The Sea Empowerment & Research Centre has petitioned the Minister of Transportation, Hon. Chibuike Rotimi Amaechi seeking his intervention in the pending election of the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) Governing Council Chairman and his deputy as provided for in the Act that established the Council.
In a letter signed by the Head of Research Department of the Sea Empowerment & Research Centre, Dr. Eugene Nweke and copied the Secretary to the Government of the Federation and seven others, the Centre called on the Honourable Minister to rely on Section 5 of the Act to do all that was possible to ensure that the elected practitioners assume their professional leadership of the Council even though it may seem tasking, but a learning process towards efficiency.
Here are the full details of the letter;
Honorable Minister, Sir,
RE: COUNCIL FOR THE REGULATION OF FREIGHT FORWARDING PRACTICE IN NIGERIA (CRFFN), GOVERNING COUNCIL CHAIRMAN AND VICE CHAIRMAN ELECTION 2018 -2020 TENURE: AN APPEAL TO GIVE DIRECTION OF A GENERAL CHARACTER’ TO AVERT A SEEMING PROFESSIONAL DERAILS
It is the Sea Empowerment & Research Center (a registered NGO in Nigeria) management resolution, that, I should personally draw your attention on the above subject matter and offer a sincere professional counsel as a concerned stakeholder in the freight forwarding profession in Nigeria.
First, we are making this appeal, relying on the provisions of Section 5 (1) & (2) of Act 16, 2007, sub-titled: “Control Of The Council by the Minister” – which state in summary that: “The Minister may give to the Council directions of a general character or relating generally to particular matters with regards to the exercise by the Council of its functions and it shall be the duty of the Council to comply with the directions”.
Second, our appeal here is without prejudice, rather we are ethically and developmental driven, hence, as an individual, it is borne out of my passion and concern as a core practicing freight forwarding professional [RFFi 000022], with over 23years of practicing experience, privileged to have served as a Ministerial Appointee, Representing the South East Geo-Political Zone, and was actively involved in the regulatory processes in the second tenure of the first Governing Council (2010 -2012) and a certified trainer of the CRFFN/FIATA.
Third, that as provided in Act 16, 2007, the process of constituting the 32 Governing Council Members gained progress following the election of the 15 registered practicing freight forwarders by the practitioners on the 7th day of July, 2018 to join the already appointed 6 Ministerial appointees from the geopolitical zones and 11 appointed nominees representing critical institutions/agencies of the government involved or with interests in the freight logistics supply chain.
Fourth, that, this constitution processes shall be seen as ‘uncompleted’ in the eye of Section 2 1), (2), (3) of Act 16,2007, with the sub-title: “Membership of the Council”. Presently, practitioners are waiting for the effective conclusion of the process via the smooth election of a Governing Council Chairman/Vice, and the subsequent inauguration of the Governing Council by the Hon. Minister to commence its administrative tenure in earnest.
Fifth, that, unfortunately a conflict of leadership interests/ambitions seems to have erupted, causing industry dis-satisfactions amongst the professionals. This conflict of leadership ambition/interests is the crux of the matter, which necessitated this appeal to your good office to avert a seeming professional derails in the Council.
Sixth, the seemingly conflict of leadership interests arose when a campaign poster (for the office of the Governing Council Chairman) of one of the Ministerial geopolitical zone appointee was circulated in the social media. The practitioners perceived this as a deliberate action, which if not properly curtailed has the capacity to derail the principles of professionalism per excellence, as empowered by the Council Act.
As was generally opined, it is professionally unthinkable for a Freight Forwarder to retire and re- join the navy or any other profession, within two months without going through its established and foundational qualifying training programmes first, nor patiently grow within the ranks and files before or in order to acquires requisite professional experiences to be promoted into serious leadership positions. In other words, the need for a thoroughbred professional to pilot the Council cannot be over-emphasised.
Another like it being the insinuations in the industry domain that, since a retired military officer was appointed to head the Nigeria Customs Services, as such same should be replicated to the Freight Forwarders regulatory Council, such, should be disabused as it does not apply here, because the Freight Forwarders are not regimented careers officers, but core trained professionals in the maritime service provision industry.
These allusions are responsible for the present industry dis-satisfaction ahead of the election of the Chairman/Vice by the Governing Council members.
Seventh, that, a Standard Professional Governing Council leadership precedent/tradition has been established and in principle endorsed by the Ministry and the Nigeria Shippers Council (midwife of the Council) in 2008, with the following considerations:
a.) Section 2(1g) gave further impetus in support of the intents, spirit and letter of his Act 16, 2007 as a professionally inclined regulatory council, hence, “charged with the responsibility amongst others, to determining the Standard of Knowledge and Skills to be Attained by persons seeking to be Registered Freight Forwarders of Nigeria in accordance with the provisions of this Act, and other related purposes”.
b.) An Experienced Freight Forwarder who is duly elected, must at all time seen to have meet the conditions as provided in Section 13 (1), (2), (3),(4) & (5) with the sub-title:”Registration As Freight Forwarder” and Section 24 (1) & (2) with sub-title: “When a Person is deemed to Practice as a Freight Forwarder”. This section explains what entitles or qualifies a person to be registered as a freight forwarder under this act, which are: ‘entitled to be registered by professional academic qualifications (details explained therein) or entitle by 5 year working experience certification from a registered freighting forwarding firm’. In addition, it bares a person serving under the employment of the government not to perform the duties of a Freight Forwarder.
