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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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Commentaries

The Olokola Conundrum: DP World, Dangote, and ghosts of Nigeria’s contractual sanctity

Monday Discourse with Ibrahim Nasiru

The Ogun State Government’s recent signing of a $7 billion Memorandum of Understanding (MoU) in Paris with Dubai’s DP World has been loudly celebrated by state publicists as a monumental triumph for foreign direct investment.

The ambitious agreement aims to develop the Gateway Deep Sea Port and the Blue Marine Special Economic Zone within the strategic Olokola axis.

However, to seasoned watchers of Nigeria’s industrial policy and maritime concessions, this fresh diplomatic foray triggers a profound sense of deja vu.

By overlapping a fresh international agreement onto a maritime asset where the Dangote Group still holds an active, multi-billion naira partnership and controlling stake, the current administration is navigating a legal and political minefield.

The Olokola project is not a blank canvas; it is a highly contested zone haunted by historical policy reversals and unresolved sovereign commitments.

To understand the volatile structural foundations of Olokola, one must revisit its ambitious inception in 2004.

Conceived under the visionary yet politically fraught collaboration between former Governor Gbenga Daniel of Ogun State and the late Governor Olusegun Agagu of Ondo State, the Olokola Free Trade Zone was designed to be the ultimate crown jewel of Nigeria’s maritime and energy independence.

It attracted an elite, multi-billion dollar investment profile, headlined by the ill-fated Olokola Liquefied Natural Gas (OKLNG) project, backed by global giants including the NNPC, Shell, Chevron, and the BG Group.

Yet, despite its peerless economic blueprint, the entire enterprise famously collapsed under the weight of inter-state political rivalries, bureaucratic paralysis, and sudden federal policy shifts.

When international oil companies pulled out due to a lack of institutional guarantees, local conglomerates like the Dangote Group stepped in to secure strategic stakes, preserving the asset’s industrial viability for the future.

Bypassing this historical footprint without a clean legal resolution is an invitation to systemic friction.

Therefore, the current strategy of double tracking agreements over the exact same geographical and maritime asset represents a dangerous institutional risk.

While the state’s aggressive drive to unlock the economic potential of the Ogun coastline and expand the nation’s blue economy is highly commendable, courting a Middle Eastern maritime giant like DP World while ignoring an existing domestic investor creates severe legal vulnerabilities.

In global shipping and port development, international operators look for absolute clarity regarding terminal operations, land titles, and concession limits

You cannot sustainably attract premium global capital by exposing them to immediate, multi-billion naira litigation from entrenched domestic players who have already sunk enormous resources into the zone’s foundational layout.

International project financiers and global port operators do not just look at shiny executive MoUs signed in European capitals; they look closely at local title security, asset de-risking, and a host state’s history of respecting contract sanctity.

If Nigeria is to successfully position its emerging seaports as competitive hubs within the West African sub-region, it must learn to operate under the global standard of a landlord port model where rights are clearly defined and legally unassailable.

Overlapping political promises only serve to drive away serious developers and delay actual infrastructure delivery.

The global investment community is watching how Nigeria treats its premier industrial actors, and any sign of flip-flopping on contractual terms acts as a major red flag for foreign direct investment.

Ultimately, if Ogun State truly wants the Olokola Deep Seaport to transition from a twenty year boardroom dream into a world class maritime reality, it must aggressively clear its legal debts first.

The administration must pivot away from performative international signings and sit down at a transparent renegotiation table to cleanly buy out or harmonize interests with the Dangote Group.

Failing to do so will ensure that this $7 billion UAE deal suffers the exact same paralyzing fate as the 2004 OKLNG blueprint.

In the high stakes theater of global infrastructure, true economic growth is built on the unyielding sanctity of existing laws and contracts—not on the shifting sands of political expediency.

