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Freight Monitor

ANLCA crisis latest:  Mustapha, Elochukwu, Okafor, Azeez are not BOT members- CAC declares.

Chief Henry Njoku, recognised as ANLCA BOT member
The Eyewitness reporter
 The yet-to-settle crisis in the Association of Nigerian Licensed Customs Agents(ANLCA) has taken a new twist as the Corporate Affairs Commission(CAC) has disowned the purported registered Board of Trustees(BOT) of Alhaji Taiwo Mustapha-led faction.
The ANLCA has been engulfed in a protracted crisis for the past five years as two factions in the association were laying claims to the authentic BOT of the association.
The Mustapha-led group has claimed legitimacy on the ANLCA board, a claim disputed by another faction led by Prince Ozo Chukwurah, both of which claimed they were registered by the CAC.
However, in the course of the protracted crisis and attempts to find lasting peace in the association, both factions have approached the Lagos state Police Command for mediation and mandated the police to investigate and find from the CAC an authentic registered BOT between the two warring parties.
However, the Police have obtained the true position of the CAC on the authentic ANLCA BOT.
In the report obtained by the police and a copy of which was sighted by our reporter, the CAC declared that Taiwo Mustapha, Ernest Elochukwu, Dennis  Okafor, Azeez are not BOT members.
According to the 36 pages report dated March 13th, 2023 from the CAC with reference, No RGO/SU/VOL.1/2023/0289 and addressed to the  Assistant Commissioner of Police, State Criminal Investigation Department, Yaba,  Lagos, the authentic BOT recognised by the CAC was the one registered by Chief Henry Njoku.
The CAC claimed that it actually issued the two certificates being brandished by the two factional BOTs but were subsequently cancelled on the ground of various lawsuits filed by the contending parties to the board.
The report titled ” RE: CONFIRMATION OF CERTIFICATES OF INCORPORATION AND STATUS REPORT”  reads in part ” We refer to your letter with reference number AB 3383/LSX/DO/VOL.3/57 for confirmation of Certificates and status report in respect of Association of Nigerian Licensed Customs Agents.
” Kindly be informed both Certificates dated 16th January 2020 and 7th September 2022 were issued by the Commission. However, they were subsequently canceled on the grounds that the appointment of Trustees was subjudiced .
” The Certificate issued on 16th January 2020 was canceled on 3rd March 2020 on the findings that the advertisement for change of trustees was made during the subsistence of a pending suit making the filing for changes unlawful and of no effect.
” Also, on the 27th of September 2022, the Certificate dated 7th September 2022, was canceled and the status quo reverted in view of suits FHC/L/CS/599/2020 and FHC/CS/79/2021 which were still pending at the time of the changes.
” Consequent to the above, the status quo on the Trustees has been reversed to changes filed in 2014 and contained in the Certificate issued on the 13th of January 2020. You may further wish to note that the 2014 application was initially not concluded on procedural queries requiring the return of the original Certificate of the association and submission of identification of trustees.
” Find attached the status extract, certified true copies of the Certificate of Incorporation, extract of minutes and documents in respect of the changes filed with the Commission in 2014 reflecting the current status of the association on the Commission’s record”
The letter was signed by Maimunat Hamu Modi on behalf of the Registrar General of CAC and was copied ANLCA and Finestone Chambers.
On the real and active members of the ANLCA BOT members with current status with CAC  , the first on the list is Chief Sir Henry Njoku, followed by ( late)  Alhaji Aare Sanni Shittu, Chief Sunday  Odedeyi,  Chief Peter Oge Obi, Prince Taiye Oyeniyi, Okenze  Sylvester Obinna, Chief Lawrence Asuquo, Dr. Sir Enoch Iwueze and Alhaji Aliyu Isa.
