NAGAFF dissociates self from planned May 4 strike at Lagos port

…As Dr. Aniebonam says NAFDAC should take responsibility over controversial rice Customs delivered to some States***

Members of the National Association of Government Approved Freight Forwarders (NAGAFF) with jobs to do in the nation’s ports would continue undisturbed, as the NAGAFF on Sunday totally dissociated itself from the planned May 4 strike at the Lagos Port.

The President of NAGAFF, Mr Increase Uche, in a statement issued in Lagos, warned that any member that associated itself with the strike would be treated as a dissident by the association.

“The management of NAGAFF has been inundated with various dimensions of information to carry out a protest including withdrawal of services by some aggrieved freight forwarders at the nation’s seaports as from May 4.

“This protest according to reliable information at our disposal is in connection with the flouting of the directives given by the government authorities to shipping companies and terminal operators.

“The directive is to grant waivers on shipping container demurrage from March 30 to April 3 and storage/rent charges on all goods at the port’s terminals from March 23 to April 27.

“NAGAFF wishes to dissociate itself from the said protest and to warn that any NAGAFF member who chooses to be part of the protest does not have the mandate of NAGAFF and shall be treated as a dissident by the association,” he said.

The waiver palliative was brokered by the Nigerian Shippers’ Council (NSC) and Nigerian Ports Authority (NPA) as succour to shippers/ consignees.

The waiver was aimed at reducing the effects of the Presidential directives on the lockdown slammed on Lagos and Ogun as well as the FCT and the attendant skeletal services provided by the various parties in the maritime supply chain.

Uche said that all these were in the efforts by the government to sustain the availability of essential goods to the populace and to save the economy from total collapse.

He said that they felt and cherished the concerns of the freight forwarders who had been toiling and incurring avoidable operational risks in rendering services in obedience to the Presidential directives in keeping the ports operational as essential logistics service providers.

He added that it was in the light of the patriotic zeal already exhibited by the practitioners and the importing public that the association appealed to their teeming members and all freight forwarding and logistics service providers to remain calm.

Uche urged members to exercise restraint and give the authorities the chance to address this issue of impunity by the service providers.

President of NAGAFF, Mr Increase Uche

“Findings have revealed that while some shipping companies and terminal operators tried to comply initially with the directives, some did not, thereby forcing the compliant ones to renege to the extent of reversing the invoices already raised in compliance with the waiver directives.

“The concerned regulatory authorities: the NSC, NPA and the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) have been fully briefed with documentary evidence of the proof of the various contraventions by the shipping companies and terminal operators.

“Let me remind us that freight forwarding is a noble profession with huge reputational risks, which demands that we must exhibit professionalism in all our conduct, especially in maintaining the code of professional ethics that guides the profession.

“Protest or withdrawal of service should be the last resort when all avenues for dialogue must have been exhausted in all circumstances,’’ he said.

Uche said that NAGAFF had absolute confidence in NSC, NPA, and CRFFN in resolving the current impasse between the freight forwarders and the service providers (shipping companies and terminal operators) on the matter of the waiver palliatives.

He, therefore, urged the government agencies to activate their regulatory powers in calling the service providers to order.

“Finally, I want to assure our teeming members that NAGAFF shall not relent in its public policy advocacy dialogue in ensuring that every independent freight forwarder operates in a friendly ecosystem while carrying out his/her business at the seaports and the general supply chain.

“In the same vein, all freight forwarders are enjoined to always remember to keep safe by complying with all the guidelines in curbing the spread of the deadly scourge of the COVID 19,” the NAGAFF Boss also said.

Earlier on in another development, the body had pointedly absolved the Nigeria Customs Service of delivering contaminated rice to some States of the Federation, stressing that Customs must be seen and recognised as mere ‘distribution channel’ and not unnecessarily harassed as if they were ‘trained quality assurance personnels’.

Speaking under ‘Matters arising on alleged contaminated rice palliatives of the Nigeria Customs Service’, the NAGAFF insisted that Nigerians should rather hold the NAFDAC accountable for the types or quality of rice so delivered by the Customs to the aggrieved States.

Also read:  AMIWERO: Customs Agents seek Quick Auction of Seized Items butted as COVID-19 palliative!

“Let us start by reminding concerned persons and states that NIGERIA is a constitutional country with some other subsidiary legislation governing customs operations. At the moment the NIGERIA customs service operations is under the regulation and control of an act of the national assembly. The act referred to as customs and excise management Act  – CAP 45 of 2004  as amended. Under the Act, the chairman of the board is the Hon Minister of finance. “It is also a fact that the NIGERIA customs service is one of the parasatals of the ministry of finance. We are equally aware that finance is a ministry in the presidency.

