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Steve Agbota, [email protected] 08033302331
The Federal Government’s decision in 2006 to award contract to some service providers to supply and install scanners within the Nigerian ports and the airports may have turned a wasted venture afterall.
The acquisition of the scanners was contracted under the Destination Inspection Scheme between the Federal government and some service providers, namely: Cotecna SGS and Global Scan on a Build, Own , Operate and Transfer(BOOT) Basis, for a period of seven years from January 1, 2006 to December, 31, 2012.
The intentions then was to make Nigerian seaports and airports to be efficient and make operations smooth. The scanners were eventually supplied and installed.
But between 2014/2015, the whole scanners at the Nigerian ports suddenly collapsed. Since 2015 till date, Nigerian government has been running the ports without scanners.
However, following the collapse of the scanners, Customs examination of cargo became 100 per cent manual for a very long time in the country.
Stakeholders told Daily Sun that the implications physical or manual examinations of cargo is that all sort of unwholesome products like ammunitions and other dangerous weapons would be coming into the country making the nation ports more laborious, terribly uncompetitive and unfriendly environment.
It is disturbing that Nigeria does not have functional scanners at its ports while the neighbouring countries like Ghana, Benin Republic and Co’ldvoire have high level scanners at their various ports, which is parts of the reasons Nigerian cargoes are now going to them.
Ironically, manual examinations of cargo is said to be ineffective, inefficient, expensive and does not facilitate trade especially in the area of export and import because it causes delay and takes more time to clear cargo at the ports.
In a letter to President Muhammadu Buhari, and copied the Vice President, Prof. Yemi Osinbajo and four others, which was obtained by Daily Sun, the National President of the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA), Mr. Lucky Amiwero, blamed the present situation of the scanning equipment at the seaports and the border stations on total neglect by the government agency, which supervised the transfer of the scanners to Federal Government by the service providers to take cognizance of the accommodation of six (6) months maintenance, labor and spare parts provided for in the contractual agreement after the handover.
According to him, the provision if taken into cognizance should have seen the almost new equipment transferred to the Federal Government going by the provision of Articles 4.2 and 4.3, that required any faulty part to be replaced in line with the agreement.
He hinted that the breakdown of scanners necessitated the adoption of 100 per cent physical inspection/Customs examination that was quite laborious in the un-stuffing and loading of goods, which in most cases were destroyed during offloading and re-loading from the containers.
He noted that the development resulted to serious delays with high demurrage, rent, and high security implication for non-application of scanners for the detection of unwholesome goods, arms and ammunitions which according to him contravened of World Customs Organisation (WCO) KYOTO convention and WCO SAFE Frame work protocol that mandated contracting member to use Non-intrusive Inspection Scanners as a security and facilitating tool.
Amiwero revealed that the acquisition of the Scanners was contracted under the Destination Inspection Scheme between the Federal Government of Nigeria and some service providers, namely: Cotecna, SGS and Global Scan on a Build, Own, Operate and Transfer (BOOT) basis, for a period of seven years from January 1, 2006 to December 31, 2012, which was finally extended for one year by the Federal Government.
He explained: “The agreement for the provision, installation, operation and management of X-ray Scanning Equipment and Software for examination of goods between the Federal Government and Cotecna Inspection Limited, Societe general de surveillance (SGS) and Global Scan System Limited as contained in Articles 4 to 4.3, which provides for ownership of equipment during the duration of the contract and the transfer to the Federal Government as detailed as follow; (a) 4-Ownership of equipment. (b) 4.1- The location in the appendix 3 and property to remain that of the service provider during the duration of the agreement. (c) 4.2 The transfer at the end of the duration of the agreement to the Federal government, which, includes the scanners and spare part, shall be absolute and unconditional with residual value of zero. (d) 4.3 The Equipment transferred at the end of the duration of the agreement shall be covered by maintenance agreement providing for spare parts and labor of six (6) months, as confirmed by manufacturer of the Equipment in writing.
“The Articles 4.2 and 4.3 contained in the transfer clause, TRANSFER of the scanners to the Federal Government, which includes spare parts and labor for six (6) months after the expiration of the contract as confirm by the manufacturer of the equipment in writing, which presupposes that all the scanners handed over to Federal government/Customs must be in perfect working condition.”
Moreso, he added that in line with the provision of the contract in Articles 4.2 and 4.3, the scanners that are transferred to the Federal Government/Nigeria Customs Service must be in perfect working condition, which includes unexpired six (6) Months maintenance with labor and spare parts.
He said: “The present state of the scanning equipment at the port shows they were totally neglected by the government agency who supervised the transfer to take cognizance of the accommodation of six (6) months maintenance, labor and spare parts after the handover, which should have transferred almost a new equipment to the Federal government going by the provision of Articles 4.2 and 4.3, that requires any faulty part to be replaced in line with the agreement.”
He further posited that most of the fixed scanners were commissioned from 2010 to 2012 as follows; Cotecna, which includes two (2) of 9.0MeV Dual Fixed Scanners for Apapa and Tincan, GlobalScan 9.0 Mev Dual View Fixed Scanners and relocatable at Onne ports, saying that the fixed scanners fall within 7 to 9 years as at date, which was still operationally acceptable internationally either for upgrade or enhancement.