Also, the document shows past registered members of the ANLCA board who were removed to include Otunba Oyewole Fashewe, Ofoegbu U. Ofoegbu, Dr A.B.Mamman, Sam Bamisaye , Innocent Okoye, Ezeani Mbadugha and James Idornigie. They were removed and replaced by Chief Henry Njoku BOT, according to the CAC report.
However, there was nowhere in the 36-page report that Sir Ernest Elochukwu, Alhaji Taiwo Mustapha, Chief Dennis Okafor and Alhaji Dayo Azeez were either listed or mentioned as BOT members of ANLCA, nor did their pictures appear anywhere in the document.
Reacting to the CAC Report and the latest media reports credited to Chief Ernest Elochukwu and Co, the Acting National President of ANLCA, Kayode Farinto ” I am pained to see Elder statesmen behaving the way some of our so-called leaders are doing.
”First and foremost, let me state clearly that NECOM  believes in the leadership of the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN).
”Hence, we allowed many of the things done under the peace agreement even when we knew they were not in line with our constitution,  but for the entire Association, we did give and take.
” Sir Elochukwu met the Nigeria Police to write to the Corporate Affairs Commission (CAC) on the true status of the Association’s BOT  and a copy of the reply has been sent to us and he and Alhaji  Mustapha are not even amongst the members of our board recognized under the law.
” I  have decided to release the report to the public for all stakeholders to know the aggressors and that we have been magnanimous to have accepted the issues the way it has been midwife by the Chairman of the Governing board of the CRFFN through the use of the political solution.
”  Secondly, Alhaji Taiwo Mustapha does not have any power to counter the decision of the National Executive Council ( NEC) to extend the NECOM election by 90 days for the Association Electoral Commission ( ASECO)  to be able to conduct the NECOM Election.
”He needs to know that the day-to-day running of the association lies on the  NECOM and not the board, it is expressly stated in our constitution.
”  Finally, I urge the ASECO to go ahead with the preparation for the conduct of the NECOM election. I also state unequivocally that we have our belief in the capabilities of Alhaji Abubakar Sanni- led Governing Council of CRFFN  in piloting the affairs of freight forwarders in line with the  CRFFN Act as enshrined.” Farinto said.
”Meanwhile, with the latest development, it is certain that if the gladiators will not agree with the political solution as mediated by the CRFFN, the recognized BOT can as well resume office to restore lasting peace and if anyone continues on the warpath, then the law should take its full weight on culprits” Farinto declared.
Ironically, Alhaji Tsanni Abubakar-led CRFFN has brokered the much elusive peace in the ANLCA which was generally accepted by the two factions of the BOT.
The peace accord was further consolidated with the merger of the two BOTs, consisting of equal numbers of members from the two contending factional BOTs with Alhaji Taiwo Mustapha as its Chairman.
Prince Taiye Oyeniyi graciously stepped down as a member of the factional BOT and was unanimously adopted as the patron of the unified BOT.
While the whole members were savouring the new found-peace, Chief Ernest Elochukwu, a former National President of ANLCA and a member of the factional BOT which has now been disowned by the CAC, decided to truncate the peace process when he announced at a kangaroo press conference Monday that the Taiwo Mustapha-led BOT has pulled out of the peace pact, a claim which Prince Taiyo Oyeniyi claimed ignorance of.
Speaking with our reporter Tuesday, Prince Oyeniyi, who is a strong member of the discredited factional BOT to which Elochukwu belongs but who wholeheartedly embraced the peace process, said he was neither aware of the press conference convened by Elochukwu nor was consulted.
He said he has gone out of Lagos but promised to find out the grievances of the motley members of the Elochukwu disgruntled gang.
Alhaji Mustapha told our reporter that he was out of the country at the time the purported press conference was convened.
The CAC report has however pulled the rug off the feet of Chief Ernest Elochukwu and his gang in their latest efforts to truncate the hard-won peace in ANLCA.

