July 29, 2022
… Says bill in conflict with other agencies functions in international trade
By Godfrey Bivbere
Customs agents under the aegis of the National Council of Managing Directors of Licensed Customs Agents, NCMDLCA, have petitioned President Muhammadu Buhari, over the new Customs bill before the National Assembly for consideration, noting that the bill did not only conflicts with other government agencies but will affects the nation’s international trade.
NCMDLCA in the petition signed by its National President, Lucky Amiwero, noted that the bill if allowed to sail through also seek for the creation of a ministry of Customs, whose minister must be a retired Customs officer.
The Council also observed that should be bill successfully pass through legislation, it will also empower the Service to take over some functions of other sister government agencies.
According to the petition, “The Nigeria Customs Service bill is designed and personalised for the management of the
Nigeria Customs Service based on the removal of some power of the President and total removal of some ministers and the overriding powers of other federal government agencies.
“Globally, the title of the Act is structured by the content based on the application of
international convention, treaties, protocol on trade procedures, which is mostly titled as
follows: Customs Act, Trade Act, Customs and Excise Act, Customs Management Act, and Customs and Excise management Act.
“In the draft bill, Nigeria Customs Service was unduly allocated with uncontrollable powers over the President and Commander-In-Chief of the Armed forces, the Ministers and other government agencies on policy making, regulation of the economy on trade and fiscal policies and other matters, which negate the principle of global best practice on administration, control and management of trade/Customs Act.”
The NCMDLCA therefore observed that the “Policy initiation and regulation of the economy by the instruments of trade are the preserve of the executive arm of the federal government as contained in the provision of section 148 of the constitution, which only allow the President, Vice and the Ministers on Foreign and Domestic policy directions.”
The Council therefore charged “The Federal Minister of Finance as the Chairman of the Board and the Custodian of the Act, by the provision of Section 4-(1)(2)(3) and 5-(1) in addition to the provision under section 148 of the Constitution, to seek for the withdrawal of the controversial draft bill from the National Assembly, which was not subjected to stakeholders/public hearing at the senate.
“There is a need to subject the draft bill to Committee of Trade Procedure Experts (TPE), and core stakeholders, to review the draft bill in line with international best practice, especially with the expected Trade Facilitation Agreement (FTA) and African Continental Free Trade Agreement (AFCFTA) coming on board, which is not included in the draft bill,” he noted
