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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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Stakeholders kick against renewal of ETO contract with TTP as NPA reviews agreement 

Funso OLOJO, Editor 
There is a groundswell of opposition among maritime stakeholders against any plan for  renewal of Electronic Call- Up System, otherwise called ETO,
contract with the Truck Transit Park(TTP).
TTP company was the pioneer contractor engaged by the Nigerian Ports Authority (NPA) in February 2021  to drive the e- call up system at its commencement at the Nigerian ports.
However, the five- year contract expired last February while the NPA is set to review the contract again.
While the TTP have started lobbying the NPA management to get a renewal of the lucrative contract, stakeholders have called on the agency to shun the request of the contractor and instead give it out to a more competent company which is not suseptible to corruption.
The stakeholders argued that, though the electronic truck movement system was a laudable initiative but was married by fraud , corruption and gross  inefficiency as the TTP officials used the system to extort truckers.
The Council of Maritime Transport Unions and Associations (COMTUA) has expressed strong opposition to the contract renewal, citing allegations of fraud, extortion, and inefficiency in the TTP.
COMTUA noted that the system has caused financial burden and, at times, worsened, rather than improved, the waiting times for trucks.
COMTUA  therefore urged  the NPA to consider other more efficient solutions for managing port access.
Stakeholders readily pointed to the plate number and ticket frauds which rocked the system
During the crisis period, plate number and cloning fraud emerged as major methods used to sabotage the Electronic Call-up System (“Eto”) at Nigerian ports, enabling unapproved trucks to gain access to port terminals.

Syndicates and fraudulent truckers have been caught using fake, duplicated, or borrowed license plates to match Eto tickets, a practice that undermined the automated system intended to manage traffic congestion

Truckers often duplicate the plate number of a vehicle with a valid Eto ticket and attached it to an unauthorized truck.

Fraudsters engage in “proxy booking,” where they generated tickets for fake or non-existent trucks and then use those tickets for other vehicles by swapping plate numbers at the gate.

Due to the scarcity of spots,, valid Eto tickets were frequently resold at inflated prices (up to ₦450,000 against a ₦21,000 official rate), with the forged plate numbers used to bypass security checks.

The Nigerian Ports Authority (NPA)  intercepted hundreds of fake plate numbers and counterfeit Minimum Safety Standard (MSS) stickers in single raids, particularly around the MPS pre-gate in Apapa.

It was these and other fraudulent acts perpetrated under the management of ETO by the TPP that made stakeholders to advised the NPA not to renew the contract with the company.

“Renewal of the TPP contract will be a monumental error by the NPA because the company used the system to extort and overburdened the truckers.

A more competent company should be engaged to drive the process”  one of the truckers union executives told our reporter.

However, the NPA has reaffirmed its dedication to a “congestion-free” port environment and is actively assessing the performance of the Eto system.

The agency emphasized that the electronic call-up is now a cornerstone of their digital agenda, aimed at increasing transparency and minimizing human interaction.

The review process is ongoing, with significant pressure from stakeholders to either continue with the current system (with improvements) or seek a new, more efficient solution to maintain sanity on the Apapa and Tin Can Island port access road

But the Authority  has assured port users and industry stakeholders that there will be no disruption to operations as it reviews the expired agreement governing the Electronic Truck Call-Up System (ETO)

The contract between the NPA and Truck Transit Park Ltd (TTP), which manages the ETO platform, reached its term at the end of February and is currently under review.

Nevertheless ,the Authority has moved swiftly to calm concerns, emphasizing that port efficiency and seamless cargo movement remain top priorities.

In a statement, the NPA’s General Manager, Corporate Communications, Ikechukwu Onyemekara, said there are clear provisions within the expired agreement to guarantee operational stability.

“There are options under the expired agreement to be adopted to ensure that necessary arrangements are in place for business continuity by the parties that would ensure that operations are not disrupted in any way,” Onyemekara said.

He described the review as a routine administrative process consistent with global best practices, noting that the Authority is committed to safeguarding the gains recorded since the introduction of the digital call-up system.

The ETO platform was introduced in 2021 at the height of the Apapa gridlock crisis to regulate truck movement into the Lagos ports corridor.
By requiring pre-booked access slots before trucks approach the ports, the system restored order to the once chaotic logistics chain and significantly reduced traffic congestion along port access roads.
Industry observers noted that under the NPA’s supervision, the digital regime has contributed to improved cargo evacuation, enhanced vessel turnaround time, and greater predictability in port operations.
They however warned that renewing the contract with TTP will reverse the gains of the system and stagnate the process of electronic movement of trucks in and out of the Ports.
While the review process continues, the NPA has reiterated its commitment to transparency, efficiency, and stakeholder engagement in determining the next phase of the call-up system.
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National Single Window, a marriage of strange bed fellows that may change nothing in cargo clearance process – Segun Musa 