 

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Freight Monitor

APFFLON: A clout chaser in maritime industry?

Funso OLOJO
The Africa Association of Professional Freight Forwarders and Logistics of Nigeria (APFFLON) has gradually turned itself into an “attack dog’ in the maritime industry.
Established about 10 years ago, the association has consistently turned itself into an “opposition party” to other registered associations recognized by the Council of Regulation of Freight Forwarding in Nigeria (CRFFN), working at cross purposes with the registered groups.
 
The  CRFFN is the regulatory agency of government which regulates the activities and operations in the freight forwarding industry in Nigeria.
 
For individuals, corporate bodies and freight forwarding groups to operate legitimately in the industry, they must be registered with the CRFFN.
 
So any individual, corporate body and freight forwarding group which is not recognized and registered with the CRFFN is deemed to be operating illegally in the freight forwarding industry in Nigeria.
 
Enquiries  made at the CRFFN showed that five freight forwarding Associations were fully recognized and registered by the industry’s regulatory body.
 
They include Association of Nigerian Licensed Customs Agents(ANLCA), National Council of Managing Directors of Licensed Customs Agents (NCMDLCA), National Association of Government Approved Freight Forwarders (NAGAFF), National Association of Freight Forwarders and Consolidators(NAFFAC) and Association of Registered Freight Forwarders of Nigeria(AREFF).
APFFLON was conspicuously missing on the registration book of the CRFFN.
It was gathered that attempts by the association to get registered with CRFFN over the years have failed due to the yarning gaps discovered in the registration requirements presented by the association.
To put it bluntly and succinctly, APFFLON is not a registered freight forwarding group with the CRFFN but has continued to operate in breach of the statutory requirements of the regulatory agency.
This make its operations illegal and contrary to the provisions of the law establishing CRFFN.
Curiously, the unregistered body has been more vocal and hysterical about issues and events in the industry.
Sources claimed that the leadership of the group have become frustrated by their series of failed attempts to get registered with the CRFFN, hence the determination and resolve to oppose anything that other registered associations agreed on.
On several occasions, APFFLON has make it a duty to work at cross purposes with other registered associations in its bid to vent its frustration of not being registered and forcefully thrust itself into reckoning.
A case in point is the controversial tariff hike by the West African Containers Terminal(WACT), Onne.
Following the orchestrated opposition to the increment spearheaded by APFFLON, the Nigerian Shippers’ Council came out with an official reaction to the development.
According to the industry’s economic regulator, based on its interaction with the Onne terminal operator, all the relevant stakeholders, especially the freight forwarders through their associations, were adequately  consulted and sensitised over the tariff increase.
Associations like ANLCA,NAGAFF, AREFF ,ARFFN and Council of Managing Directors of Licensed Customs Agents were all consulted.
Despite the status of APFFLON as non- registered association, the management of WACT still reached out to the group to get an introductory letter from CRFFN, as a regulatory agency, in order to be part of the engagement process.
However, APFFLON could not muster enough courage to approach CRFFN for such referral.
On what basis?
Rather than acknowledge its shortcomings and eat the humble pie, APFFLON went to town with wrong narratives to deceive the freight forwarding community and whip up public sentiments against the Shippers’ Council and WACT, saying the group was not invited to be part of the engagement process.
“According to WACT, prior to the implementation of the new tariff structure, WACT engaged extensively
with the leadership of registered clearing agents in Onne, including the Association of Nigerian Licensed Customs Agents (ANLCA), the National Association of Government Approved Freight Forwarders (NAGAFF), the
Association of Registered Freight Forwarders of Nigeria (ARFFN), and the National Council of Managing Directors of Licensed Customs Agents.”
“The discussions led to a mutual agreement that the implementation would be phased to ease the impact on port users” explained the NSC.
“According to WACT,  APFFLON has, for two years,failed to obtain an introductory letter from the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN), which is a prerequisite for recognition as an agent.
“As such, their inability to participate in the stakeholder engagement process was due to their own non-compliance with regulatory requirements and not an act of exclusion by WACT” the Council further disclosed.
Despite this clarification made by the Council, APFFLON continued with its propaganda to twist the narrative and distort facts surrounding the issue.
Like a bull in the China’s shop, APFFLON has continued to use the media to bully the NSC, further exposing its frustration for not being factored in by WACT in the negotiation and engagement process.
Rather that dissipate its lean resources on an inordinate campaign of calumny against the industry’s regulatory agency, APFFLON should focus its energy on how to perfect its flawed registration with the CRFFN so that its voice could be respected and action legal in the eye of the law.
Even though there is freedom of association as enshrined in the Nigerian constitution, the premise on which the group normally bases its instrusive activities, it however doesn’t distract from the fact that the association is acting in the breach of the industry law as enshrined in CRFFN provisions.
Before APFFLON perfects its registration with the regulatory agency in the freight forwarding industry, its action will continue to attract opprobrium
from deserning industry operators who regard its confrontational approach to issues as a sign of frustration and an act of clout- chasing to curry government recognition and patronage.
 
 
 
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Freight Monitor

Ozo Chukwurah preaches peace in ANLCA 

— praises efforts of Emenike, Farinto, Ipariola, Abdullaziz, Oforbike , Obiora,Okafor in keeping ANLCA together.

