The Sea Empowerment & Research Centre has called on the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) to jettison the decision of the four out of the five registered freight forwarding associations on the methodology of electing the practitioners into the governing council of CRFFN saying that the decision was against the spirit of the Act setting up the council.
It will be recalled that four registered freight forwarding associations namely; National Association of Government Approved Freight Forwarders (NAGAFF), a faction of the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA), Association of Registered Freight Forwarders Nigeria (AREFFN) and the National Association of Air Freight Forwarders and Consolidators (NAFFAC) on the 8th of June, 2018 met at the headquarters of NAGAFF where they among other things rejected the election option and opted for the 15 elective positions to be shared between the five registered associations in the following manner; NAGAFF 6, ANLCA 6, AREFFN, NAFFAC and NCMDLCA 1 each.
On the 13th of June, 2018, the interim National Secretary of AREFFN, Mr. Chidi Anthony Opara wrote the CRFFN Registrar, Sir Mike Jukwe dissociating AREFFN from the resolution of the meeting called by the founder of NAGAFF, Dr. Boniface Aniebonam at the NAGAFF headquarters.
However, in a letter addressed to Dr. Aniebonam and copied the Minister of Transportation, ANLCA National President and CRFFN Registrar, and signed by the Director of Legal Services of the Centre, Barr. Kenneth Joshua, the Sea Empowerment & Research Centre described the decision of the associations as tantamount to a wrong and illegal intended composition of candidates into the Council, which according to it, “if not addressed, would create a gridlock or stumbling block in the maritime industry thereby frustrating the Federal Government’s drive on the ease of doing business in Nigeria.
The Centre noted that contrary to the resolution of the associations, the position was different under the provisions of the CRFFN Act 2007 adding that, “The Act specifically stipulates as regards to the composition of the freight forwarders into the council of CRFFN in Nigeria; section 2(1) the council shall consist of the following members from the register of freight forwarders. Kindly note REGISTER of Freight Forwarders NOT Associations or Union.
“A) One person who shall be elected by the Council from the members of the council as Chairman. B) One person who shall be elected by the council from the members of the council as Vice Chairman. C) Eight persons shall be elected by the freight forwarders for the first four years to reflect the practitioners at the two major maritime zones as well as cargo airport and land borders in accordance with the provisions of the Third Schedule to this Act.
“Kindly know that the eight positions shall be occupied by freight forwarders that are practitioners in the two major maritime zones and not members of the associations. G) Five persons elected from amongst the registered freight forwarders operating in each of the following zones; Western port, Eastern port, and Cargo Airport and Land Borders. From the above, the registered freight forwarders are only entitled to 5 representatives and not 15 as widely speculated”.
The Centre therefore listed some perceived wrongful implications of the decision of the associations as against the provisions of the Act to include; members according to the Act may be a natural persons (Individuals) or body corporate, the Act does not in any way whatsoever contemplate or specify a greater number of officers or membership or voting right to be given to any corporate body over and above that given to a private individual, the Act assumes equality of members irrespective of whether a body corporate or not and the Act provides that private individuals as natural person can contest.
Others are that there is no legal requirement that for an individual to contest, he must be a member of any of the above mentioned corporate bodies, the above decision is a denial of the right of private individuals to contest, even where the Act specifically mentioned some corporate bodies that must be members, it strictly specifies one member for each, it must be noted that none of the associations sharing 15 offices is directly among the compulsory body listed in the Act, private individual who are not companies or members of NAGAFF, ANLCA, AREFFN, NAFFAC, NCMDLCA etc. can be independently elected or appointed to be part of the governing body as long as they are in the register of the Council, and note that by section 40 of the constitution of Nigeria 1999, every person shall be entitled to assemble freely and associate with other persons and in particular, he may for or belong to any political party, trade union or any other association for the protection of his interest.
“Meaning that every individual have freedom to belong to or not to belong to any such association as NAGAFF, ANLCA, AREFFN, NAFFAC, NCMDLCA etc. it is therefore wrong to deny nonmembers of the named groups their lawful benefit because they refused to join the above listed organizations”, the Centre said.
It continued,” It is pertinent to note that any iota of wrongful decision on the part of the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) concerning this election would dastardly affect the performance and standard of the maritime industry and would mess up the federal government’s vision of achieving the ease of doing business in Nigeria especially in the maritime sector.
“We therefore advice that the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) be called to order and the controversial decision jettisoned”.
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