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Isaac Anumihe
Freight forwarders are threatening to shut down the ports if the Ports and Terminal Multipurpose Limited (PTML) continues to collect port access fees from them.
But a source close to PTML said that its action is in full compliance with the International Ships & Ports Facility Security Code (ISPS Code) which aims to provide a secure and safe environment for all the port actors.
The operator argued that access control and identity management is a vital component for any port terminal but it becomes critical for an operator like PTML because the peculiarity of Roll on Roll off (ro/ro) trade cargo made up of cars, buses and trucks, attracts a huge number of touts who parade themselves as clearing agents or freight forwarders, who are trying to access the port area.
“These hordes of people constitute a serious security threat for all the governmental authorities, the staff and all other legitimate people working in the port” he said.
The source claimed that the operator derived its powers from the provisions of the ISPS Code and sections 153-156 of the Customs & Excise Management Act (CEMA).
However, freight forwarders insists that the operator had collected a cumulative fee of over N500 million which it must refund to the owners or they will shut down the ports.
Recall that a fortnight ago, a fierce confrontation between the freight forwarders and the terminal operator over the illegal fee was averted by Nigerian Ports Authority (NPA) and Nigerian Shippers Council (NSC).
According to the freight forwarders, the terminal operator is acting like a government in a government and it does not have the right to collect illegal fees from them. Head of Special Duty, National Association of Government Approved Freight Forwarders (NAGAFF), Reverend Emma Agubanze, said that freight forwarders had severally complained to NPA and NCS that the illegal collection of fees by PTML does not encourage the ease of doing business.
“The concept of ease of doing business is targeted at removing human element against the smooth clearance of cargo out of customs control. It is also primarily made to create a high level of awareness on port orders and regulations. It is most unfortunate and regrettable that the value is not being added to that effect as envisaged. In a situation wherein PTML may have become a government of its own in our ports administration is most unfortunate” he lamented.
He queried why the PTML management can impose fees on freight agents authorised by law to have access to terminals in the course of carrying out their legitimate businesses.
“Minister of Transportation had directed that access into the ports terminal for the freight forwarders requires Council for the Registration of Freight Forwarders (CRFFN) identification and the approval by Nigerian Ports Authority (NPA). It is to our knowledge that only NPA can collect administrative charge for the issuance of port passes” he said.
But PTML source added that beside CRFFN certification, it also requires the presentation of Corporate Affairs Commission (CAC) documents, letter of introduction from a bank, evidence of an existing address and the possession of a valid Customs Form C30. These documents, the source said, will identify you as a bonafide freight forwarder in accordance with the rules governing the ports operations.
“The biometric access card also ensures that the entire process of releasing/delivery of cargo is greatly facilitated and secured as the registered customers do not have to present scores of documents to take release and delivery of cargo from the terminal. Rather, once an agent is registered and he presents the bill of lading, he won’t have to provide any other document or ID card to transact business at the terminal. He just collects his cargo and leaves” the source said. Against the claim of N25,000, N30,000 fee by the freight forwarders, the PTML source explained that the fee is N10,000 and that the N10,000 covers about seven staffers of an agency.
“The truth is that the fee of N10,000 is charged only the first time a customs licensed agency is registered and it entitles such agency to 7 cards! The amount is a little fee, which is highly subsidised by PTML because it does not even cover the cost of printing the cards. It is charged to cover cost of producing the cards and as a disincentive for frivolous registration application and for agency managers/owners to take full responsibility of the documents provided in the process.
Subsequent renewal of the access cards is free and attracts no additional payments” it said.
However, the freight forwarders maintain that it is in breach of the law.
Speaking to newsmen, the founder of NAGAFF, Dr Boniface Aniebonam, said: “It is in breach of the directives of the Minister of Transportation. Just yesterday (last week), a lot of freight forwarders became agitated to the extent that if there were no interventions from NAGAFF headquarters, there would have been a breakdown of law and order.
We have raised such issues before and now we have raised that issue again to encourage the NPA, the economic regulator, NSC, to move in and dismantle that structure. It is in breach of court order. It is in breach of regulations” he cried out.
Assistant Director, complaints, Nigerian Shippers Council (NSC), Mr Moses Fadipe admitted that the council is handling such an issue but noted that the issue has not been resolved yet.
“They (freight forwarders) complained to the council. They even threatened to down tools. And the council tried to make peace with them two days ago and we pleaded with them to exercise patience for us to look into the matter and get back to them.
We only held a meeting two days ago (Monday May 7, 2018) and it did not enter the afternoon session” he said.
The national co-ordinator, Save Nigeria Freight Forwarders and Chairman, International Freight Forwarders Association (IFFA), Apapa, Chief Patrick Chukwu, said that the practice has lasted for several years until he went there for an enquiry and he was told that he would require to pay some money before he is allowed entry.
They collect between N25,000 and N30,000 for one access card. If you lose your card in the process, you pay another fee. PTML has realised over N500 million from the illegal fee. What I have decided to do is to drag them to the Federal High Court and seek a clarification of the fees and demand that they pay back the money they collected to those they collected the money from” he said.
