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Home » Do We Need A New Customs And Excise Management Act?

Do We Need A New Customs And Excise Management Act?

by Joshua
April 3, 2011
in Uncategorized

Chief Paul Umoru [Retired Customs Officer]

Chief Paul Umoru [Retired Customs Officer]
The Customs and Excise Management Act is a very old law and I must say that during my active years in service the Act is still the same as the one that is in use today.  I think there is need to review the Act because things have changed, the way the Nigerian Port is managed today is quite different from the way it was about 10 years ago. The Nigeria Customs Service is expected to collect  for the nation therefore the Act needs to looked into so  that the young officers can be equipped with the modern day trend of activities surrounding the nature of his job.

Mr. Alfred Ozomena [Importer]
Some junior officers do not know about this Act which is older than some of them, but I remember that the law was reviewed in this millennium I can’t remember the year and I don’t know the outcome of that issue. The customs are there to collect revenue for the government, so there should be room for the Act to be appraised to check out customs activities. If it is reviewed with the way customs want to operate at the port now it will be new innovation for everybody and to the Nigeria Customs Service.  
Livinus Onwugbolu [Maritime reporter]
The Act should be reviewed ,even some of the customs officers are not in tune with the existing Act ,then you talk about the clearing agent themselves many of them don’t have the knowledge of the Act even, they don’t know what it is all about. There should  so they should be a kind of education to educate the agent and the customs officers themselves especially the younger officers on that act and the enlightenment should be often .That act has been there for many years since 1957 or there about and some the practice is no longer envogue and to some it is an out dated law. The way of doing things in life for good record is for change to be constant, ways of transacting international and local business needs to effect a change so that we can all move with the modern trend of our society.The globe is change why should n’t  the act be effected . That is why I said the Customs and excise Management act be upgraded.

Chukwudi Ike (Clearing Agent)
The law calls for real re-adjustments because this is what we have been using for the trade from the beginning, and looking at it a lot of water has passed under the bridge since 1958, and it becomes obsolete because it is no more in tandem with present day situation, this is why I said it should be reviewed at least to bring it in line with what is obtainable in other countries, more so now that Nigeria is now a full member of World Customs Organization. We should be able to fall in line with what happens in Singapore and Mauritius which is said to be the third country in Africa in terms of maritime activities while Nigeria was recorded 146th in the world. I was in the committee that went to the manufacturers’ associations’ house two weeks ago when the task force for the review of CEMA met with us, as at now we have made a position paper. Also, it is a global practice, CRFFN should be working in collaboration with the view to who really is a freight forwarder vis-à-vis our current CRFFN registration. It is only right that freight forwarders should be made to carry licenses, but it should have a modification, this should be something that should be looked at in collaboration with the CRFFN.

Oladipo Bolade (Asst. National Secretary, ANLCA)
There is need for a review, the laws that are still in line with present day practice should be adopted while those that are old are the ones that should be reviewed, for instance freight forwarding can not be removed from CEMA, freight forwarding is a chain, there is the custom agent, there are those in transport and so on, it all depends on where you fit in that chain. If there is no custom broker, agent or representative, it then means that there will be no revenue because the custom can not go all out to generate revenue from the importer. If you look at it very well, we might agree that customs should retain the power of licensing, it is of two parts, if they retain the function, it then means that they still have power over the agent as a moderating organ, but provided the issue of license is being channeled through the Council for the Regulation of Freight Forwarding, it will be better because they will now know that whoever is a member of the CRFFN can now apply and procure a license from the customs.

Anonymous (Freight Forwarder)
It is ideal and it will be very important, let the customs Act guide customs and its operations as the police Act guides the police and its operations, it has nothing to do with other security agencies and individuals, If CEMA comes out and it states the functions of the customs, it is a welcome development, the CEMA in operation was formulated in 1958 by the colonial masters but now it is outdated, in fact some of the punishments there are mentioned in pounds and shillings. Customs cannot do without us, but the CRFFN can now control our own function while CEMA should be based on customs activities alone. So in my own opinion, the CEMA is long overdue for review, and if they can draw a distinct line between the customs and the agents, it will be okay because the port is under the ministry of transport while the custom is under the ministry of finance, so freight forwarders through the CRFFN can now be under the ministry of commerce and industry, so if they can draw that straight line whereby CEMA controls customs and its operations, it will be okay.

Celestine Okafor (Clearing Agent)
The CEMA definitely calls for a review because CEMA is completely out of date, essential modern technologies and procedures such as the use of Information and Communication Technology (ICT), application of risk management and other modern technologies need to be incorporated into the new law in order to suit our job. Customs operations in Nigeria is also not up to date compared to other countries which belongs to the World Customs Oganisation which Nigeria also belongs to.The law did not provide a proper legal basis for applying important international agreements relating to customs procedures. If the CEMA is reviewed, it will further enhance trade facilitation, effectiveness in revenue generation for the federal government and it will mobilize our officers into compliance with global best practices.


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