The National Council of Managing Directors of Licenced Customs Agents ( NCMDLCA) has called on President Bola Tinubu to implement an extant regulation on reducing the number of government agencies working inside the nation’s ports.
In a letter signed by it’s President,Lucky Amiwero ,the council drew the president’s attention to what it described as the lengthy and cumbersome procedures in the Port, and the need for the implementation and enforcement of the Executive order.
According to Amiwero,the order was premised on the reduction of security agents and a one-stop-shop process as provided in the Port (related offences, Etc.)(Admendment) Act No.61 of 26th May 1999.
In the letter made available to JournalNG Amiwero said the order was made by General Abdulsalami Abubakar
” As a result of conflicting interpretation of the 1999 Budget Speech on Port Reforms announced by the then Head of state, General Abudulsalami Alhaji Abubakar, the Honorable Minister of Transport issued clarification of the authorized Agents who are to be in the Port and perform examination reference no MT.206/S.70/VOL.1V OF 20 January 1999.”
” Subsequently, the secretary to the Government of the Federation , clarified, the agencies that are to be in the port in reference ECD/P/32/S.1/37 OF 28TH January 1999, the only agencies authorized to be at the point of examination of Cargo and clearance of Import”
” The Managing director of Nigeria Port Authority, through directive issued out Memo , reference RE:- implementation and enforcement of policy measures enunciated in the 1999 budget speech of the head of state, commander-in chief of the armed forces of the federal republic of Nigeria, general, Abdulsalami Abubarkar of 3rd of March 1999 reference, md/25/Cir./51 of 1 February 1999″
” Further clarification was made by, the Managing Director on the examination of Cargo, which was clarified that is the primary responsibility of the Nigeria Customs Service, who can invite, any other Agency as considered necessary to participate , the Nigerian Police is to be invited on request, and are to protect the Cargo and personnel so to have a peaceful operation in the port”
” Various Circulars and Memo on the reduction of security Agents, from the Head of State, the Secretary to the Government of the Federation, the Honorable Minister of Transport, the Managing Director of Nigerian Ports Authority (NPA) and the National Facilitation Committee of (FAL/IMO), facilitate directive in to the enactment of the Act, tagged , Port (Related offences, etc) Admendment) Act No.61 of 1999″
Amiwero, who had served in several government committees including the committee on the reform of the Nigeria Customs Service,revealed that the Government in a bid to reduce the number of Security Agents in the Ports issued out circular that was never obeyed, which prompted the Federal Government under General Abdulsalami Abubakar to enact Act No. 61 of 1999.
“It was facilitated by the Inter-Ministerial Committee of National Facilitation (FAL/IMO) in line with FAL/IMO convention to Facilitate Maritime Traffic by simplifying, Minimizing and Harmonizing processes and procedure in the arrival, stay and departure of ship and cargo and the application of World Trade Organization(WTO) Trade Facilitation Agreement(TFA) World Customs Organization Kyoto Convention on the Harmonization and Simplification of Customs procedure”
” The National Facilitation Committee (FAL/IMO) midwifed the process of the Port (Related offences,Etc)(Admendment) Act No. 61 of 1999, in which National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) served as a member.”
He however explained that the Port (related offences, Etc.)(Admendment) Act No.61 of 1999, was enacted for the purpose of reducing the number of Security Agents entering the Port and participating in the Examination of goods and also to have a one-stop-shop process in the Port.
The NCMDLCA National President highlighted agencies allowed into the port and to be involved in examination and clearance of goods according to Section 1-(1A) of the Act.
” Anything to the contrary contained in any law or enactment, including the Customs and Excise Management Act, the Nigerian Ports Authority Act of 1999 and the Federal Airport Authority Act 1996, it shall be unlawful for any person, not being a duly authorized officer or agent of any of the following namely: The Nigeria Customs Service, The Nigeria ports Authority, The Federal Air port Authority of Nigeria, The Nigerian Immigration Service, The Port Police; and inspection agents, Licensed Customs Agents(LCA) .
Lucky Amiwero further stated that the provision of Section (1A) of the Act Provide for Lead Agency and a One -Stop-Shop process under the control of Nigeria Customs Service(NCS).
” The provision states, without prejudice to the provision of subsection (1) of this section, the Nigeria Customs Service may if it considers it appropriate, by written notification, require the presence of any other relevant agency of the Federal Government in the course of the administration of the Customs and Excise Laws with respect to importation or exportation of goods in any port.”
He urged the Federal Government to implement the Port (Related offences , Etc.,(Admendment) Act , and make port procedures easy to carry out in order to upgrade the ports.
” As member of the National Facilitation Committee of International Maritime Organization(IMO/FAL) Member presidential Task Force to Reform Customs, Member Presidential Committee on Realization 48 hours Clearance of goods from Nigerian Ports, Member Presidential Committee on Destination Inspection, Member Import Clearance Procedures and Implementation of Fiscal policies, Member Task force on the review of levies, charges and rates at the port, Member special committee on action-plan for clearing cargo backlog at Lagos port
” We implore the Federal Government to act and address the lengthy, cumbersome procedures and Costly process in our Ports System by implementing the Port (Related offences , Etc.,(Admendment) Act , so as to free the Port from bottle necks and make our port a preferred Port within the sub-region” he concluded”.
