The Nigeria Customs Service Act 2023 has sparked controversy among customs agents and freight forwarders associations, as the the National Association of Government Approved Freight Forwarders (NAGAFF) has said that the Association of Nigeria Licensed Customs Agents (ANLCA) and the National Council of Managing Directors of Licensed Customs Clearing Agents (8) are not ‘Customs Representatives’.
According to the National Publicity Secretary of Dr. Clement Iwegbuna, the new law stipulates that only certified members of freight forwarding associations approved by the federal government can be conferred as “Customs Representatives”.
This provision is contained in Part XII, Sections 103(4b) and 106(3d) of the Act.
NAGAFF claimed that ANLCA and NCMDLCA have rejected the new nomenclature “Customs Representatives” due to their lack of understanding of the law. The group asserts that these associations and their members are not recognised by the new customs law, having been superseded by the Nigeria Customs Service Act 2023, which repealed the Customs and Excise Management Act of 2004.
According to NAGAFF, a Federal High Court in Lagos has granted relief that customs licensed agents are not freight forwarders, effectively limiting the “Customs Representatives” honour to NAGAFF members. The group urged the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) to deregister ANLCA, NCMDLCA, AREFFN, and NAFFAC, and consider four other young freight forwarders associations seeking CRFFN membership.
NAGAFF extended an invitation to members of these associations to register with NAGAFF at ports and borders if they wish to be conferred as Customs Representatives and become CRFFN members.
The association calls for inter-Ministerial Agency cooperation between the Ministers of Finance and Marine and Blue Economy to harmonise the operations of the Nigeria Customs Service Act 2023 and the Council for the Regulation of Freight Forwarding in Nigeria Act 2007.