Ibrahim Nasiru, a public affairs analyst, writes from Abuja 

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Headlines

MARAN trains 20 members at shipping institute, pledges sustained capacity building

Gloria Odion,  Maritme reporter 

The Maritime Reporters Association of Nigeria (MARAN) has trained 20 of its members at the Chartered Institute of Shipping of Nigeria (CISN) in a renewed effort to deepen maritime journalists’ technical knowledge, strengthen professional competence and improve the quality of reporting on Nigeria’s shipping industry and emerging blue economy.

The Graduate Induction Training Programme, which ended on Saturday, October 10, 2026, exposed participants to the technical, regulatory, operational and environmental dimensions of the maritime industry.

Participants are expected to obtain a Postgraduate Diploma Certificate in Shipping upon successful completion of the programme.

The training covered critical areas, including maritime safety and security, integrated marine environment management, shipping and port management, cargo clearance procedures and documentation, as well as the marine and blue economy.

The initiative underscores MARAN’s determination to bridge the knowledge gap between maritime journalism and the technical realities of the shipping industry, equipping its members with the expertise required to report more accurately and analytically on developments across the sector.

Delivering the first lecture, a CISN lecturer, Mr Patrick Ambakederimo, examined the principles of maritime safety and security, highlighting their significance to efficient shipping operations, the protection of lives and property, and the sustainability of maritime activities.

He discussed the identification and management of risks associated with vessel operations, cargo handling and other maritime activities, emphasising the need for strict compliance with safety regulations, regular inspections, adequate crew training and effective emergency response mechanisms.

Participants were also exposed to the importance of intelligence sharing, effective surveillance, coordinated security operations and adherence to relevant international maritime security standards.

The lecture distinguished between maritime safety, which focuses on preventing accidents and operational hazards, and maritime security, which addresses deliberate threats, unlawful activities and other hostile acts within the maritime domain.

Another CISN lecturer, Mr Sunday Duru, delivered a lecture on integrated marine environment management, examining the need for coordinated strategies to protect marine and coastal ecosystems from the environmental pressures associated with shipping, port operations and coastal development.

Duru stressed the importance of collaboration among government agencies, maritime operators, environmental organisations, coastal communities and other stakeholders in addressing environmental challenges confronting the maritime industry.

He identified marine pollution, oil spills, improper waste disposal, plastic pollution and the degradation of coastal ecosystems as critical concerns requiring sustained attention.

He also highlighted the importance of environmental monitoring, pollution prevention, proper waste management and effective enforcement of environmental regulations in safeguarding Nigeria’s marine resources.

Other courses covered shipping and port management, cargo clearance procedures and documentation, and the marine and blue economy.

These sessions were designed to broaden participants’ understanding of the commercial and operational processes underpinning shipping and port activities, while exposing them to the economic opportunities available in fisheries, coastal tourism and other ocean-related industries.

Speaking on the initiative, MARAN President, Oluyinka Onigbinde, reaffirmed the association’s commitment to sustained capacity building as a strategy for producing a corps of maritime journalists equipped to report the industry with greater accuracy, depth and professionalism.

Onigbinde maintained that effective maritime journalism required more than the ability to gather information and write news reports, stressing that journalists must understand the policies, regulations, commercial transactions and operational processes that shape the industry.

According to him, a technically informed maritime press would be better positioned to interrogate policy decisions, scrutinise industry practices, hold stakeholders accountable and explain complex maritime issues to the public.

He said MARAN would sustain its professional development initiatives through strategic partnerships with maritime institutions, government agencies and private-sector operators, creating more opportunities for members to acquire specialised knowledge and practical industry experience.

The association, he added, would continue to explore training programmes that expose members to emerging trends in shipping, port operations, maritime security, international trade and the blue economy.

Onigbinde stressed that continuous professional development was essential to strengthening the credibility of maritime journalism and improving public understanding of the sector’s contribution to national economic growth.

He expressed optimism that the knowledge acquired by participants would translate into improved reporting, particularly in the coverage of port efficiency, shipping operations, maritime safety, environmental sustainability and government policies affecting the industry.

