A recent press release by the National Association of Government Approved Freight Forwarders (NAGAFF) has shed light on the implications of the new Nigeria Customs Service Act 2023, particularly with regards to the regulation of Customs representatives.
According to the statement issued by Dr. Clement Iwegbuna,National Publicity Secretary, NAGAFF on Thursda,”the primary condition for being granted permission to become a Customs representative is contained in Part XII, Sections 103(4b) and 106(3d) of the Act, which stipulates that such a person must be a certified member of a freight forwarding association approved by the Federal Government.
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The release suggests that this development may be the reason why the Association of Nigeria Licensed Customs Agents (ANLCA) and the National Council of Managing Directors of Licensed Customs Clearing Agents (NCMDLCA) rejected the new nomenclature, “Customs Representatives.” The new law appears to recognize only members of NAGAFF and the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) as legitimate freight forwarders.
The release also advised the management of the CRFFN to stop challenging a court judgment obtained by a factional leader of NCMDLCA, which declared that Customs licensed agents are not freight forwarders. Furthermore, it suggested that ANLCA and NCMDLCA members may need to join NAGAFF to be conferred with the honor of “Customs Representatives.”
The implications of the new law and the court judgment are significant, as they may affect the operations of various freight forwarding associations in Nigeria.
The release called for an urgent meeting between the Ministers of Finance and Marine and Blue Economy to harmonize the operations of the Nigeria Customs Service Act 2023 and the CRFFN Act 2007.
PRESS RELEASE
CUSTOMS REFORM AND MODERNIZATION:
THE PRIMARY AND MOST IMPORTANT CONDITION FOR ANY PERSON TO BE GRANTED PERMISSION TO BECOME A CUSTOMS REPRESENTATIVE IS CONTAINED IN PART XII, SECTIONS 103(4b) AND 106(3d) OF THE NIGERIA CUSTOMS SERVICE ACT 2023.
MATTERS ARISING:-
Under the circumstances, more revelations have emerged as to why the ANLCA and NCMDLCA may have rejected the new nomenclature, “CUSTOMS REPRESENTATIVES ,” as enshrined in the NCS Act of 2023.
One of the reasons is that for any person to be conferred with the honor and privilege of being a customs representative, such a person must BE A CERTIFIED MEMBER OF A FREIGHT FORWARDING ASSOCIATION APPROVED BY THE FEDERAL GOVERNMENT
This simply means that all licensed customs agents associations and their members are not known or recognized by the new customs law, referred to as the Nigeria Customs Service Act 2023.
It is therefore very important to advise the management of the CRFFN to stop wasting their time challenging the court judgment obtained by the factional leader of the National Council of Managing Directors of Licensed Customs Clearing Agents (NCMDLCA).
The jubilation and support of the Association of Nigeria Licensed Customs Agents over the controversial judgment of the Federal High Court in Lagos in favour of Factional NCMDLCA is indicative of a vendetta against Nigeria customs service, the Council For The Regulation Of Freight Forwarding in Nigeria and the National Association of Government Approved Freight Forwarders
One begins to wonder whether the National Council of Managing Directors of Licensed Customs Agents and the Association of Nigeria Licensed Customs Agents understood the force of the law establishing the Nigeria Customs Service (NCS) Act 2023.
It is most unfortunate and regrettable, the level of ignorance among the leadership of these associations.
And for the NAFFAC and AREFFN leadership, we can only but put them in our prayers for God’s intervention to give them the wisdom to differentiate their left from their right, being a freight forwarding association known to the new Customs Act 2023 of the Nigeria Customs Service.
As it stands, it is only NAGAFF members who shall be privileged and honored to be conferred with the honor of “Customs Representatives,” and this is because a Federal High Court in Lagos has granted the relief that customs licensed agents are not freight forwarders.
It is therefore a misnomer for members of ANLCA and NCMDLCA to be conferred with the nomenclature of licensed customs clearing agents while noting that Customs and Excise Management Act of 2004 as amended has ceased to exist.
The implication of the Federal High Court judgment is that if you are not a member of NAGAFF and CRFFN, you cannot be referred to as a freight forwarder in Nigeria, and the new Customs Act 2023 cannot transact business with such a person
It is our hope that the CRFFN management shall immediately move ahead formally to deregister NCMDLCA, ANLCA, AREFFN, and NAFFAC, and replace them with four other young freight forwarders associations who have been seeking membership of CRFFN, and whose members have been paying Port Operating Fees (POF) to enhance Government revenue collection functions
The young freight forwarders and members of ANLCA, AREFFN, NAFFAC, and NCMDLCA are at liberty and free to approach NAGAFF and register themselves at the various offices of NAGAFF at the ports and borders if they wish to be conferred with the honor of Customs Representatives and equally become members of CRFFN.
This release is being endorsed to the Hon. Minister of Transport and Blue Economy, Hon. Minister of Finance, the Comptroller General of Customs, and the Registrar of CRFFN for their information and necessary action.
It is also our hope that the Honourable Ministers of Finance and Marine and Blue Economy, shall as a matter of urgency meet under inter-Ministerial Agency cooperation to harmonize the operations of the Nigeria Customs Service Act 2023 and the Council for the Regulation of Freight Forwarding in Nigeria Act 2007.
The importance of this harmonization cannot be overemphasized in the interest of Customs modernization, sustainable freight forwarding practice, industrial harmony and revenue collection drive to the Federal Government of Nigeria
Dr. Clement Iwegbuna
National Publicity Secretary, NAGAFF Headquarters, Lagos, Nigeria 2025