— crowns Wale Cole the new ‘governor’ of Tin Can chapter
Funso OLOJO
In what appears to the a new dawn of peace in the Association of Nigerian Licensed Customs Agents(ANLCA), the erswhile Vice- Chairman of the Board of Trustees of the Association, Prince Ozo Chukwurah, have praised the current sanity in the hitherto polarized freight forwarders union.
Prince Chukwurah, in an exclusive interview with our reporter, eulogized the efforts of certain individuals for their efforts , commitment and sacrifice that have resulted to the present peace in the ANLCA.
Specifically, he singled out the National President of the association, Mr Nwokeji Emenike for his exemplary leadership,acumen and political sagacity in bringing back the ANLCA from the precipice.
The former Chairman of the Western Zone of the association also praised the sacrifices of Kayode Farinto,the former Acting National President of ANLCA, Alhaji Mukaila Abdullaziz, the former Secretary and later Sole Administrator of the Association, Mr Eniola Ipariola  (Anyman), John Oforbike and Obiora Elochukwu which he said has helped to heal the wound inflicted by the years of intractable crisis which rocked the ANLCA to its foundation.
He also shared a kind word for Mr Dennis Oka for(Akataka).
” I want to congratulate Emenike Nwokeji, the National President for keeping the ANLCA together.
” He met a disunited and divided association from the BOT to all the members.
” He was able to stand and weathered the storm and restore peace and harmony to the association.
” I salute his courage and leadership qualities.
” My special recognition to some individuals for their roles in making ANLCA great again.
” In our BOT election, some of these people were humiliated, disenfranchised, yet they stayed in the association.
” People like Kayode Farinto, Eniola Ipariola (Anyman), Mukaila Abdullaziz.
Despite the treatment meted out to them, they still remain in the association,
I salute their sacrifice.
” I must not fail to mention the role of John Oforbike for being strong and steadfast in his love and commitment to ANLCA
” I will also like to recognize an independent mind, a strong but highly underrated individual in the person of Obiora Elochukwu, the present of Chairman of the Association Electorial Commission(ASECO).
” He surprised and exceeded the expectations of everyone in his handling of the chapter elections.
” He should be allowed to conclude the Apapa chapter elections.”
” My greatest and highest recognition goes to Prince Wale Cole, the elected chairman of the Tin Can Island chapter.
” I hereby relinquishes my title” the Governor ” and given it to Prince Wale Cole.
” Henceforth, he is to be known and referred to as the ” Governor” of Tin Can Island chapter of ANLCA.
” He is the new Sheriff in town.
On the conduct of the chapter elections  and his expectations, Prince Ozo Chukwura said;
” Am appealing to the Board of Trustees (BOT) and all ANLCA members to allow and support Obiora Elochukwu ( ASECO Chairman) to finish his work.
“Because further crisis in ANLCA will never help anybody. But, most sincerely, I will also congratulate my big brothers, Chief Henry Njoku and Sir Ernest Elochukwu, while appealing to them to put their differences aside , so that ANLCA will rise more than it is now. Congratulations to all those who love ANLCA.”
On why he has decided to congratulate all this people and the conduct of the election having being a leader from the other faction, he said,
” From the time of Kamba, we have been having divided interests, even in your family, but that doesn’t remove you from the family.
“Interest will never die, but human beings will come and go. Some names are no more heard in ANLCA today, but those who are in the association today will fight to make same ANLCA remain one”.
Ozo also spoke on why he decided to hand over his title as ” Governor ” of Tin Can after over 20 years since he left office in 1999 and his expectations from Wale Cole as the new ” Governor” of Tin Can Chapter.
” I won the  first election at Tin Can Island Chapter in 1999, people came together and gave me the title the “Governor of Tin Can”.
“I did not give it to myself , they gave it to me as a nickname, they felt then that I have the capacity to govern that big port of Tin Can.
“When Tin Can, Brawal, SCOA, SIFAX , PTML, all of them were under Tin Can”.
Why he decided to hand over the title to Wale Cole, after  many Chairmen have come and gone- Ozo Chukwura said:
 “They all came in their own different ways and styles. Dr Kayode Farinto came, a highly educated individual in ANLCA.
“Oyinola came with his own style, but this young man , Wale Cole , came like a Tsunami, that nobody could resist.
“Wale Cole came with a Tsunami that nobody could win him in Tin Can.
” That was how Prince Ozo Chukwura came in 1998, won the election with Tsunami, which I relinquished it to Olatunde, who later supported me to win again in 1999.
” It was the way and manner I collected the key to Tin Can that Prince Taiye Oyeniyi was holding and Oye supported me, that is when they gave me the title ” Governor of Tin Can”.
” Now that Wale Cole came with too much strength, he did not collect the key from me , because am no longer in office, he bulldozed his way and won the chapter election at Tin Can, he is now the new “Governor ” of Tin Can Island Chapter of ANLCA.
On his expectations from Wale Cole, haven’t regarded him as his political godson, Ozo declared
” He should always maintain peace and unity in ANLCA, not to see himself as a tin god , but to be humble.
“So long God has given me a second chance to be alive  , I will continue to advice him. I have absolute confidence in him.”
Finally, Ozo Chukwura message to stakeholders to support Wale Cole and ANLCA to succeed, he said
” Many things happens in government. The way it is now is not they way it was then. I will advise him to work , more especially collaboration with NAGAFF people and give due respect to all the executives of NAGAFF, while I will beg them to reciprocate.
” Though, no organize competition, but there are individuals interests ” Prince Ozo Chukwurah concluded.
The ANLCA has been embroiled in an intractable crisis for over five years which the present NECOM inherited.
The crises rocked the association to its very foundation and threatened its existence.
But the recent happenings invite association suggest that peace and sanity is gradually creeping into the association being touted as the oldest and largest freight forwarders association in the country.
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Freight Monitor