The training comes at a time when Nigeria is intensifying efforts to improve port competitiveness, strengthen maritime security, promote environmental sustainability and unlock the economic potential of its marine resources.

For MARAN, the programme represents an investment not only in the professional development of its members but also in the quality of public discourse on the maritime industry.

By equipping journalists with a deeper understanding of the sector’s technical and commercial realities, the association hopes to promote more informed reporting, strengthen accountability and enhance public appreciation of the maritime industry’s role in Nigeria’s economic development.

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Customs

MACI hails Customs’ anti-corruption framework, demands full implementation

Funso OLOJO, Editor

The Media Anti-Corruption Initiative (MACI) has applauded the Comptroller-General of Customs, Adewale Adeniyi, for introducing a comprehensive anti-corruption framework aimed at identifying institutional vulnerabilities, strengthening internal controls and promoting integrity across the operations of the Nigeria Customs Service (NCS).

The initiative, which MACI described as a significant milestone in the fight against corruption within the Service, is anchored on three key documents signed by the Customs chief: the Standard Operating Procedure (SOP) for Internal Corruption Risk Analysis and Mapping (ICRAM), the ICRAM Handbook and the Integrity Action Plan (IAP).

In a statement jointly signed by MACI President,  Funso Olojo, and Project Coordinator, Lod Onyeji, the organisation described the development as a “pivotal moment in the fight against corruption within the Nigeria Customs Service.”

Mr Olojo, who commended the initiative of the Customs, noted that the stance of the agency on corruption is in alignment with the aims and objectives of MACI which is an advocate for corruption- free society.

The signing ceremony, held on October 6th, 2026, at the NCS Headquarters in Abuja, also witnessed the inauguration of the ICRAM Steering Committee, which is responsible for identifying, assessing and mapping corruption risks across the Service’s operations.

According to the statement, the framework represents a proactive institutional approach to tackling corruption by identifying vulnerabilities in Customs processes and establishing measures to prevent abuse of office, improve accountability and strengthen public confidence in the Service.

The Comptroller-General, Adeniyi, disclosed that the framework was developed in collaboration with the World Customs Organisation (WCO) and partner administrations, including His Majesty’s Revenue and Customs (HMRC) of the United Kingdom.

He explained that the documents provide practical guidance for Customs officers operating at seaports, land borders and airports, equipping them with procedures and controls designed to promote integrity, transparency and accountability in the discharge of their responsibilities.

MACI noted that the introduction of the framework followed a pilot programme conducted across seven Customs Commands and Units, covering 66 processes spanning regulatory activities, core Customs operations and support functions.

The exercise culminated in the development of a comprehensive Integrity Action Plan containing 101 action items and 295 sub-actions designed to address identified corruption risks and strengthen institutional safeguards.

Key measures outlined in the plan include increased automation and improved audit trails, stronger supervisory mechanisms, clearer accountability structures, effective segregation of duties, regular staff rotations and targeted training programmes.

The framework also seeks to strengthen controls governing interactions between Customs officers and stakeholders, an area considered critical to reducing opportunities for corrupt practices and improving compliance with established procedures.

MACI commended the Customs leadership for adopting a risk-based approach to corruption prevention, noting that identifying and addressing institutional weaknesses before they are exploited is essential to building a transparent and accountable public institution.

The organisation, however, stressed that the effectiveness of the initiative would ultimately depend on the consistent implementation of the prescribed measures across all commands and operational units of the Service.

It therefore urged Customs management, officers, stakeholders and relevant partner institutions to support the full implementation of the framework to ensure that the initiative delivers measurable improvements in institutional integrity.

MACI expressed confidence that effective implementation of the ICRAM framework and Integrity Action Plan would strengthen internal controls, reduce corruption risks, promote ethical conduct and enhance public trust in the Nigeria Customs Service.

The organisation emphasised that the new framework should not merely remain a collection of policy documents but should translate into tangible changes in operational practices, staff conduct and the overall culture of accountability within the Service.

 

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