“it is important that we draw the attention of all concerned to section 4 , 5 and 6 of the act detailing the powers of the board of customs to make regulations for the proper MGT and administration of customs laws. Close reading and understanding the sections as mentioned shall posit clearly that the inherent powers of the act is that of the Hon minister of finance and not the comptroller General of customs”.

According to NAGAFF,  the Hon minister of finance under section 5 of the act is expected to consult the Comptroller General of Customs in any MATTER with a view to making an informed decision and directions in the proper management and administration of customs laws and ancillary functions thereto.

“With regard to the gift of PALLIATIVES under COVID-19 pandemic, we do disagree that the NIGERIA customs service gave any rice to anybody including states as it were. Nagaff simply perceive the NIGERIA customs service whom the said contaminated rice is under her custody as a distribution channel and on behalf of the minister of finance and presidency in particular.  In the opinion of nagaff the officers and men of the customs are not trained as quality assurance personnels.

“Even at this matter, it shall be our opinion that their role is clear and unambiguous and it shall be simple to distribute rice as directed by the PRESIDENCY. It is important that we emphasize that the outcry over the rice PALLIATIVES from the media and the public could be traced to some statements made by the Comptroller General of Customs as at the time of seizure of some of the rice.

“We are aware that the CGC actually said that some of the rice seized in the past were expired and in some cases contaminated. We are constrained to point out that it shall be the duty of the presidency to ask questions at the time of giving the approval to distribute the alleged expired rice kept in the custody of customs as palliatives.  It is also the duty of the Presidency to direct  NAFDAC through the Ministry of Health to undergo a quality assurance test of the said rice before its distribution.

“The Nigeria Customs service do not have any business with all of the issues arising from the rice palliatives, other than to carry out orders of the presidency as received. It is to NAGAFF that there is gross negligence of duty on the part of Ministry of Health and its subsidiary (NAFDAC) in carrying out their oversight functions on those rice palliatives under questioning even before this time of need.

“This matter indeed has nothing to do with the Comptroller General of Customs as a person nor the Nigeria Customs Service because they are not saddled with quality control duty nor designed as a quality control agency of the Government.

“We urge all the concerned parties to look in the direction of Presidency, Ministry of Health and NAFDAC to know what actually happened.

“We must emphasize that it is equally important to note that the particular batch of rice said to have expired and or contaminated at the time of seizure may not be among the rice palliatives under questioning. It is our hope that the Nigeria Customs Service board shall learn a lot of lessons from this experience. It is very clear under section 31 of Customs laws which spelt out dwell time of cargo in the customs ports and sale of auction as an ancillary function. One is tempted to ask why do we seize the rice and left it out of time at the GOVERNMENT warehouses.

“Why have we not sold them on auction and or give it out to the needy because it is a common knowledge that rice can not withstand humid conditions for a longer time. We also know that there are so many ladden containers and vehicles seized by the Customs which may be out of time for auction sales and or as the board of NCS may deem it proper to deal with those goods lying at the ports and government APPROVED warehouses .

“Under COVID 19 pandemic palliatives it shall be the advise of NAGAFF to Mr. President that the owners of such seized trade goods be granted amnesty to come forward and pay appropriate customs duty and penalty thereto and take delivery of their imports. It is our belief that the Federal Government shall realise billions of Naira as Customs duty rather than selling it as auction over a paltry sum .

“Mr.  President should invite the owners to pay appropriate Customs duty and penalty thereto as a punishment for the contravention of customs laws. This shall be the high point of palliatives under COVID 19 pandemic. It is common knowledge that the Federal Government needed locally generated revenue to meet-up with expenses in dealing with Coronavirus fatality. Government just have to take every reasonable steps to generate internal revenue at this point in time because the post effect of COVID 19 pandemic may not be friendly to the Nigerian economy.

“It is our hope that the concerned agency in charge of food and drug administration in NIGERIA should take responsibility to do a due diligent work on the alleged contaminated rice.

“The concept of mudslinging, buckpassing blames, playing politics, denials, television show and avoidable anger should be set aside. Let us face the main issue zeroed on stemming the fatality of Coronavirus in our country. Let love of God and patriotism take the centre stage in this critical moment of our nationhood”, the NAGAFF Founder, Dr. Boniface Aniebonam stated further.