When the Nigeria Customs Service introduced duty benchmark in February, 2012, it was met with stiff opposition by both the importers and licensed customs agents who argued that the new policy was an addition financial burden to them.
But justifying the policy, the Nigeria Customs Service accused importers and their agents of underpaying duty through various means, which included: under-declarations and concealment of imports.
When the Nigeria Customs Service introduced duty benchmark in February, 2012, it was met with stiff opposition by both the importers and licensed customs agents who argued that the new policy was an addition financial burden to them.
But justifying the policy, the Nigeria Customs Service accused importers and their agents of underpaying duty through various means, which included: under-declarations and concealment of imports.
And, allegedly on the strength of petitions which were written to oppose the benchmark, the Customs was forced to stop the seemingly bad policy in April.
For the few months that the benchmark was in place, the Customs was accused of introducing the policy so as to meet its N1.2Trillion target for 2012.
And as if giving credence to the accusation, reports of revenue collection by various commands indicate averagely low returns. There is really no command that has met its monthly or first quarter, 2012 target.
And just when everyone thought that Customs has forgotten about benchmark, there are feelers that the body of licensed customs agents has been polarised by the pro and anti benchmark elements.
First to open fresh debates on the controversial policy was the national president of Association of Nigerian Licensed Customs Agents (ANLCA), Prince Olayiwola Shittu, who at the PTML command of the association openly demanded for a reversal to benchmark, albeit on used vehicle alone.
A few days later, in an open letter published in a national daily, the national president of the National Association of Government Approved Freight Forwarders (NAGAFF), Mr Eugene Nweke facilitated a group of traders, importers and others to canvass for the return of benchmark. Instructively, the factional president of National Council of Managing Director of Licensed Customs Agents, Chief Festus Ejiofor, his counterpart at the Association of Registered Freight Forwarders, Nigeria and another chieftain of NAGAFF, Sir Jude Maduka were all signatories to the open statement. And by mid week, the chairman of Tin Can Island chapter of ANLCA, Mr Kayode Farinto came out openly against the reintroduction of benchmark.
Farinto pointedly told journalists last week that: "I am aware of what my President said and his call for benchmark, but to me, benchmark is not professional. Besides, that is not the position of ANLCA because our NECOM has not taken any such position."
Certainly, the push by freight forwarding associations is at variance with their earlier positions in February when the policy was first introduced. It will be recalled that they opposed it, when the Customs boss, Diko Abdulahi Inde came down to Lagos to troubleshoot. At the two fora (stakeholders meeting in Apapa and the town hall meeting at ASPAMDA), they expressed reservations about it.
When it was eventually cancelled in April, they jubilated, so one is currently at a loss as to the rationale behind the latest reopening of the benchmark debate. One can safely conclude that all the freight forwarding associations have had a rethink about benchmark and are now in support, if this is in the affirmative, then the question is: in whose interest is this push?
What has changed? One can safely hazard a guess that it is the reciprocal decision of the Customs to impose relevant sections of the Customs and Excise Management Act (CEMA) and the threat to begin seizures of all consignments that fall short of what the Act says.
This is likely to be the case because several containers are reportedly ‘abandoned’ in the ports because of fear of having them seized by Customs.
In essence, it is the implementation of Sections 46 and 47 of the CEMA by Customs and which could make many to lose their consignment that is actually behind the turncoat by licensed customs agents.
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