The recent Federal High Court judgment stripping the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) of its authority to regulate licensed customs agents and collection of Practitioners Operating Fees (POF) has triggered deep divisions within the freight forwarding community.
While some stakeholders describe the ruling as a long-awaited liberation for customs brokers, others have dismissed it as a distraction orchestrated by disgruntled actors within the industry.
Recall that, a Federal High Court in Lagos judgment in Suit No. FHC/CS/765/2018 filled by a factional President of the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA), Mr Lucky Amiwero had averred that licensed customs agents are not under the regulation of the CRFFN.
Justice D.E.Osiagor in the ruling had declared that collection POF from licensed customs agents is illegal, while agreeing with the plaintiff that a freight forwarder is different from a licensed customs agent.
Responding to the ruling, the Registrar of CRFFN, Mr Igwe Kingsley had also dismissed reports making the rounds on various media platforms, describing them as misleading and aimed at sowing confusion within the freight forwarding industry.
Igwe, expressed deep concern over what he termed the “secretive manner” in which the judgement was delivered, noting that the process occurred without due notice to the defendants named in the suit. He stressed that such a move appears to be contrary to the principles of fair hearing and due process as enshrined in the Constitution of the Federal Republic of Nigeria.
In a detailed clarification, the CRFFN Registrar reaffirmed the Council’s legal mandate as established by Act No. 16 of 2007, which is now part of the laws of the Federal Republic of Nigeria. He explained that the Act empowers CRFFN as the legally recognised regulatory authority for freight forwarding practice in Nigeria.
Findings by Shipping Position Daily have revealed that although the Judgment has been hailed by some industry players as a landmark decision that reaffirms the autonomy of licensed customs agents, others have criticized the ruling as legally flawed and detrimental to the regulatory framework of the sector.
Speaking with our correspondent last week, a Chieftain and former Western Zone Coordinator of the Association of Nigerian Licensed Customs Agents (ANLCA), Sir John Oforbike described it as a landmark judgment that exposes years of misdirection, exploitation, and lack of accountability within the council.
Sir Oforbike further stressed that the CRFFN, which operates under the Federal Ministry of Transport, lacks the legal and administrative authority to regulate customs agents who are licensed and supervised by the Nigeria Customs Service under the Ministry of Finance.
Reacting to criticism that the initiator of the court case, Lucky Amiwero, was acting out of personal frustration for losing a past CRFFN council election, Oforbike dismissed the sentiment. “Forget about the messenger—focus on the message. That someone contested before doesn’t invalidate the facts. If there are anomalies in the system, anyone has the right to seek redress.”
Echoing Oforbike’s sentiment, another Chieftain of ANLCA, Pius Ujubonu threw his weight behind the judgment He argued that while freight forwarding and customs agency operations are related, they are not one and the same, particularly within the Nigerian regulatory context.
Ujubonu described the CRFFN Act as being counter-productive to the growth of the customs agency profession in Nigeria. According to him, the Act has empowered CRFFN without compelling it to bring major maritime stakeholders such as terminal operators and shipping companies under its regulatory purview.
The ANLCA Chieftain called on the government to either strictly define the roles of freight forwarders and customs agents under separate regulatory frameworks or bring all players under one umbrella with equal terms and contributions. “Let freight forwarders remain with CRFFN if they want. But if we must all fall under the same regulation, then we must do away with this exploitative license renewal system,” he asserted.
On the contrary, the Chief Ifeanyi Anakweze-led faction of the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) in a press statement made available to our correspondent last week, described the judgment as “unauthorized and irrelevant,” emphasizing that Mr. Amiwero is no longer a member, let alone a representative of the association.
Chief Anakweze reaffirmed its full backing of the CRFFN and its ongoing collection of the POF, in line with directives from the Honourable Minister of Marine and Blue Economy and the economic revival policies of President Bola Ahmed Tinubu’s administration.
Chief Anakweze further highlighted that all four registered freight forwarding associations accredited by CRFFN, including NCMDLCA itself, are complying with the directive. He applauded CRFFN’s training and capacity-building being funded by POF collections for enhancing professionalism in the industry.
“Clearing agents and freight forwarders are enjoying the benefits of the POF through a series of training and capacity-building education organized by CRFFN. Therefore, NCMDLCA is fully in support of POF collection and will continue to comply.” he noted.
On his part, President of the National Association of Air freight Forwarders and Consolidators (NAFFAC) and former member of CRFFN Governing Council, Mr. Yinka Bakare maintained that the current confusion stems from the lack of a universally-accepted definition of a freight forwarder within the Nigerian context. According to him, defining this role is crucial to resolving the ongoing disputes surrounding CRFFN’s regulatory authority.
Speaking on the recent court ruling, Bakare affirmed CRFFN’s right to appeal the judgment and urged stakeholders to remain calm and allow the legal process to take its course. He further stressed that the legal impasse reinforces the long-standing need for a review and reform of the CRFFN Act, which he described as outdated and in urgent need of modernization.
Bakare called on all parties to prioritize constructive dialogue, institutional reform, and judicial resolution over factional disputes. “CRFFN has the right to appeal
