Following the Federal High Court Ruling in Lagos which declared that the collection of Practitioners Operating Fee (POF) by the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) from Licensed Customs Agents is illegal, the President of the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) Lucky Amiwero , has said the Council will seek for a refund of all payments made.
Amiwero, at a press conference in Lagos on Friday July 4, 2025 said his organisation being a body of licensed customs agents is a distinct professional body different from freight forwarders, who are the sole concern of the CRFFN.
He explained to journalists that the NCMDLCA shall follow due process in ensuring that licensed customs agents are not unlawfully obstructed from accessing the port to perform their lawful duties or made to pay monies that have been declared illegal by the court
The court ruling by Justice D.E.Osiagor also noted that the CRFFN Act of 2007 was established to regulate freight forwarders and cannot be applied to customs agents without breaching statutory and constitutional safeguards. As such, any overlap in practice or port access does not justify regulatory conflation.
The court was absolute in its ruling stating that “Only the Minister of Finance, acting through the Nigeria Customs Service, is statutorily authorised to regulate the business and operation of Licensed Customs Agents.”
Section 2 of CEMA explicitly defines “Minister” as referring to the Minister of Finance, while Sections 153 and 156 detail the licensing, oversight, and fee structures for Licensed Customs Agentss.
Nowhere in the Act is the Ministry of Transportation or that of marine and blue economy empowered to interfere in the regulatory affairs of customs agents.
He queried the use of the POF collected in the past stating that nothing tangible has been done with the funds so far collected by CRFFN from LCAs . He stated there are no infrastructure or any development project attributable to the fund and stated that even if the CRFFN and Ministry of Marine and Blue Economy try to appeal the case, the NCMDLCA is ready for meet them in court.
Amiwero emphasised that the most important thing is that LCAs are free to carry out their activities without disruption and this would change the face of the maritime industry.
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