Even as the Minister of Finance, Dr Ngozi Okonjo Iweala has requested for the original draft of the controversial Customs and Excise Management Act that is currently before the Senate, there are indications that three versions of the bill are currently in circulation.
In manner similar to the equally controversial Petroleum Industry Bill (PIB), stakeholders are currently in possession of an online version, another version which is in hard copy, while the copy that the Senate subjected to a public hearing last week is also different.
Even as the Minister of Finance, Dr Ngozi Okonjo Iweala has requested for the original draft of the controversial Customs and Excise Management Act that is currently before the Senate, there are indications that three versions of the bill are currently in circulation.
In manner similar to the equally controversial Petroleum Industry Bill (PIB), stakeholders are currently in possession of an online version, another version which is in hard copy, while the copy that the Senate subjected to a public hearing last week is also different.
However, a source who works with the Senate committee on Customs admitted that there are only two versions. According to him, “the fake draft that you are referring to is not the one that is before the Senate, whichever one we have is the original”.
But our correspondent also confirmed that excerpts are being taken from the CEMA Cap 84, 2005 and have been ingrained into the new bill. There is also what is now known as international CEMA, which was the basis for the amendment; there is also the one that is being repealed totally.
The move for the new Customs law is allegedly being spearheaded by the Comptroller General of the Service, even though it originated from the House of Representatives where it was sponsored by Honorable Leo Ogor.
Unlike what is being touted, the bill is actually cited as; Nigeria Customs Service Act., because the Customs claims that it has no statutory law to govern its operations.
But, a member of the Committee on Review of Customs, Mr Lucky Amiwero faulted Customs for being desperate to force its preferred law on other stakeholders. He disclosed that the claim by the Customs that it had no law, and said that as far back as 1993, the Customs and Excise Amendment Decree specifically recognised the Department of Customs and Excise and referred to it the Nigeria Customs Service. A copy of the Decree was sighted by our correspondent last Friday.
However, a member of the management team of the Nigeria Customs Service told Shipping Position Daily on Friday that, “as far as we are concerned, the only Bill is the one that is before the Senate”, even as he admitted having seen some funny insertions in some documents that are being circulated as the CEMA. What has passed through the Senate is the authentic one”, he averred.
He exonerated the Service’s Comptroller General, Alhaji Dikko Abdulahi from any wrongdoing. According to him, “he means well for the service, people are saying all sorts of things about him, is he going to be there permanently.”
But, our correspondent also learnt last week that the differences in the drafts are as they concern the roles and powers of Customs.
Shipping Position Daily recalls that the minister of finance had at the Senate public hearing condemned what she referred to as an attempt to undermine the powers of the President and that of the minister over the Customs Service.
She had argued that the Nigeria Customs Service can not be independent of the fiscal policies of the Federal Government, even as she appealed to the Senate committee on Customs which is chaired by former governor of Kaduna state; Alhaji Hammed Makarfi to strike out areas where according to her, the Customs wants power for itself.
Observing that the bill vested too many powers in the customs Comptroller General, the minister had said that: “We do not consider this a good bill at the moment, in terms of the economic development of the country and we think that it would need significant amendment of some sections”.
“With the present bill, the policy making and executing powers are all vested largely in the Customs and are not separate.
“We believe that the bill should separate policy making powers from the executing powers, so that they can be properly aligned.
“Many of the powers of the president that are granted in the former bill have now been rescinded and many of the powers of the minister in the former bill have also now been rescinded,” she observed.
She further observed that the bill vested too many powers in the Customs at the expense of the president and the minister, thereby making it inimical to the economic goals of the government.
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