For the second time in about four months, the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) was last week reminded about what is simply becoming its albatross- the difference between a freight forwarder and a licensed customs agents and the fact that a licensed customs agent is a freight forwarder, but a freight forwarder may not necessarily be customs agent.
In November last year when the Council was to elect a new chairman and vice chairman, it was the contentious issue of the definition of a freight forwarder that cost Mrs. Charity Ezenwa her aspiration of becoming the Council’s vice chairman.
The overwhelming membership of non-licensed customs agents in the governing council would have got Mrs. Ezenwa what she wanted, but for the fact that she is a high-ranking civil servant (deputy director) in the same ministry of transport which superintends the Council.
It will be recalled that the first licensed customs agent to counter Mrs Ezenwa’s qualification was ANLCA chieftain and former chairman of the Apapa port chapter of the association, Chief Peter Obi who said categorically that: “Mrs Ezenwa is not freight forwarder by virtue of the CRFFN Act, Section20” This position was also supported by her opponent; Dr Sam Onyemelukwe who argued that his opponent is a civil servant and not a freight forwarder. “Let us be guided by the Act and our conscience”, he had said and facing his opponent he asked: Can you see yourself as freight forwarder and not as a civil servant?” Dr Onyemelukwe eventually emerged as the vice chairman.
It will also be recalled that in their contributions, the national presidents of both NAGAFF and ANLCA, Mr. Eugene Newke and Prince Olayiwola Shittu were not too distant from the positions of other ‘practitioners’ who believe that CRFFN is a creation of the parliament for the freight forwarding practitioners. Nweke was unequivocal when he told the gathering that the CRFFN Act does not favour the candidacy of Mrs Ezenwa.
It was the submission of both the immediate past national president of ANLCA, Chief Ernest Elochukwu and the outgoing chairman of the CRFFN governing council, Mr. Tony Nwabunike that finally nailed Mr Ezenwa and apparently forced her to stand down her ambition.
And last week in Abuja, the Comptroller General of Customs, Alhaji Abdulahi Dikko Inde brought the issue to the fore again – that the Nigeria Customs Service was established by the Customs and Excise Management Act, while the CRFFN is a distinct agency also established by an Act of the National Assembly.
Although the Registrar of CRFFN; Sir Mike Jukwe had attempted to down play the issue when he pointed out that “the customs licensed agent is the major segment of freight forwarding”
But, he went ahead to fire what appears like the first salvo when he called the attention of the Customs boss to relevant sections of the CRFFN Act. He called the Customs boss attention to Section 19(1) and 19(2) of the CRFFN Act 16 of 2007. The two sections deal with the most contentious issues which Customs and its allies do not want to reckon with, that is the requirement that the Nigeria Customs Service will require a CRFFN – issued certificate of registration from licensed customs agent before issuance of customs license.
Shortly after this statement, the Customs boss became uncomfortable and at a point told his guests that the Nigeria Customs Service is first before any other having been established more than 100 years ago. He stated unequivocally that later- day creation must fit into what Customs is.
The positions that were also taken by two senior officers of the Customs who were at the meeting equally underscored the undercurrents about the suspicion by the Nigeria Customs Service. Assistant Comptroller General, Julius Nwagwu pointed out that “the definition of freight forwarding is too restrictive, we expressed this fear in 2005 at the national Assembly when the Act was being put together, we now have overlaps”.
The legal adviser to the Nigeria Customs Service who was also part of the meeting was however blunter when he stressed that: Our CEMA does not recognize freight forwarding, may be the CGC will form a small committee to look at the lapses”.
However, it was the national president of Association of Nigerian Licensed Customs Agents who eventually appealed to the Customs boss to cooperate with the CRFFN, even as he acknowledged that there is a misconception about the role of CRFFN and the role of Customs vis a vis the CRFFN Act. But he quickly added that the CRFFN will not succeed without the support of licensed customs agents “who derive their Authourity from the Nigeria Customs Service”.
But the sooner the licensed customs agents come to terms with the fact that they are in the minority in the governing council the better for them.
Nomenclature or not, majority of those who today want to be addressed as freight forwarders are licensed customs agents – simple.
Freight forwarding, as captured by the Act is ambiguous and open-ended, such that anyone can lay claim to being a practitioner either by possession of relevant qualifications or by just being involved in the supply and logistics chain.
Unless this ambiguity is corrected, there is the possibility that in not-too-distant future, the so-called non- practitioners will dominate the governing council of CRFFN and that will further set the Council on a collision course with the Customs.
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