There are strong indications that the Association of Nigerian Licensed Customs Agents (ANLCA) may be seeking out-of- court settlement in the case between the association and other Freight Forwarding associations, over collection of the controversial Practitioners’ Operating Fee (POF).
ANLCA had last year dragged the Permanent Secretary of the Federal Ministry of Transport; Council for the Registration of Freight Forwarding in Nigeria (CRFFN) as well as the Inspector-General of Police to court to stop collection of POF by the CRFFN.
Also joined in the suit filed at the Federal High Court, Ikoyi, Lagos were : the Attorney-General of the Federation; National Association of Government Approved Freight Forwarders (NAGAFF); National Association of Freight Forwarders and Consolidators (NAFFAC); National Council of Managing Directors of Licensed Customs Agents (NCMDLCA); the Association of Registered Freight Forwarders, Nigeria (AREFFN); National Aviation Handling Company (NAHCO); Skyway Aviation Handling Company (SAHCOL) and the West Africa Container Terminal Association (WACTA).
In a Motion on Notice filed by Ayodele Olaniyi on its behalf, ANLCA is asking the court to grant an order of interlocutory injunction restraining the defendants by themselves, their agents, servants, employees, assigning, representatives and/or privies from further collection of the Practitioners Operating Fees pending when the Governing Council of the CRFFN will be elected and or re-constituted and pending the final determination of the suit.
ANLCA is also seeking an order of mandatory injunction restraining the 3rd defendant (Inspector-General of Police) from using his instrument of office to coerce and intimidate its members into paying “the illegitimate fees” pending “when the Court will make its final pronouncement on the matter”.
However, when the matter resumed for hearing on Tuesday at the Federal High Court, Ikoyi, ANLCA sought for adjournment to brief the Attorney-General of Federation and the Inspector-General of Police.
Speaking with Shipping Position Daily, the President, Association of Registered Freight Forwarders of Nigeria (AREFF), Frank Ukor who said he was in court said the lawyer to ANLCA sought for adjournment to brief the AGF and the IG.
According to Ukor, the lawyer stated that the incumbent AGF was not in office when the case was filed, but he would want to brief him on the issue.
The case was adjourned till March 16, 2016 for further hearing.
Ukor however told our correspondent that NAGAFF and NCMDLCA have not been sending counsel to the court since the start of the case.
He said, “NAGAFF, NCMDLCA’s lawyer were not there but AREFF, NAFFAC and Sahcol are the only associations with counsel”
“NAGAFF lawyer didn’t come. The last time the case was heard, the lawyer came when the Court has dismissed but this time, he didn’t show up at all” he said.
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