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CRFFN survival hangs in balance as court nullifies collection of POF from Customs Agents

–lacks powers to regulate Customs licensed agents
–ministerial directive of 2017 on collection of POF is illegal 
Funso OLOJO/ Gloria Odion 
The thin thread of survival which the Council of Regulation of Freight Forwarding in Nigeria(CRFFN) is delicately hanging onto is currently being threatened as the Lagos High Court has nullified the collection of Practitioners Operating Fee(POF) by the Council.
It would be recalled that due to the paucity of funding by government to support the CRFFN, the government created an ingenious way which the CRFFN could be generating revenue internally through the collection of practicing fees from freight forwarding industry practitioners called POF.
However, in 2017, the then Minister of Transportation, Rotimi Ameachi made a declaration that all freight forwarders operating in the Nigerian Ports should pay a fee called the POF to be collected by the CRFFN.
The directive further tied the access of any freight forwarder to the Port and taking delivery of his goods to the payment of the fee.
However, in 2018, the National Council of Managing Directors of Licenced Customs Agents(NCMDLCA) approached a Lagos High Court in order to stop the collection of the controversial POF which commenced in 2017.
In the suit No. FHC/CS/765/2018, filed before Justice D.E Osiagor of the Lagos High Court, the Council of Managing Directors sought the following reliefs:
“A  declaration that the business of Licensed Customs Agents(LCA) is not under the control and regulation of the Ministry of Transportation and Council for the Regulation of Freight Forwarding in Nigeria(CRFFN).
“A declaration that Licensed Customs Agents and the Business of Licensed Customs Agents, and the right of Licensed Customs Agents to enter the Port to conduct and carry out business of Licensed Custom Agent is created and regulated by the Customs and Excise Management Act.
“A declaration that Licensed Customs Agents and the Business of Licensed Customs Agents and Freight Forwarders and the Business of freight Forwarding are functionally and operationally different bodies and business under the control, regulation and supervision of different and separate Government Ministries and parastatal.
“A declaration that the Ministerial Directive mandating that  Council For the Regulation of Freight Forwarding in Nigeria to Commence collection of Practitioners Operating Fees(POF) and that the Payment of Practitioners Operating Fees is a requirement for release and delivery of cargo from the sea-Ports, AirPort and Land Borders Station is ultra vires, the power of Minister of Transportation and therefore null and void.
“A declaration mandating the Nigeria Customs Service(NCS) to ensure that all Licenses issued or renewed by the Nigeria Customs Service(NCS) to ensure that all Licenses issued are renewed by Nigeria Custom Service(NCS) will first be cleared by Council For the Regulation of Freight Forwarding in Nigeria(CRFFN) by conforming payment of Registration, Annual Subscription and Practitioners Operating Fess as it affect the business of Licensed Customs Agents is ultra vires the power of the Minister of Transportation and thus null and void.
“A declaration that the Ministerial Directive mandating that Security Gate-Passes for access to Seaport and International Cargo Airport and Land Border Ports be issued by Council For the Regulation of Freight Forwarding in Nigeria is ultra vires the Ministerial power and thus null and void.
In the originating summon disposed to by Mr Lucky Eyis Amiwero, the National President of Council of Managing Directors, the association sought an order of the court for the following:
“AN order revoking and quashing the Ministerial Directive of the 2nd Defendant issued and published in Vanguard Newspaper issued on Tuesday, August 1, 2017 at page 29 only relates to the business and operation of Licensed Customs Agents.
“AN order that Licensed Customs Agents be allowed access to the Seaport, Cargo Air ports to carry on their legitimate business upon presentation of valid license as registered Licensed Customs Agents.
The defendants in the suit were the Honorable Minister of Transportation, the Nigerian Ports Authority(NPA) and the Council For the Regulation of Freight Forwarding(CRFFN) in Nigeria.
In his landmark ruling on May,26th, 2025, Justice D.E Osiagor granted all the reliefs and orders sought by the Plaintiff,the Council of Managing Directors.
The Judge therefore made the following declarations
“The regulation of Licensed Customs Agents is governed squarely by the Customs and Excise Management Act, which provides a comprehensive legal frame for the licensing and oversight of Customs operation in Nigeria specifically:
“THE MINISTER CHARGED WITH THE RESPONSIBILITY OF REGULATING , LICENSING LICENSED CUSTOMS AGENT IS THE MINISTER OF FINANCE AND NOT TRANSPORT
“It follows that only the Minister of Finance, acting through the Nigeria Custom Service is statutorily authorized to regulate the business and operation of Licensed Customs Agents.
“The Honorable Minister of Transportation is not recognized under the Customs Act as having any supervisory or regulatory role in this regard.
