Esther Oritse
Lagos — The National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) has petitioned the Presidency, raising concerns about the risks associated with the Nigeria Customs Service, (NCS), Trade Modernization Project, (TMP).
The group described the concession agreement as “defective and fraudulent.”
In the petition, the Council’s President, Mr. Lucky Amiwero, argued that the Concession Agreement violates the Customs and Excise Management Act (CEMA), Cap C45 of 2004. He noted that the agreement was improperly signed solely by the Comptroller-General of the Nigeria Customs Service, without the involvement of the Minister or the Ministry of Finance.
This, according to him, constitutes a legal breach and an overreach of authority, effectively usurping the statutory powers of the Minister of Finance as clearly outlined in the relevant sections of CEMA, Cap C45 of 2004.
In the petition titled “The Defects in the Concession Agreement of the Trade Modernization Project Limited and the Operational Deficiencies in the Clearance of Goods at Nigerian Seaports, Airports, and Border Stations,” Mr. Amiwero urged the Presidency, the coordinating minister for the Economy, and the Minister of Finance to urgently intervene and address the underlying challenges associated with the Trade Modernization Project.
He emphasized that swift action is necessary to ease growing tensions at the ports, similar to the proactive steps taken by a former Minister of Finance.
He said: “The attention of Federal Government is hereby drawn on the Concession Agreement of Trade Modernization project Limited , with respect to the” Nigeria Customs Service Modernization and the area of defects and operational deficiency of clearance of goods from the Seaports, Air Ports and Land Boarder stations since May 2022 when the contract was signed without the Minister of Finance who is Chairman of the Board.
“Process and signatory to the Concession Agreement contravenes the Customs and Excise Management Act Cap C 45 of 2004, which was wrongly signed by the Comptroller-General of Nigeria Customs Service, excluding the Minister and Ministry of Finance, thereby constituting legal breach usurping the powers of the Minister of Finance, whose right is statutory Contained in Customs and Excise Management Act C45 of 2004.
“The Comptroller-General have no such powers to sign on behalf of the Customs Board, the Minister is the Chairman of the Board, it is his/her prerogative of the Minister/ Ministry to vet such contract and sign on behalf of the Federal Government, for as to instill measures of Executive control.
“We have not seen the robust ICT platform as promised in the Contract, with the happening in the Port, which is associated with a lot of delays, regular no network and glitches, which resulted to huge demurrages and rent paid by Importer/Licensed Agent (LCA)
The Promise of Trade Modernization Limited, to deploy Robust ICT platform, have not being seen, is only associated with delays in the process of clearance in the Port.”