c.) Freight Forwarding being a distinct, versatile and dynamic profession, that is professional service oriented driven, like any other existing professions in the Country requires known, tested professionals with outstanding practicing experiences, impeccable character and professional passion to leads its teeming professionals of both young and old, in other to attain optimal efficiency in professional leadership delivery via consistent professional formulations of applicable regulations.
d.) A serving head of any freight forwarding associations were barred from contesting the Governing Council Chairman Election to avoid divided interests and acts of monopoly/domination or influencing regulations.
e.) The 6 Ministerial appointees from the geopolitical zones were also barred as their core obligations in the Council is advisory and reporting to the Minister on regulations it considers business unfriendly to his or her geopolitical zone. Please note sir, during the 2010 Governing Council Chairmanship election, as an appointee, I picked up and completed nomination form to contest alongside Aare Hakeem Olarewaju and Dr. Samuel Onyemelukwe (both elected) for the Governing Council Chairman, but was disqualified on these grounds.
f.) The 11 nominees representing one institution/agency or the other, were also barred from contesting on grounds that, as serving civil servants, gainfully employed, they are to adequately represent the interest of their respective institutions/agencies, as it relates to processes culminating into making professional regulations.
g.) It is on the premise of this consideration that the first and second Governing Council gained ascendancy to professional leadership under Hon. Tony Iju Nwabunike (1st Governing Council Chairman 2008-2010) and Aare Hakeem Olarenwaju (2nd Governing Council Chairman 2010-2012). Whereby, establishing precedent for a succession into the CRFFN – Professional regulatory Council leadership and administration.
Eight, that in view of the above notation, we plead as a stakeholders and patriots with the Honorable Ministers to please use his good office to save our council from a professional leadership derailment, by ensuring that, the collective professional aspirations and wills of the Nigeria Freight Forwarders who came out in their hundreds to elect their professional colleagues to lead them, make professionally driven regulations and represents them internationally (pursuance to the promotion of collaborations and exchange of expertise) is not dashed, by allowing appointees with core advisory and reporting interests to meddle into a professional leadership inclined governing council election.
Ninth, finally, in relying on the gospel of ‘freedom of expression’ may we reiterate that this appeal is without prejudice, nor any connotation of sentiments or an iota of bias, aside from performing a professional responsibilities as a practicing freight forwarder and as a core leader in the industry.
General Remarks:
It is to us and without prejudice to the court ruling of the Federal High Court that CRFFN is an agency of the Government, it is on record that the same interpretation is still pending at the Appeal Court for a redress.
However the ruling of the court has not in any way alternate the content of Act 16 of 2007 establishing the administration and management of the Council. In this regard the originality of CRFFN is intact on matters of electing the Chairman and Vice Chairman of the Council.
It is natural that with the ruling of the court, the Transportation Ministry shall continue to see the Council as an agency under it with full control including the election/appointment of the Chairman/Vice Chairman of the Council. In our opinion, the elected members are likely to perceive such action as mere intimidation and avoidable oppression.
We will rather counsel that the Honourable Minister of Transport may wish to rely on Section 5 of the Act to do all that is possible to ensure that the elected practitioners assume their professional leadership, though it may seems tasking, but a learning process towards efficiency.
However, it behooves on the Government to tilt its roles towards the actualization of a stable and sustainable professional regulatory leadership attainments of the Council, for overall industry efficiency in the transport industry.
It is with a sense of national consideration to the distinct and technical roles of the Freight Forwarders in the trade logistics and internal revenue generation concerns, that, propelled the lawmakers to structure the Act 16 2007 as obtains, with respect to the Governing Council.
At this juncture, the Honorable Minister may wish to consider and appreciate the fact that, the Freight Forwarding profession is noble and globally regulated by international standards and best practices, under the administration of FIATA.
Presently, for the exigencies of global participation, that the CRFFN, though not a Federating Association as required in status, registered and represents the Nigeria Freight Forwarders in that capacity at the FIATA, to fill in the long vacuum of aligning the Nigeria Forwarders in the comity of global Freight Forwarding Nations.
In practice therefore, it implies that, the FIATA may not necessarily condone any suspected acts of unprofessional conducts or breaching best standards as it affects the smooth administration/leadership of the Council, in line with the democratic principles and professional ideals in the context of a peaceful transitions in the regulatory Governing Council. Any acts that may suggest an imposition or otherwise in the Governing Council leadership may not send a professional signals to the global body.
Honorable Minister, this is an obvious fact to state, to enable you have a deeper and broad perspective of the situation on ground. Here again, we offer but our candid professional advice.
Please “Save the Freight Forwarding Profession.”, sir.
Thanks for your attention, God bless and endow you with greater wisdom.
Yours faithfully,
Fwdr. Nweke IfeanyiChukwu Eugene
Head of Research Department
Photo: Head of Research Department, Sea Empowerment & Research Centre, Dr. Eugene Nweke.
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