The National Association of Government Approved Freight Forwarders (NAGAFF) Founder, Dr Boniface Aniebonam is a man who would call a Spade by no other names! He showed this as he assessed the nature and different faces of corruption in the Nigerian Ports… strongly advising the Customs, in an exclusive interview with the MARITIME FIRST, in his Lagos office, that Revenue generation should not be a Do or Die affair.
Excerpt please:-
The agent who handled the Nigerite container was being harassed as if he was the one who tucked the cocaine inside the container. Was this fair, irrespective of what the law says?
No! you cannot say irrespective of whatever the law says. we are not in a banana republic! it is the law that made it possible for you to be in my office now and nobody has arrested you.
A good society is a society where rules and laws are observed. So our discussion will be based on point of law, because if it is not based on point of law then there is no need for our discussion.
Well first of all, we must look in terms of agency contract and in this, we must understand, when you look at the relevance structure to customs. We should perhaps take a good look at section 154 of the Customs and Excise Management Act that has been amended; that section is talking about the liability of an agent in relation to transactions. In other words, the position of an agent is almost the same thing as the position of the importer because the agent is acting on behalf of the importer; and because anything that the agent does it is as if it is done by the importer. But, at the time of prosecution, a lot of issues will be looked into, to the extent of verifying the extent of the due diligence involved in such operation. Has the importer carried his responsibility with due diligence, as well as the agent?
Now let us take an agent, section 154 of the law says “any person who act as the agent of the importer, exporter or appropriator of goods, shall be personally liable for the payment of any duties payable in respect of those goods; and for the performance of all acts under the Customs and Excise law, in relation to the goods, as though he were the importer, exporter or appropriator of those goods, as the case may be.
Then the law went further to say, provided that the agent shall cease to be liable under the section after one year from the date any such duty became payable or any such act failed to be performed. The agent shall cease to be liable; in other words, if there is short collection of import duty after one year of that transaction, the agent is completely exonerated. And then, it now said that nothing in this section shall relieve the principal from any liability.
So, as you can see, the role of an agent here is quite clear anything he does is done on behalf of the importer. Now if we relate it to the matter you are raising, yes the agent is not the importer, he acts on behalf of the importer and at the point of Customs examination, any irregularities that were discovered for instance, like that of cocaine you were referring to; and of course if you look at the manifest history, you will see that cocaine was not declared. So, the agent wouldn’t know. and so, he has no relevance in that regard. However, the agent would become involve in that matter, if the agent, for any reason obstructed the Customs examination; then that it when the issue of connivance comes in. at that point, he becomes connected to it. It means he must have a pre-knowledge . It means the agent conspired, it means he must have had a pre- knowledge of it, But if he did not, it means the agent can only be used as a principal witness in time of prosecution. So, that is exactly the position of law.
Q : ABOUT NAGAF
NAGAFF once wanted to hold a public sitting to enable stakeholders divulge the much they have seen, in terms of corruption in the ports. It would be recalled that one or two officers names were mentioned or invited, to enable them defend themselves. But, the Customs Comptroller General would have none of that. Do you now feel satisfied or pacified that the same Customs management has fired or dismissed about 49 officers, for alleged corruption you earlier identified but was not appreciated?
I think you are getting the whole thing wrong, if NAGAFF had indicated a situation in relation to the issue you have raised, you are not in a position to know, whether the CG took it serious or not. You are not in a in a position to know.
But, for us in NAGAFF, we have written an official document too; and that is part of the things we have seen in this administration, especially when you are talking of a common administrative procedure; the need for the acknowledgment of receipt of such document, which is absent; and so, that lacuna is there. It shows that something is wrong with the administration, because you have every reason to acknowledge a document which has been sent to you officially; and of course, it is a public document.
But, that does not mean that they are not acting on it. If they were not acting on it, they wouldn’t have gone to the extent of dismissing those officers, which of course, if we unveil that aspect, we will still question the action of the management of the Customs, in relation to particularly, the export officers who exercised due discretion, bearing in mind that the port is not a waiting place for goods, to leave the Customs control, right on time.