“The (CRFFN) Act established a Council to regulate Freight Forwarders- A profession distinct from License Customs Agents.
“Under Section 4 the (CRFFN) is empowered to determine qualification, register Freight Forwarders, and Set standard for practice
“License Customs Agent(LCA) is a distinct profession from Freight forwarders.
“The Regulatory reach of (CRFFN) does not extend to Customs Agents under the Customs Act, therefore, any attempt to subject Licensed Customs Agents to (CRFFN) regulation, include payment of Practitioners Operating Fees(POF) lacks legal foundation
“Licensed Customs Agents(LCA) are not subjected to the regulation of (CRFFN), include payment of Practitioners Operating Fees(POF)  lack legal foundation
“The Minsters Directives that only person cleared by CRFFN including payment of registration, subscription and Practitioners Operating Fees(POF) may  access the Port or renew Customs Licenses, is ultra vires,imposing unauthorized regulatory condition on Customs Agents(LCA) who are neither under the supervision of(CRFFN)
“The Honorable Minster of Transportation lacks the Legal authority to issue directive regulating the business and operation of Licensed Customs Agents. The directive is ultra vires, null and void as the encroachment upon the statutory function of the Minister of Finance.
“Licensed Customs Agents(LCA) are governed by CEMA, which vest regulatory control in the Nigeria Customs Service and the Minister of Finance.
“However, mandates that these Licensed Customs Agent(LCA) must first be cleared by the (CRFFN) a separate regulatory body established under a different statute, for purposes of obtaining port access of Custom License renewal.
“This create a direct and irreconcilable conflict of Laws, Customs Agent already Licensed under CEMA, are being subjected to a second, unauthorized layer of regulation.
“This duplicity undermines legal certainty and introduces regulatory confusion, in breach of Section 153 and 156 of CEMA, which vest exclusive Licensing authority in the Minister of Finance.
“It follows therefore that the Licensed Customs Agents(LCA) should not be subjected to overlapping and conflicting obligation stemming from separate and different statutory authorities without express legal backing.
“Secondly, the directive imposes the payment of Practitioners Operating Fees(POF) as a condition for port access and license renewal, even though there is no statutory obligation under CEMA for such payment.
” This amount to an unlawful financial imposition on class of professional who are already operating under a different statutory scheme, imposing financial obligation without clear legislative authority constitutes an abuse of executive power and violates the principle of legality.
“The directive further mandates that the issuance of security gate-passes for access to Port shall be subjected to  the (CRFFN) certification and payment of fess, this directly weakens/ impairs the ability of the Licensed Customs Agents to carry out their statutory duties at the Port, by conditioning their access on compliance with unauthorized requirements .
“The directive places the livelihood of these Licensed Customs Agents(LCA) at risk, and exposes them to arbitrary denial of access to the operational zones of their profession. Such regulatory overreach amount to constructive exclusion from lawful business and infringes the constitutional right to freedom of trade and profession guaranteed  under section
16(1)(b) and Section 17(3)(a) of the 1999 Constitution( as amended).
“Hence administrative actions that violate statutory or constitutional right must be struck down.
“Fourthly, the Ministerial directives is ultra vires, the power of the Minister of Transportation, it is settled law that an act done in excess of statutory authority is null and void and cannot have legal effect.
“The Directive creates legal Jeopardy for Licensed Customs Agent(LCA) by compelling them to comply with illegitimate demands, there placing them in a position of conflict with their primary regulator- the Nigeria Customs Service(NCS)”
” Licensed Customs Agents shall not be subjected to regulatory control by (CRFFN) or required to pay  fees or obtain clearance from (CRFFN) as a condition for access to  Ports or renewal of  their Licenses under Customs Act; the two questions for determination are resolved in favor of the Plaintiff/licensed Customs Agents(LCA)” declared Justice Osiagor in his final ruling.
Following this ruling, stakeholders expressed fears over the survival of the CRFFN which has been struggling due to inadequate funding and gross maladministration deeply steeped in alleged misappropriation of its scarce resources.
The challenge of the regulator of the freight forwarding industry was further compounded by government declaration which removed some MDAs, including the CRFFN, from collection of annual financial hand outs.
” Now that the court has restricted the scope of the collection of the POF, which is its main source of funding as its internally generated revenue(IGR), the survival of the struggling council is hanging on a thread” a concerned freight forwarder observed.
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Headlines

