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Home » Is it right for the Nigeria Customs Service to issue operations license to NGAFF?

Is it right for the Nigeria Customs Service to issue operations license to NGAFF?

by Joshua
August 23, 2015
in Uncategorized

Gani Adeola (PRO, ANLCA at PTML)

Gani Adeola (PRO, ANLCA at PTML)
NAGAFF is a body which other practitioners are under, if they have been issued a practicing license, it means they are no longer an association, this is not right. ANLCA is the father of all associations, NAGAFF broke out of ANLCA, they are not custom brokers, they are freight forwarders, and if they are being issued a practitioners license this means that NAGAFF has become a corporate body and no longer an association, the members should look for alternative association to represent their interest, you cannot eat your cake and have it.
The CEMA says that if one or two people come together and form a corporate body, registered by CAC, they are entitled to be licensed. NAGAFF is supposed to look after the interests of their members, but now the members should look for another association that will protect their interest.
 
Barrister Osuala Nwagbara (Maritime Lawyer)
I asked myself, NAGAFF is made up of individual freight forwarders, if you now say that Customs granted them an operational license, have they now become a profit making organization?? Or does it entitle members of NAGAFF to a special privilege, NAGAFF is recognised under the Act setting up the CRFFN as an affiliate organisation just like we have the ANLCA, the National Council, AREFFN and others. So the license given to them by customs, is it a license that exists independent of the regulatory agency CRFFN? Or is it a  to trade as a profit-making organization? Or is it a license for members to enjoy rights which they have not enjoyed as freight forwarders? I try to look at the legal justification for granting a license, if I am given license to operate, it is to make profit, and NAGAFF is not a profit making organisation, their members have individual licenses that they use.
 
Aare Sanni Shittu (Vice Chair, BOT of ANLCA)
To every license there is a corporate entity that is licensed by customs, it is not an association, it is only CRFFN that is in charge of registering associations and practitioners, the Customs is only operating the CEMA which is the law. Before this can change it must pass through National Assembly. CEMA does not allow Customs to issue licenses to associations, you have got to be a corporate entity with a minimum of two directors, with a shareholding of about N1Million, they cannot issue license to individuals, it is only corporate entities and an association is not a corporate entity, it is just individuals of like minds coming together.
 
Ugochukwu Nnadi (NAGAFF Deputy National President)
?It is a good thing, it is rightly stated inside the CEMA and this is among the three categories of licenses to be issued, we got the license not to make money but to assist people, if you don't have a license you cannot capture your job and when you patronize people that have licenses you will pay, but with this now we can assist our people with the cheapest price possible. The CEMA stated it that corporate bodies, individuals and organisations could be granted practicing licenses by the customs, and NAGAFF is an organisation.

Ben Ndee (NCMDLCA)
I am not really in a position to justify the fact that NAGAFF has been issued an operating license by the customs. The CEMA specifically says that licenses are for organisations and not for association. I know NAGAFF as an association and not a corporate organisation but if that is the case maybe every other association should also work towards that direction to get a license on behalf of their members. I am a bit confused though, because the point is that a company is different from an association but they may have good intention to that effect thus there is need for clarification from NAGAFF leaders.
 
Jude Ige (Chairman AREFFN TCIP)
We only heard about the development on the media and frankly speaking how can that be possible, because I don't understand how that can be possible. It has never happened in the history of freight forwarding practice in Nigeria for customs to grant operating license to an association, but I think we need to get clarification from the president of that association to enlighten us better about the whole thing. At least we cannot say more than this until the president explains to us better.
 
Aboki Mustapha (Chairman NAGAFF TCIP)
It is a very welcome development, NAGAFF is an association registered by the Corporate Affairs Commission and if NAGAFF decides to obtain license for operation, then I think there is no problem associated with that and that is why individual or corporate organisations are always licensed by customs for them to operate. If NAGAFF is an association registered with CAC, it has every right to own its own license and that is how it should be. An individual can't get license to operate, rather an organisation so also is applicable to NAGAFF. As far as we are concerned in NAGAFF it’s an achievement and we will continue to applaud the ideas of the BOT and founder of NAGAFF for this initiative for making effort to obtain a license on behalf of the association.
 
Sheriff Akintayo (Stakeholder)
It is a welcome development in the industry because ordinarily there are benefits attached to individual licenses, but now that an association has been able to make a difference by obtaining a license on behalf of members, this speaks volumes. It will make the association to gain more recognition; it shows that they are responsible people because whenever an importer has issue with his consignment, the association will deliberate on solving the problem faster. Another thing is that granting the association license by customs will bring about speedy clearance of goods out of the port knowing very well that it’s an association’s business and customs will understand that such consignment is genuine after carrying out the normal examination on that consignment. The association clearing of containers or cargo pays better than an individual. There are so many benefits attached to this new development and I think NAGAFF should be commended for it, because it will help younger practitioners in the process.


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