So, I would rather tell you that NAGAFF provide the framework for proper administration and management of Customs law, because we raise issues that are germaine; genuine operational issues; and we will see some traces of what we are saying by trying to connect them. That is what I can say for now.
Q: Saraki, the Senate President says Customs stinks. Now that Bukola Saraki seems to be echoing a position the NAGAFF had earlier taken, do you feel pacified?
You have kept mentioning the position of NAGAFF. The NAGAFF is a revolutionary organization, preaching best practices as far as Customs operations or formalities are concerned. definitely, it is not targeted on any person and of course, you cannot separate Nigeria customs from the entire society of Nigeria, where you could see clearly that government has been battling the issues of corrupt behaviour.
So in addressing issues of corruption, am not always in the best mood to single out an organization and talk about it because it is neither here nor there.
Now let’s take the issue one after the other: the honourable Minister of Finance is the Chairman, Board of Customs. So, if you look at section 45 of the powers of the Board, you will see that the Minister of Finance is the chairman of the board and if Customs is corrupt, then, she is also corrupt, except she has proved beyond reasonable doubt, in efforts that is convincing, that she has made to show that she has not partaken to that.
Mere saying it, that the Customs officers are revenue criminals makes the heart to break. It means she is pointing at herself and that of the Comptroller General of Customs because you cannot separate the Customs officers from them.
On the part of the senate, what you must appreciate in our country is what, we have freedom of expression. The Senate President is also being investigated and the matter is in court. So, morally is he in a position to be pointing accusing fingers, or to be saying that Customs must be investigated?
Well, with the perquisites of the office and with the powers of his office, he is bound to make certain mistakes. So, if Customs is to be investigated, go ahead and investigate them and if anybody is found wanting, that person should be brought to justice.
But, I don’t think the best option for us is to continuously apportion blames on a particular organization. For instance, for instance, how many customs officers have private jets in this country? How many Customs officers have shipyard in this country? How many Customs officers have oil wells? So, you can go on and on, and if you really want to ex-ray those who have money in this country, you may soon understand Customs does not move an inch, near the place at all!
Q: Looking at the maritime industry yesterday and today apart from recession has there been any difference?
Life is dynamic. Maritime is dynamic. there was a time we didn’t have containerization, or container movements. But today, we do. So, we are talking about changes!
The maritime is dynamic, today we have Council to regulate the Freight Forwarders in Nigeria, bringing in a new dimension that has to do with globalization, global movement of cargo, more serious handling gear in terms of container operations. So, there are changes that are there now; what has continue to be a problem is the issue of indiscipline.
We have not been able to tackle corruption in our country, that is a major problem. For instance, let me narrow down to Customs, I wouldn’t want to believe that with the emergence of the new CG of customs, we will still begin to complain over issue that we know is not right.
Now, we have been talking about issues of alert coming from all units of the Customs over a single transaction. So, what stops them from coordinating it properly, making it a one-stop gap? But these alerts continue and each place you go, you are extorted! At the end of the day, the cargo leaves!
So, if these things are effective, if this current CG is succeeding; what is the regulation (interventions) at the Federal Operations Unit after the containers have been released out of Customs control? Especially, when you still find out that some of the containers actually have things that were not supposed to be there! Does it make you feel there is any improvement?
So, why are laws made and are not being obeyed? Even government agencies are not obeying it!
Look at the issue of Standard Organization of Nigeria. Look at the statute that established it. There is no power for them to waylay cargoes on the high ways or city roads. But they are doing that! You are aware. We don’t point hands. We have written about it; but they are still there!
So, sometimes you get disturbed on why even government agencies would be involved, in breaching or contravening the law? The SON has little to do until it gets to the warehouse of the owner of the imports or manufacturer. So, what are they doing on the main roads? Even when they are connected to the Customs platforms, for them to know where or when they should show interest in any cargo. It is not only that; for we can actually go on and on and on!
But we must understand the fact that Customs may also be fighting to up its revenue profile…
Revenue is not a do or die thing, there is a tripod that must be followed: first you must look at the cargo itself, then you look at the value, and then look at the rate of duty and that has to do with the currency rate, all these thing when you bring them together, the revenue comes out of it. But the inherent abuse now, So, we need a strong leader in our country.
To be Continued tomorrow
