…Wants Customs to focus more on unapproved entry points
The National Association of Government Approved Freight Forwarders (NAGAFF) has expressed concern over the way and manner the officers and men of the Nigeria Customs Service carry out their anti- smuggling function.
The National Publicity Secretary of NAGAFF, Mr. Stanley Ezenga who made the position of the association known in a statement he issued in Lagos said that the association was not comfortable with the methodology employed by the service to execute its anti-smuggling function.
Ezenga pointed out that with the exception of goods like fire arms, hard drugs, manila, blank invoice, used tyres and so on, the expectation of NAGAFF was that Customs should target all traded goods with the intention to evade Customs duty and bring them to focus for duty payment and penalty therein.
He described as unfortunate a situation where the Service preferred seizure which according to him tended to provoke the traders and the alleged smugglers of trade goods to resort to their desperate acts to confront Customs officers violently.
“Without prejudice to the powers of the Customs to patrol freely within the country in search of goods suspected to have evaded Customs duty, it is a law that such patrol and visit to areas of concern must be under reasonable intelligence gathering. This aspect of Customs duty is falling under ancillary function wherein the real operation should be centered at the entry points. The entry points herein referred to, should be all approved seaports, airports and land borders. This underscores the real meaning of Customs and Excise as it were. The real meaning of Customs duty connotes duty paid at the entry points whereas excise connotes duty paid by excise traders.
“The subject matter under reference is the avoidable death of officers and men in the hands of smugglers arising from the inherent abuse of anti-smuggling operations. It is on record that internal trade corridors have been under breach in the name of anti-smuggling functions of the service. For example, a trip from Lagos to Onitsha will record at least a minimum of 14 Customs check-points and it becomes more worrisome where State Commands are found mounting road blocks on the Federal highways in disregard to the lawful directives of the Comptroller General of Customs.
“It is also absurd to note that goods which were properly cleared and released by proper Customs officers at the seaports and border locations are being held on the city roads and Federal High-ways by the same Customs officers of the organization. This is without prejudice to Sections 149, 150 and 158 of CEMA, .i.e. the powers to search vehicles, ships and person respectively. The key word here is the abuse in deploying these powers in relation to trade matters”, he said.
The NAGAFF’s spokesman noted that it would be more meaningful if the Nigeria Customs Service acts pro-actively by apprehending consignments which come into the country at the unapproved entry points before they come into the country rather than the current practice of obstructing trade in the name of anti- smuggling drive.
According to him,”In the opinion of NAGAFF, the Customs should focus attention at the unapproved border locations with a view to bringing into focus trade goods coming into the country with the intention to evade Customs duty. The mischief which the anti-smuggling activities of the Customs is set to cure is to block all loopholes leading to revenue loss. It is needless reminding the service that Nigeria is going through economic recession and it shall be responsible on their part to be part of the solution in our country rather than the present approach wherein local traders are being harassed, extorted and intimidated over trade goods which are usually bought in the open market with receipt of purchase.
“If one of the cardinal mandate of Mr. President to the CGC is to enhance revenue collection, it would in our opinion be logical for trade goods not to be seized but rather the owner be made to pay appropriate duty on such goods with a penalty. This will be synonymous with killing two birds with one stone. Not only will it serve as a deterrent to would-be smugglers but will enhance revenue collection.
“The present idea of seizing and destroying or auctioning such goods negate the principle of enhanced revenue of the Service. As a country, we should be conscious of the fact that a depleted stomach infrastructure usually leads to violence on the part of the affected which we should mitigate where it is within tolerable limit.
“We shall continue to remind the Customs management that under destination inspector regime, Customs examination over-rules documentary evidence on revenue matters collection. In other words the emphasis for Customs duty collection is predicated on proper Customs examination wherein inventories of importation are made for Customs purposes”.
While regretting the loss of precious souls of the nation’s gallant Customs Officers, in the line of duty, Ezenga observed that it was the association’s hope that the Customs management would put in place mechanism that would guarantee the security and safety of officers at all times.
He further stated that it was in the opinion of NAGAFF that President Buhari should appoint a serving or retired customs officer with the pedigree and grasp of customs matters which he said was highly technical and global in nature as the substantive Comptroller General of Customs adding that, “trade related matters is the hub of every nations economy and as such we should give it due consideration in our actions”.
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