With the recent passage by the Senate of the Nigeria Customs Service Management Bill, the long wait to getting a new set of rules to govern the operations of the Nigeria Customs Service is about to end.
Although, still awaiting concurrence at the lower House of Representative, the Bill appear to be revolutionary, going by the details have emerged.
While presenting the report, the chairman of the Senate committee on Customs; Senator Hope Uzodinma said the Act establishing Customs had not undergone a major overhaul since 1958.
He said the passage of the bill would help to reposition the service which was one of the major sources of revenue generation for the Federal Government.
Consequently, he laid the Bill, which was eventually passed. The new Bill is scrapping the Customs board, which is headed by the Minister of Finance. It also seeks to reintroduce pre-shipment inspection of cargoes destined for Nigeria. The bill also seeks that the appointment of a Comptroller-General from the service by the President is subject to confirmation by the Senate.
We agree with the Senate that there is a great need to review the Customs and Excise Management Act of 1954.
The first Customs and Excise Management Act (CEMA) was enacted in 1954 and since then, there had been many amendments, but there was never been any comprehensive efforts to get a completely new set of laws for the Nigerian Customs Service, until 2013.
Apart from failure to enact a new law, government has over the years, inaugurated committees and task forces to either review or restructure the service; the last being the one headed by former permanent secretary, Federal Ministry of finance, Mr Ochi Achinivu.
We recall that while inaugurating the committee, the then-minister of finance had observed that: “The Customs that we need is not one that not only does its job professionally, but also lives up to its billing as the prime agency at the nation’s ports, by actively seeking solutions to the challenges that port users face and advising government proactively on them. “We can’t afford to keep losing trade and revenue to neighbouring countries as we currently do.”
There is no doubt that the Nigeria Customs Service does not enjoy favourable rating by Nigerians on the corruption perception scale. The average Customs officer is perceived as a clog in the wheel of clearing of cargoes, be it at the seaports, airports or land borders. Whatever law that will reform the Customs is therefore a welcome development.
We are happy that the Senate is also conscious of this; hence, Senator Uzodinma said that, the new CEMA will create Commission that will take charge of discipline, conduct, training, deployment of officers.
Apparently created to white down the influence of the Finance Minister, the proposed Customs Commission will also have powers of oversight on the various customs operations.
All said however, we are a bit uncomfortable with the provision that the Chairman of the Commission will be appointed by the President. It seems like the Senate is desirous of a Customs that it can subtly control through the instrumentality of confirmation of its chairman.
Also, why must the chairman of the commission be a former Comptroller General of Customs? This provision amounts to limiting the choice. As at today, there are only about five substantive former CGs of Customs that are available; one is already ruled out by virtue of being traditional ruler.
We think that the qualification should be extended to Deputy Comptrollers General All DCGs of Customs are potential Customs CGs.
The proposed re-introduction of pre-shipment inspection is not good for the nation’s economy. The Nigeria Customs Service has effectively taken over the responsibility of destination inspection of goods imported into Nigeria. It has been doing this for a few years now and we think that rather than kill the Customs zeal, the new Customs Bill should rather strengthen the Service by equipping it with all necessary tools to be able to harness the gains of destination inspection for which the Customs has been using the Pre Arrival Assessment Report (PAAR).
The Nigeria Customs Service has been rated low in the area of trade facilitation. It has been blamed for obstructing free flow of trade into and out of Nigeria. Rather than try to make the Customs more accountable to it, the National Assembly should enact a new Customs Bill that will assist the service to improve on its performance as a revenue earner for the Federal Government.
Finally, it is hearth-warming that the new Bill has penal clauses with recommendations ranging from dismissal to imprisonment for Customs officers who violate the provisions.
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