Esther Oritse
Lagos — In a bid to safeguard the interests of truckers and the haulage sector in Nigeria, the Association of Maritime Truck Owners (AMATO) has called for an amendment to the ‘Means of Conveyance’ clause in the Nigeria Customs Service Act, describing the provision as punitive and detrimental to their operations.
While commending the enforcement of Customs regulations, Adeshina Ajibola, Head of Research at the Association of Maritime Truck Owners (AMATO), noted that the Act highlights a longstanding issue in Nigeria’s maritime logistics sector.
He stated that the unfair application of the “Means of Conveyance” clause in the Nigeria Customs Service Act 2023 disproportionately impacts AMATO members.
This clause according to Ajibola allows the Nigeria Customs Service to confiscate both contraband goods and the trucks used to transport them, even when truckers, as third parties, are neither privy to nor legally empowered to inspect container contents in the ports.
He noted that this legal loophole exposes innocent truckers to severe financial loss, emotional distress, and health risks, often resulting in depression and the loss of livelihoods.
“Despite AMATO’s relentless advocacy, led by Chief Remi Ogungbemi, to correct this injustice, truckers continue to bear the brunt of a flawed system that unfairly punishes them for offenses they neither committed nor could have prevented,” he said
Ajibola in his statement tilted ‘The unfair burden the “Means of Conveyance” Clause explained that the punitive approach contrasts sharply with criminal law principles, which require proof beyond reasonable doubt to convict a suspect.
He said:”The Nigeria Customs Service Act 2023, alongside the Customs and Excise Management Act (CEMA), empowers the NCS to confiscate goods and the “means of conveyance” used in transporting prohibited items, such as the donkey genitals intercepted in June 2025. While this provision aims to deter illegal trade, it fails to account for the maritime industry’s operational realities.
“Truckers, particularly AMATO members, operate as third-party service providers who transport containers cleared by importers and licensed clearing agents.
“These truckers are not legally authorized to inspect container contents at ports or bonded terminals, a responsibility reserved for NCS officials and agents. Yet, when violations are detected, trucks are impounded alongside the goods, leaving truckers to bear the consequences of others’ actions.
“This punitive approach contrasts sharply with criminal law principles, which require proof beyond reasonable doubt to convict a suspect. The “means of conveyance” clause imposes a form of strict liability on truckers, disregarding their lack of knowledge or involvement. In other jurisdictions, such as the United States, the Customs Service applies the “innocent owner defense” under the Tariff Act of 1930, allowing vehicle owners to reclaim seized assets by demonstrating they were unaware of illegal activities. Nigeria’s Customs Act lacks such nuance, leaving AMATO members precariously exposed.
“Through years of engagement with the NCS, AMATO secured the inclusion of an indemnity clause in the Nigeria Customs Service Act 2023, intended to protect truckers from liability for third-party violations. However, this clause remains vague and insufficient.
“There is no standardized mechanism to compel importers or agents to sign indemnity forms, leaving truckers-whether independent or under retainership, vulnerable if contracts lack explicit protections. Even when AMATO clarified with NCS that trucks belonging to agents, not third-party truckers, should primarily be targeted, the practical application of the law remains inconsistent.
“Just two months ago, his relentless advocacy led to the release of AMATO members’ trucks, some detained for up to eight years, across various customs commands in Lagos State.
“As a witness to one such release at the Federal Operations Unit (FOU) in Ikeja, I saw truck owners, overwhelmed with gratitude, prostrate before Chief Ogungbemi on the customs road, a poignant testament to his dedication. This arduous process, fraught with bureaucratic hurdles, underscores the need for systemic reform to prevent truckers from enduring such prolonged distress.”
The group however called on both the leaderships of Nigerian Ports Authority (NPA) and the Nigerian Shippers’ Council (NSC) to intervene and address this critical risk factor through a non-kinetic, stakeholder-driven approach rather than abandoning truckers to their fate, these agencies can initiate collaborative measures to protect AMATO members.