Freight forwarding business under threat as Customs Agents lament high cost of goods clearance at ports

— We are diversifying into other businesses to stay afloat– ANLCA Chieftain cries out.

Funso OLOJO 
This is not the best of times for freight forwarders who ply their trade at the Nigerian ports.
This is because their cherished trade is under threat due to the astronomical increase in the cost of clearance of goods at the ports.
Due to the plethoral of charges slammed on importers/ Shippers at the Port, most of them could not afford to bring in as many containers as before while others have outrightly stopped the importation business.
This development, our reporter gathered, has therefore put the freight forwarding business on the brink of collapse due to lack of patronage.
According to the cost analysis of cargo clearance procedures at the Port, an average importer, using the Nigerian ports, pays more than six different exorbitant charges apart from customs duties.
For instance, before an importer could exit his goods from the ports, he pays the following charges.
a. N500,000 NAFDA Certification
b. N500,000 SON Certification
c.45 per cent( up from 30 per cent) terminal operators and shipping companies service fees/ charges
d. N 150,000 to N200,000 NESREA/ other Environmental Agencies charges
e. N45,000 per day demurrage on 20- footer container
f.N68,500 per day demurrage on 40- footer container
g.20 million Customs duty on 20- footer container
h.26 million Customs duty on 40- footer container.
In addition to these charges, the Nigerian Ports Authority (NPA) has recently increased its tariff by 15 percent.
It could also be recalled that the Nigeria Customs Service only recently put on hold the 4 per cent Free on Board (FOB) charge on imports due to the outcry of freight forwarders .
However, the FOB charge would eventually be reinstated later after sufficient consultations and sensitization are carried out by the customs.
Alhaji Mukaila Abdullaziz, the former Sole Administrator of the Association of Nigerian Licensed Customs Agents(ANLCA) said the listed bills are more than that.
“What you have just listed was an average cost, they are more than that” he declared with a hint of bitterness in his voice, when asked to confirm the cost analysis as the foremost freight forwarder in the industry.
” The Customs’ Federal Operations Unit(FOU) is still there.
“Their officers will lay siege on the road for a container that have already paid the exorbitant fees you have mentioned.
“They too will slam their panthom charges on the already exited container and if you don’t pay, they will impound it and take it to their office” the ANLCA Chieftain declared.
When asked how freight forwarders break even in the face of these multiple charges, Abdullaziz retorted;
” We are not breaking even .No agent is breaking even except the dare- devil ones who are ready to do anything to break even.
“But for some of us who are old hands on the job and have names to protect, we are not breaking even because we are not ready to compromise the system”
“That is why most of us have diversified into other businesses to stay afloat”.
“The freight forwarding industry is dead” he said with a hint of regret in his emotion – laden voice.
Our reporter could confirm that most of the old hands in the freight forwarding business have diversified into hospitality business as they are owners of choice hotels spread across Lagos and other commercial cities in Nigeria.
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