Mustapha Mohammed leads NANTA delegation to WTM London as NTDA stages comeback

Mustapha Mohammed

Funso OLOJO, Editor 

Nigeria’s organised private tourism sector is taking the lead in restoring the country’s presence on the global tourism stage as the National Association of Nigeria Travel Agencies (NANTA) prepares to showcase the country’s tourism potential at the 2026 World Travel Market (WTM) in London.

The three-day international tourism exhibition, scheduled for November 3 to 5, will see NANTA lead a delegation of Nigerian tourism stakeholders, with the Nigerian Tourism Development Authority (NTDA) also expected to participate, marking Nigeria’s return to the global marketplace after missing last year’s edition.

The renewed participation is particularly significant against the backdrop of Nigeria’s inconsistent presence at the annual exhibition since 2013, following the departure of Otunba Segun Runsewe from the then Nigerian Tourism Development Corporation (NTDC), now NTDA.

The absence of a sustained government-backed presence at the event has, over the years, raised concerns about Nigeria’s visibility, destination marketing and competitiveness in the international tourism market.

In response, NANTA stepped in to sustain the country’s participation, mobilising its members and privately sourced resources to secure Nigeria’s presence at WTM London for three consecutive years between 2022 and 2024, without government funding.

The association subsequently handed over the responsibility to the Federal Government through the then Ministry of Tourism and its relevant agency at a ceremony during the 2024 edition of the exhibition, in the hope of ensuring a more sustainable national participation.

This year’s outing will be led by NANTA’s First Deputy President, Mustapha Mohammed, who is heading a high-powered delegation to London in what represents his first international assignment since his election into the association’s leadership.

Mohammed is representing NANTA President, Dr Yinka Folami, who is currently engaged in another assignment on behalf of the association.

Speaking from London ahead of the exhibition, Mohammed expressed excitement about leading the delegation, commending NANTA members for their commitment and sacrifices towards promoting Nigeria’s tourism industry.

“I feel privileged to lead this great association to the London travel market and, most interestingly, to inspire again the return of Nigeria to the global tourism and travel trade market.

“We are proud to be the only association with a dedicated stand at WTM London, and I must thank our president, Dr Yinka Folami, for making this happen.

“As usual, we expect the teeming numbers of NANTA members to be here to make Nigeria proud. We understand NTDA will be here, and together, Nigeria’s tourism flag will fly again,” he said.

Meanwhile, NANTA’s immediate past president, Susan Akporiaye, has arrived in London ahead of the exhibition. She is reportedly coordinating efforts to facilitate the Federal Government’s participation through the NTDA and ensure a smooth national outing.

Her involvement reflects her continued engagement with the industry’s international promotion efforts, particularly the drive to ensure that Nigeria’s representation at global tourism exhibitions is coordinated by experienced industry stakeholders.

Also expected at WTM London is the Chairman of the Nigeria Tourism Sector Skills Council and immediate past President of the Federation of Tourism Associations of Nigeria (FTAN), Nkereweum Onung.

Onung, who also serves as Honorary Senior Special Adviser on Culture and Tourism to Akwa Ibom State Governor, Pastor Umo Eno, is expected to use the international platform to promote Nigeria’s tourism opportunities and strengthen engagement with global industry players.

He is also expected to unveil a new tourism marketing company, Experience Ibom, later in the year as part of efforts to market Akwa Ibom State as a destination for domestic and international tourists.

The initiative is expected to complement Governor Eno’s tourism development agenda, which includes investments in tourism infrastructure and efforts to position the state as an attractive destination for visitors.

For Nigeria, the return to WTM London presents an opportunity to rebuild international tourism relationships, attract destination-marketing partnerships and draw investment into the country’s largely untapped tourism assets.

Beyond the international attention generated by Afrobeats and Nigeria’s rich culinary heritage, particularly its globally celebrated Jollof rice, stakeholders believe the exhibition offers an avenue to translate the country’s cultural appeal into concrete tourism opportunities.

With NANTA providing a strong private-sector presence, the anticipated participation of the NTDA and the involvement of other industry stakeholders, the focus will be on converting Nigeria’s renewed visibility into business partnerships, investment commitments and increased international visitor arrivals.

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Commentaries

The CVFF Controversy: Why  war of words won’t buy Nigerian ships

Monday Discourse with Ibrahim Nasiru

The ongoing conversation regarding the disbursement of the Cabotage Vessel Financing Fund (CVFF) to indigenous shipping owners has taken a dramatic and highly confusing turn.

For over twenty years, local shipowners have looked forward to this fund as the critical lifeline that would finally allow Nigerians to own high-capacity vessels, dominate our own coastal waters, and stop foreign ships from taking over our maritime economy.

But while the bureaucracy delayed, the narrative became deeply fractured.