Funso OLOJO, Editor 
A maritime expert and the National Vice President of the National Association of Government Approved Freight Forwarders (NAGAFF), Dr Segun Musa, has taken a swipe at the celebrated National Single Window(NSW) programme of the Federal government, describing it as a ‘mere jamboree’ that may not have the desired impact on cargo clearance process at the Port.
Dr Musa, who was the guest at the weekly Maritime Reporters Association of Nigeria (MARAN) roundtable discussion programme held on Wednesday, February 4th, 2026, at Apapa , Lagos,said the NSW is like ‘an ordinary shell that houses different agencies’ that don’t have equal efficiency in trade facilitation.
He noted that SW is like a chain and it will be as strong as it’s weakest link.
The NAGAFF chief observed that if all the participating agencies are not ready and their operations are not automated, the whole essence will be a waste of time and resources because, according to him, one of the agencies in the link  can delay the process due to inefficiency.
” What is the level of competence and efficiency of the participating agencies?
“If all of them are warehoused in a single window, an incompetent agency among them could frustrate the process.
“So let nobody deceive us that there’s going to be one single window that it’s going to be a game changer that will facilitate trade and everything will just be moving. It’s never true” Musa declared.
It could be recalled that the Federal government has fixed March 27th, 2026 as the official date for the launch of the first phase of the NSW.
On African Continental Free Trade Area (AfCFTA), Dr Musa said the programme would not deliver meaningful impact for Nigeria without clearly defined, holistic and measurable policies to drive its implementation, criticizing what he described as Nigeria’s ceremonial participation in the programme.
According to him, genuine participation under AfCFTA should reflect in export volumes and measurable benchmarks rather than media showcases of minimal shipments.
“If we were serious under this scheme, we should be talking about exporting 200,000 to 300,000 containers by now — even up to a million.
” Instead, we are celebrating one or two containers and gathering media houses to showcase them. Is that participation? It’s painful for a country of this size,” he said.
Musa argued that policy frameworks must be predictive and structured in a way that allows stakeholders to key into them with certainty of outcomes.
“A policy must be holistic. You should be able to key into it and predict what will happen. That is the essence of policy. What we are doing now is a waste of time and resources,” he stated.
Responding to question on policy gaps and measurable benchmarks required to reposition Nigeria under AfCFTA, Musa maintained that the challenge was not the absence of declarations but the lack of institutional readiness and structured participation.
He further compared Nigeria’s export performance with that of Europe and Asia, noting that serious trading economies focus on volume and competitiveness rather than symbolic shipments.
The maritime expert expressed concern that without concrete benchmarks, coordinated institutional reforms and export-driven strategies, Nigeria may struggle to maximise opportunities under AfCFTA.
The roundtable ended with renewed calls for actionable policies, institutional competence and measurable targets to ensure that the continental trade agreement translates into tangible economic gains for the country
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Indigenous maritime investors seek partnership with NIWA for mutual development of inland waterways 

Gloria Odion, Maritime Reporter 
A coalition of indigenous maritime tourism and transportation investors has pledged to unlock strategic investment opportunities aimed at developing Nigeria’s vast but largely untapped maritime tourism economy for the benefit of littoral communities in Lagos and across the country.
The group, Allied Concessionaires and Blue Economy Alliance, made the commitment during a courtesy visit to the Lagos Area Manager of the National Inland Waterways Authority (NIWA), Engineer Sarat Braimah, on Tuesday at the NIWA Lagos Area Office.
Speaking during the visit, Chairman of the coalition, Bolaji Olasade, explained that the alliance is made up of reputable and experienced maritime tourism and transportation operators committed to redefining waterfront recreation and hospitality by integrating safe and efficient water transportation systems.
 He noted that the initiative is designed to create jobs, boost coastal tourism, and expand economic opportunities within Lagos and beyond.
“We came to formally introduce our coalition, which is not a conventional association but a consortium of visible and tested operators, mostly concessionaires, who are willing and ready to collaborate with NIWA to grow and develop inland waterways tourism infrastructure.
“We are also focused on opening up littoral communities through destination marketing and the promotion of resorts,” Olasade stated.
He added that the group seeks to reposition Nigeria’s brown water and blue economy sectors by transforming the country’s waterfront hospitality and tourism landscape into a globally competitive industry.
In her remarks, the Secretary of the coalition, Barrister Dorcas Aderemi, emphasized that the Nigerian marine and blue economy sector can only thrive when the inland waterways ecosystem is strategically aligned for sustainable investment and funding.
She called for a structured public-private partnership model between the private sector and NIWA to fast-track development and enhance inland waterways utilization.
According to her, such collaboration would not only stimulate economic growth and job creation but also significantly boost government revenue and national development.
The group commended Engineer Braimah for her leadership and commitment to industry growth, particularly her zero-tolerance stance on boat transportation accidents and security infractions on inland waterways in Lagos.
They also congratulated her on her recent Nelson Mandela Pan-African Leadership Award, describing it as a testament to her dedication to national service.
Responding, Engineer Braimah welcomed the delegation and expressed appreciation for their interest in partnering with NIWA.
She assured them of the Authority’s willingness to collaborate in unlocking opportunities within the inland waterways corridor in Lagos and across Nigeria.
“We are pleased to receive you and have listened carefully to your intentions to collaborate with us.
“We recognize that NIWA cannot achieve its mandate alone without the private sector, especially serious investors with genuine financial commitments to the industry.
“We will communicate your proposals to our headquarters in Abuja to explore how your group can leverage existing opportunities,” she said.
The Area Manager further highlighted the need to modernize inland water transportation by introducing new boats and ferries to gradually phase out outdated watercraft, thereby enhancing safety, efficiency, and value across the waterways transportation and hospitality sectors.
She concluded by urging the coalition to remain united, avoid internal conflicts, and focus on delivering meaningful impact, particularly for littoral communities that must be actively engaged and empowered to benefit from maritime tourism and transportation opportunities within their environment.
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