Dr Boniface Aniebonam is the Founder of National Association of Government Approved Freight Forwarders (NAGAFF). In this interview with Shipping Position Daily, he speaks on issues regarding the recently-formed 100 % compliance team, the CRFFN amendment bill and other issues.
“The compliance team of NAGAFF is to add value and protect the interest of our members in the port”
What’s your take on the recent controversial issue of establishment of compliance team by NAGAFF and another one by sister association; ANLCA. We are aware that the CRFFN is up against this, what’s your take?
Telling NAGAFF to stop the compliance team is like infringing on the right of NAGAFF, I am talking about an infringement which is a breach to the constitution, the constitution of Nigeria is supreme to any other law, so our right to set up the 100 percent compliance team is within the ambit of the law. The constitution of Nigeria is supreme to that of CRFFN. Compliance is about our members, the major problem we have in the port today is about compliance to regulations, the inability of stakeholders to comply with the law.
When you are corrupt, you are not compliance, so what we are trying to do is to see the addition we can make out of value added to bring down the level of corruption in our port; which is the basis of non-compliance at the port.
For instance, when we use the word compliance, we will be talking about the Standard Operating Procedure (SOP) conditions. Let say the customs’ law, if you look at section 46, 47, 161, 162, it discusses the issue of untrue declaration.
But NAGAFF went to seal a bonded terminal?
We didn’t seal a bonded terminal, what happened there was that we asked our members to stop what they were doing; because we are no longer (by our action) protecting the investment of our members, in other words, we need to ask the management of the bonded terminal what is going on, because the pavement is waterlogged, containers are on ground goods are been destroyed.
Did you bring it to the notice of Shippers’ Council?
Shippers Council has the mandate at the macro level to protect the interest of shippers, and members of NAGAFF at a micro level. So NAGAFF and Shippers Council are on one side protecting the importer, while the CRFFN that you are talking about is a regulatory agency of the government. Of course, you know we are still in court and we are still saying that CRFFN is not an agency of the government.
But, that’s not relevant here
It is relevant, because in terms of regulation they don’t have that mandate to regulate us as it were.
But you are certified by CRFFN
Listen, we are under the regulation of the Transportation Ministry ab initio, we are to regulate ourselves and that is why, in Nigeria today, it is wrong for CRFFN to represent Nigeria in FIATA and I think there is the issue and the global body is asking questions. So, the compliance team of NAGAFF is to add value and protect the interest of our members in the port. We want them to be compliance to import regulations, we want them to make genuine declarations, we want them to follow the standard procedures and other regulatory agencies.
Are you not embarrassed that CRFFN have termed your action as illegal?
Why would I be embarrassed, the council is at liberty to do what they want to do.
But that’s the regulatory agency?
See, regulatory power is not in doubt and I have told you that we are also duly registered by the Corporate Affairs Commission under the law.
You are in conflicts with the CRFFN?
We are not in conflict with them and the CRFFN as it were, is to regulate and control us, I am sure they should have known better that freight forwarders of this country are suffering so much.
Was that why you had to take the laws into your hands?
It’s not taking laws into our hands, they registered us for collaboration, remember that we have been in existence before CRFFN came into being, so I will expect them to do better and to add value for us to see why they are regulating us.
Has the CRFFN failed you?
If you want to hear that clearly, we regret even having it. For record, NAGAFF facilitated the existence of the CRFFN; we are doing everything for CRFFN to stand because, it is the strength we have to add value in our professional standards. Now, the CRFFN I want you to know is meant to organize and bring all the contending voices together and then create a level of professionalism in our operations, and that has eluded us for almost 15 years now; nothing is working.
The Act is about to be amended, what will be your input?
The Act is being amended through the backdoor, because even though have seen the National Assembly has the statutory function of making laws in the country, but a matter that is before the Appeal Court, if you go behind to amend this, then it’s wrong, because the things we are canvassing at the appellate court are things they want to amend.
What does NAGAFF want to be amended, can you list them?
CRFFN is not an agency of the government and they are trying to make it to now be an agency of the government, they are also trying to amend the issue of tenure, I can go on and on.
Are you comfortable that the Chairman of the governing council should be appointed by the President?
It can only be amended when it is an agency of the government, now by the ruling of the court that the CRFFN is an agency, then one begins to wonder what kind of country are we, you as the chairman of the council (according to statutes) must be an elected member from the register of freight forwarders, so how does the President now appoint him?
Has NAGAFF made any input into the amendment process?
We have sent in our position, that we are in the Appeal Court against those things they (National Assembly) want to amend, because they got it through the backdoor.
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