The maritime industry was recently rocked by a shocking revelation from former NIMASA Director-General ,Temisan Omatseye, at the 2026 Shipping Correspondents Association of Nigeria (SCAN) Summit.

Omatseye exposed what he described as a legacy structural error, claiming that dollar receipts collected from local operators were historically swept and converted into Naira by the Accountant-General’s office to chase higher domestic interest rates.

In a swift and aggressive counter-response dated November 1, 2026, the current Director-General of NIMASA, Dr. Dayo Mobereola, flatly dismissed the claims.

Mobereola insisted that there has been absolutely no conversion of the dollar-denominated component of the fund, asserting that all USD contributions remain fully intact within the Central Bank of Nigeria (CBN).

This public clash between a former helmsman and the current leadership creates a massive transparency crisis.

In the global maritime industry, shipping assets are priced strictly in US Dollars. If Omatseye’s account of past historical conversion is true, then a massive portion of the fund’s purchasing power has vapourized due to the recent steep devaluation of the Naira.

If Mobereola’s denial is correct, then the full $700 million value remains intact.

To settle this confusion once and for all, the Ministry of Marine and Blue Economy must move beyond mere press statements.

The government must immediately open its financial records and publish the certified CBN account balances of the CVFF.

Stakeholders deserve an independent audit, not a war of words.

Meanwhile, the long-awaited application portal launched by the Ministry continues to run straight into a banking brick wall.

Out of nearly a hundred applications, disbursements remain stalled because Primary Lending Institutions (PLIs) are demanding rigid credit terms, strict 15% cash equity, and long-term cargo guarantees.

As leaders within the Nigerian Indigenous Ship-owners Association (NISA) and the Shipowners Association of Nigeria (SOAN) have long lamented, many local shipowners are already heavily indebted, with their existing assets trapped by AMCON.

Demanding heavy cash equity and unachievable bank conditions to access their own contributed funds is simply setting local operators up to fail.

What does this portend for Nigeria?

Foreign vessels will continue to dominate our coastal waters, taking away billions of dollars in freight capital, while our youth lose out on thousands of seafaring jobs.

Minister Adegboyega Oyetola and NIMASA must stop the endless circular arguments. The government must immediately engage genuine indigenous shipowners, simplify the rigid banking rules, and provide full account transparency.

Our blue economy cannot float on a sea of endless delays and conflicting balance sheets. It is time to let Nigerian shipowners see the books, access the funds, and secure our waters.

Ibrahim Nasiru, a public affairs analyst, writes from Abuja 

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Headlines

“You Lied” NIMASA tackles its ex- DG, Omatseye, over claim of conversion of dollar- denominated CVFF to naira

Dayo Mobereola, Temisan Omatseye
Funso OLOJO, Editor 
The Nigerian Maritime Administration and Safety Agency (NIMASA) has latched out to Mr Temisan Omatseye over his claim that the dollar – denominated remittance into the Cabotage Vessels Financing Funds(CVFF) has been converted into Naira to attract higher interest rates.
Mr Omatseye, who was the former Director – General of NIMASA from July 2009 to December 2010, make this claim at a public function in Lagos last week.
In a rebuttal statement personally signed by the Director General of NIMASA, Dr Dayo Mobereola, the agency frowned at what it described as false and misleading claim made by its former helmsman.
“For the avoidance of doubt, this claim is incorrect and does not reflect the actual status of the CVFF.
“The revenue streams accruing to the CVFF are denominated in different currencies.
“Accordingly, funds remitted in United States dollars are retained in dollars with the Central Bank of Nigeria (CBN), while contributions remitted in naira are retained in the local currency.
“There has been no conversion of the dollar-denominated component of the CVFF to naira, contrary to the allegation” the statement declared.
However, the agency reiterated its commitment to disbursement of the controversial CVFF, claim the Minister of Marine and Blue Economy, Adegboyega Oyetola, “is working assiduously towards ensuring the imminent disbursement of the Fund to qualified beneficiaries”
The statement further disclosed that the  agency has received applications from eligible beneficiaries, some of whom are currently undergoing the required documentation processes with their preferred Primary Lending Institutions (PLIs).
“NIMASA remains optimistic that the disbursement process will commence shortly.
“The Honourable Minister’s commitment to ensuring the disbursement of the CVFF is consistent with the Renewed Hope Agenda of President Bola Ahmed Tinubu, which seeks to strengthen indigenous capacity, empower local operators and enhance the competitiveness of Nigeria’s maritime industry”
NIMASA therefore urged the industry operators and members of the public  to disregard what it regarded as the misleading reports suggesting that the CVFF has been converted from dollars to naira.
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