SAYS: “NO ELECTIONS INTO GOVERNING COUNCIL UNTIL 2012”
Hope for elections into the governing council of the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) may have been dashed following an interpretation of the controversial Section 2(1) Paragraph (G) of the Act by the Attorney – General and Minister of Justice Alhaji Mohammed Bello Adoke, SAN in response to a request made by the CRFFN.
There have been apprehensions within the freight forwarding family over the correct interpretation of some contentious portions of the CRFFN Act. It has also pitched the Council’s leadership against a group of freight forwarding associations under the aegis of Central Working Committee of Freight Forwarders of Nigeria (CWCFFN).
The face-off also manifested in the claims’ verification exercise which was conducted by the CRFFN and which the CWCFFN attempted to scuttle.
Shipping Position Weekly confirmed last week that in the wake of the controversies over whether or not elections are due for the seats of the eight members who were elected about two years ago, the CRFFN had sought an interpretation from the Attorney General.
It was gathered that the Council’s registrar, Sir Mike Jukwe wrote a letter to the nation’s chief law officer on July 26, 2010. A copy of the letter which was sighted by our correspondent and which was titled “Request for Interpretation of Section 2(1) Paragraph (G) Of the CRFFN Act 16 of 2007” and with reference number CRFFN/AG.MJ/RG/001 specifically requested the minister’s advice.
The Attorney General in his detailed advise explained that the provisions of section 2(1) (g) means that 15 persons shall be elected from the three zones.
The Attorney General’s letter which our correspondent also sighted reads in part: ”It is my opinion, that this provision requires that for each of the three zones mentioned therein, five (5) registered freight forwarders should be elected from amongst registered freight forwarders operating in that zone. This translates to a total of fifteen (15) registered freight forwarders for the three zones being elected to the Council.
On the controversial elections into the Governing Council as stipulated in Section 2(1) (g) of the Act, the Minister submitted that the eight members who were elected in 2008 can not be replaced until 2012.
Specifically, the Minister in the letter also stated that: “I must however, point out that the provisions of section 2(1) (g) operate only in succession to the transitional provision of section 2(1) (c). This implies that the two sub- sections cannot be invoked simultaneously”.
Continuing he wrote that: “In other words, if there are freight forwarders already elected to the Council under section 2 (1) (C, the election of registered freight forwarders to the Council under section 2(1) (g) can only take effect after the tenure of those elected under section 2(1) [c) expires which should not be more than four years from the commencement of the Act”.
Shipping Position Weekly recalls that the ministry of transport had earlier waded into the controversy over the vexed issues of verification and elections when its permanent secretary, Mrs Edugie Abebe; through a public notice directed that freight forwarders should go for the CRFFN verification exercise.
The permanent secretary had also directed that elections should be held to fill the vacant post in the governing council between September 1 and 4, 2010.
The directive may have to be reversed consequent upon receipt of the Attorney General’s advice on the issues.
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