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National Council of Managing Director of Licensed Customs Agents (NCMDLCA) has petitioned President Bola Ahmed Tinubu, over the illegal passage of Nigeria Customs Service Act 2023, which duplicates laws and removed regulatory powers of the Minister of Finance to coordinate and regulate the economy and others.
In a petition letter, the National President, National Council of Managing Director of Licensed Customs Agents (NCMDLCA), Lucky Amiwero, said that that the defective bill was rejected several times by President Jonathan in 2013 and expressed shocks that it was signed few weeks before the exist of the previous government.
The petition titled: “The Present Nigeria Customs Service Act 2023 Duplicates Laws, Removes Regulatory Powers Of The Minister of Finance To Coordinate And Regulate The Economy, Conflicts With Other Government Agencies Functions And Contravenes International Best Practice In International Trade Procedure And Practice In The Process Of Import, Export, And Manufacturing..,” was sighted by our reporter.
However, Amiwero argued that the Nigeria Customs Service Act 2023, was not subjected to stakeholders/public hearing at the Senate, adding that they avoided the stakeholders, who are waiting to rectify the defect from the House of Representative , but was never held only to hear that the rejected law, has been passed, with all the offensive provision that is detrimental to the economy.
Amiwero who as member and the draft Committee Chairman of the Reconstituted Presidential Task Force on the Reform of the Nigeria Customs Service, 2010 among others, queried the reasons why the bill was not subjected to public hearing and why critical stakeholders were not involved to rectify the offensive provision in the bill before it was passed.
“The stakeholders are those who are involved either by providing service our consuming service, giving policy direction and implementing policy ,they are as follows: the presidency, the Federal Ministry of Finance, the Federal Ministry of Industry, Trade and Investment, the Federal Ministry of Health and Social Service.The Federal Ministry of Transportation, the Federal Ministry of Environment and Ecological Management, the Federal Ministry of Agriculture and Food Security, the Federal Ministry of Internal Affairs, the Federal Ministry of Budget and Economic planning, the Federal Ministry of Marine and Blue Economy.
“The Federal Ministry of Innovation science and Technology, The Federal Ministry of Communication and Digital Economy, the Federal Ministry of Justice, Central bank of Nigeria, Licensed Customs Agents (LCA), Manufacturers Association of Nigeria,Terminal operators,National Agency For Food and drugs Administration and Control(NAFDAC), Standard Organization of Nigeria (SON), Shipping companies,Transporter/ freight Forwarders, Nigerian investment promotion Commission, Presidential Enabling Business Environment Council ( PEBEC), Chartered Institute of Bankers, Importers, Exporters, Bonded warehouse operator, Border operators in clearance and many more,” he said.
He maintained that the following agencies of Government, MDAs, private sector who are waiting for the Senate public hearing due to the defect noticed in the House public hearing and the controversies were not carried along, saying it was shocking, that the defective bill that was rejected in 2013, 2016 and rejected four time by the President was signed with the associated defects on April 20, 2023 just few weeks of the government exist.
He explained that it was the same legislative process in 2013, after harmonisation by both chambers of the National Assembly, the process was rejected by the Federal Government in 2013, due to the offensive clauses, which will hinder import, export and manufacturing etc, which is now signed in to law without stakeholders input at the Senate.
His words: “As an expert on trade procedure (TPE) who served as Member of Federal government underlisted Committees, consultant to the Senate Committee on Marine Transport and House committee on Customs , being patriotic Nigerian, I found it necessary to save Nigeria economy by highlighting the defects of the Nigeria Customs Service Act 35 of 2023.”
Meanwhile, he highlighted some of the sections of the Nigeria Customs Service Act 35 of 2023 that needs urgent attention for amendment so as not to hinder trade, direct foreign investment and conflict with other government agencies.
On his observation and implications of bill to the economy, he revealed that the Minister of Finance is completely removed from the critical aspect of the economy on the regulation of trade and fiscal policy, with regards to import and export.
“In line with the provision of Section 2-(d), 4-(a) and 4-(c), the Nigeria Customs Service is to, direct, manage, administer, enforce the provision of the Acts and unlisted Customs laws and administer trade and fiscal policy of Government, this contravenes the objective of Kyoto convention of World Customs Organisation (WCO) Harmonisation and Simplification of Customs procedure World Trade organisation (WTO) and various Trade procedures, Trade Facilitation Agreement (FTA) National Facilitation Convention for Harmonisation, minimisation Facilitation international Maritime traffic (IMO/FAL) international best practice, which will be detrimental to the economy, as Customs will be the policy initiator, regulator/director and implementor of government policy on import, export , manufacturing and other related matters: as the judge, lawyer and prosecutor on import-export, manufacturing and other matters.
Therefore, he urged government as matter of urgency to set up a committee of expert on trade procedure to rectify the defect of the Act, by the Presidency, Secretary to the Government of the Federation and the Minister of Finance who is to coordinate the economy that is fragile.
