to make such publication when there was no Governing council to which the Act establishing the Council conferred with the powers to direct such publication through the Registrar.
He maintained that the governing council was the only organ by the provisions of Section 6(2) a, b and c mandated by the Act to collect money on behalf of the Council adding that the Registrar had no financial, training or organizational function by the various provision of Council’s Act.
According to him,” The recent publication in the national dailies for registration and mandatory training by the Registrar, contravenes section 15 and 18, which conferred such power to the dissolved Council/ Governing Board. The Registrar who is a Staff of the Council cannot exercise any power without the constitution of the Council/Board.
“The Registrar has no legal right to publish any advert on behalf of non-existing/dissolved board, which forces the implementation, without the concurrence of the council/ Governing Board, by the Act, which contravenes all provisions of the Council Act due to Non- existence of the Council/Governing Board.
“The power of the COUNCIL/ governing Board to function is domicile in section 4 and exercise by the Chairman/vice under section 2-(3)
“The Council for the Regulation of freight forwarding in Nigeria, Register of freight Forwarders, Accredited training programmes and institution authorized published by the Registrar, was done one year (2013) after the Council has been dissolved, as such publication done by the registrar is clearly illegal as is not within his legal function by the Act.
“The body has existed for the past four (4) years without a properly constituted board, with very high rate of illegality carried out by the registrar and staff who are not legally accountable and are not legally recognized in the Act to perform such core function of section 4, which is the sole responsibility of the governing Board.
“It negates legal provision of the Act and has generated tension in the Port through their illegal conduct by the introduction of strange practice that is not contained in the Act”.
He continued,” The ruling of the Federal High Court Suit No.FHC/L/CS/5172/2008, which was won by the member of (NCMDLCA) later went to the appeal court and won by members of (NCMDLCA) and was referred back to the High Court, which delivered his ruling on the 24th of march 2015,, upheld the relief that the tenure of the Council/Governing Board Expired on the 25th of November 2012, that the Council has vacate office, and that no Council to deliver judgment.
“It form legal decision on the proper position of Non existence of the Council/ Governing Board and the Function of the Council/governing Board as contained in section 4 that can only be performed by the Council elected under Section 2 and presided over by the Chairman/ vice chairman under Section 2-(3).
“The Secretary to the Government of the Federation address the statutory provision of the Expired /Dissolved Board, which cannot be exercised by The Registrar/Staff, who are not members of the council”.
While describing the present action of the Registrar of the Council as having contravened all the provisions of the Act, the High Court ruling and the letter from the Office of the Secretary to the Government of the Federation, Amiwero who is also the Managing Director and Chief Executive Officer of Eyis Resources therefore appealed to President Buhari to address what he called illegality and imposition that negated democratic values.
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