The President, National Council of Managing Directors of Licensed Customs Agents (NCMDLCA), Mr. Lucky Amiwero has petitioned the acting President, Yemi Osinbajo over planned commencement of the collection of the Practitioners’ Operating Fee (POF) by the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) as from August 1, 2017.
Amiwero in the letter which was copied to President Muhammadu Buhari and 10 others called on the acting President to stop the planned collection as it contravened the provisions of the Act establishing the Council, the judgement of the Federal High Court and the letter from the Office of the Secretary to the Government of the Federation.
“We hereby bring to the attention of His Excellency the acting President and Commander-in-Chief of the proposed illegal collection of Practitioners’ Operating Fees by the Federal Minister of Transport.
“It is in contravention of the statutes that established the Council for Regulation of Freight Forwarding, the High court ruling , the letter from the Secretary to the Government of the Federation on the dissolved Council since Nov. 2012 and the negation of concept of the Ease of Doing Business”.
He pointed out that the Financial Provision as contained in Part II section 6 of the CRFFN Act specifically stated that “The Council shall established and maintain a fund for the purpose of this Act, the management and Council of which shall be in the hands of the Council”.
He therefore argued that by the provision of section 6-(1), the proposed collection contravened the Act that authorized the management and control of such fund in the hand of the Council which he said had been dissolved since 2012 based on the Federal High Court ruling and the Letter from the office of the Secretary of the Federal Government of Nigeria, which outlawed the Register/ Staff of the Council to perform the function of the dissolved council.
Amiwero who is also the Managing Director of Eyis Resources Limited noted that the specific payment by freight forwarders as provided in Section 6-(2) (a) was the annual practicing fees payable by every freight forwarder determined by the Council, which according to him contravened the proposed collection and negated the provisions of the Act by extending such collection to the Seaports, Airports, Border stations.
“Inline with the provisions of Section 30 , the Fees for collection by Council for the Regulation of Freight Forwarding in Nigeria, as clearly specified in Section 30, states, “Fees include Annual Subscriptions”. As contained in section 30 of CRFFN Act, the freight forwarders’ function is to arrange the carriage or movement of goods along international boundaries and not the Seaports, Air Ports, but along international boundaries as specified in the Act”.
He continued,”The Secretary to the Government of the Federation’s letter addressed the statutory provision of the expired/dissolved Council, which function cannot be exercised by the Registrar /Staff who are not elected as member of the Council under section 2-(1) a-g (2) 7(3),which cannot manage and control the Fund without a council.
“The Federal High Court ruling on Suit No. FHC/LCS/5172 of 2008 as referred by the Court of Appeal, after judgment in the Federal High Court and Court of Appeal in favour of the Plaintiff, filed by the members of the National Council of Managing Directors (NCMDLCA) and was later, referred back to the High Court for Continued process. The High court’s ruling was delivered on 24 March 2015, which upheld that the tenure of the Council expired on 25 November 2012, that the council has vacated office, as there is no existing Council and no Council to deliver judgment. It formed legal decision on the proper position of the non existence of the Council as contained in Act which function can only be perform by the Council elected under Section 2 and presided over by Chairman/Vice Chairman under Section-2-(3).
“The Power of the Minster as contained in Section 5-(1) specifically states, the Minster may give to the Council direction of general character, which limits the function of the Minister to only when the Council is in place. Section 5-(2) Clearly states, prior to given a direction under Section (1) of this Section, the Minster shall serve a copy of the proposed direction on the Council and afford the Council opportunity of making representative to him. As provided in section 5-(1) 2 &7, the Minister cannot interfere in the affairs of the Council without a properly constituted council elected under the Provisions of section 2. The Council ceased to exist since November 2012 that limits the Minister to issue any directive concerning an expired council, which has been decided by the high court and the letter from the Secretary to Federal Government that houses the decision making body of Federal Government of Nigeria.
“The power of the Council to function is domiciled in sections 4 and exercised by the Chairman/Vice Chairman under section 2-(3) and not the Minister or Registrar, which has no legal authority to exercise any function in the Act without the Constituted Board.
“We as reputable organization which has served in almost 167 Federal Government Committee as attached, which includes Presidential Task Force on the Reform of Nigerian Customs(PTFRCS), Presidential Committee on Port problems, Presidential Committee on 48 hours Clearance etc, wish to implore the Federal Government of urgently intervene and stopt the illegal collection that is expected to forced on the License Customs Agents to pay the Illegal fees imposed by CRFFN, which is in contravention of the Secretary to the Government of the Federation, the Federal High court’s ruling and negation of the Act”.
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