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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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Open Letter to President Bola Ahmed Tinubu on the need to assent to the Nigerian Shipping and Ports Economic Regulatory Agency(NSPERA) bill

By Elder Asu Beks

Mr President,on behalf of the  Maritime Elders Forum and  entire maritime stakeholders, i respectfully send you  season’s greetings.
There is no doubt, Mr President, that 2025 has been one of the most turbulent and challenging years in the history of our nation.
 From the wave of insecurity ,which you have tackled squarely,to the far reaching  economic reforms  which has translated to the tax reform bills , are all  pointers to the fact that you are taking the challenges head on.
Mr President , your modest achievements in the Oil and Gas sector are also there for all to see.
From the bold decision to abolish fuel subsidy to the increase in daily production levels to an average 1.8m bpd ,from about 1mbpd daily output as at May ,2023, and the complete disapperance of fuel queues, it is certain, Mr President, that you are building a legacy of renewed hope, unprecedented in the life of our nation.
 We cannot thank you enough, Mr President.
 For us in the maritime sector, the most profound of your score card remains  the creation of a specialised Ministry of Marine and Blue Economy.
The demand for a Ministry to oversee Nigeria’s vast  maritime domain is as old as Nigeria’s Independence.
For us as critical stakeholders, this couldnt have come at a better time.
 In just two years of the creation of this specialised Ministry, Nigerians are already reaping bountifully from this innovative move.
Only last month,Nigeria won an election into the elusive category ” C” of the International Maritime Organisation, (IMO).
This victory  is coming after  nine unsuccessful  attempts, spanning 14 years.
With this victory , which couldn’t have been posible without  your fatherly role,our fortunes as one of the greatest maritime nations in sub saharan Africa  has  been solidified.
 Mr President, another milestone recorded under your watch ,since the creation of the Ministry of Marine and Blue Economy is the introduction of the game changing National Single Window platform which comes into effect  in the first  quarter of 2026.
The National Single Window is a trade facilitation tool designed  to eliminate multiple entries by various regulatory bodies in business transactions in our seaports.
In other words, it is a digitalized platform that allows importers and exporters to submit all necessary documents, permits , and data to multiple government agencies through a single entry point.
Mr President, with these developments, you have etched your name as “the President who saw  tomorrow” by demonstrating in concrete terms, the enormous  potentials which this sector holds as your administration continues to look at a Nigeria beyond oil.
In this regard, Mr President ,we the  Maritime Elders Forum urge you ,without delay  to  sign into law, the Nigerian Shipping and Port Regulatory Agency (NPERA) Bill .
The NPERA Bill aims to transform the Nigerian Shippers Council, (NSC) into a powerful, independent economic regulator for Nigeria’s Ports,creating a strong  frame work for tariffs,fair competition and efficiency after port concession.
The Bill, a brain child of  Dr Tajudeen Abass, Speaker, Federal House of Representatives, is  aimed  to fill the vacuum created by an absence of  a  regulatory  agency in such a critical sector of our national economy ,as against other sectors such as  banking, petroleum , energy and  communication.
This critical Bill seeks to repeal the old Nigerian Shippers Council Act and empower the Council to manage port economic activities, boosting the Blue Economy.
Mr President, the laudable objectives of this Bill include;establishing an independent  regulation to create a strong legally backed economic regulator for our ports; Control tariffs, charges and regulate port charges  in such a manner as to prevent arbitrariness  and ensure fairness; to promote fair competition by improving overall port operations and attract investment; Support the Blue Economy to align with our national goals for developing Nigeria’s Marine Economy.
 Your Excellency Sir, this Bill was given an accelerated hearing ,and was passed by both chambers of the National Assembly on April 10, 2025 upon which it was forwarded to you for assent.
 Mr President sir, the delay or your failure to assent to this  Bill is coming at huge cost and has resulted in significant economic losses for Nigeria, primarily by perpetuating an unregulated and inefficient port system that has led to huge financial leakages that deter investment.
 Mr President, sir, it is estimated that the nation is losing billions of dollars dailly to the absence of a strong legal frame work for port economic regulation.
We have on good authority, Mr President, that this obvious lack or absence of a regulated ports industry is also taking a huge toll on local and foreign investments as an estimated $250b is said to be lost annually, aside arbitrary charges by terminal operators and Shipping Lines .
 In a nutshell, Mr President, the envisaged benefits of this brand new Ministry of Marine and Blue Economy has been eroded on account of the absence of a legal regulatory frame work.
As it stands, sir ,a Ministry of Marine and Blue Economy without an Economic Regulator is akin to a football game without a referee.
it means anything goes and the out come of a game without an official umpire could be better imagined.
 Mr President sir, consequently ,the time to sign the NPERA Bill is now.
Thank you Mr President for listening to this passionate appeal.
 Let this be your new year present to Maritime Stakeholders.
ELDER ASU BEKS, CONVENER, MARITIME ELDERS FORUM, LAGOS
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Tantita intercepts stolen crude on escort of  Delta Marine Police, arrests four suspects 

Funso OLOJO 
Tantita Security Services Limited, a pipeline surveillance operations company, has intercepted a tanker vessel, MT Thor, laden with suspected stolen crude oil.
The interception, which occurred on December 15th, 2025, around the Koko–Excravos axis of Delta State, happened while the vessel was allegedly being escorted by personnel of the Police Marine Unit, Delta State, who reportedly claimed they were acting on directives from the Force Intelligence Department (FID), Abuja.
Four suspects have been apprehended in connection with the incident and are currently facing investigation for possible prosecution.
The arrest was announced during the handover of the suspects at Koko Port in Delta State by Tantita Security Services Limited (TSSNL), a firm engaged in pipeline surveillance operations.
Speaking at the handover of the vessel and the suspects at Koko Port, Delta state, the Executive Director of Operations at Tantita, Captain Warredi Enisouh, said the suspects were apprehended with an unspecified quantity of suspected illegally sourced petroleum products aboard the vessel.
According to a situation report made available by the Special Prosecution Team (SPT) of the Inter-Agency Task Force on Petroleum Product Theft, Tantita alerted the Head of Investigation of the SPT after intercepting MT Thor, which was allegedly laden with crude oil obtained through illicit means.
Preliminary investigations by law enforcement agencies revealed that the vessel, now classified as an exhibit in an ongoing criminal investigation, is linked to a jetty operated by Ebenco Global Services Limited.
Investigation officers disclosed that documents and correspondence connected to the jetty were obtained and are currently under review.
“The owner of the jetty, Mr. Ebenezer, was contacted by investigators and reportedly provided additional documents, including court orders, which are also being analysed as part of the investigation.
“On December 16, a joint investigation team led by the Head of Investigation of the SPT conducted a Joint Inspection Visit in Koko.
The team first met at Tantita’s corporate headquarters in Warri for a briefing, which was also attended by the jetty owner.
“During the inspection, investigators attempted to obtain samples from MT Thor but were unable to do so immediately as the vessel had not yet arrived at the jetty, having been towed from an earlier location by security operatives.
“While awaiting the vessel’s arrival, the team inspected other containers suspected to be carrying crude oil within the premises of Ebenco Global Links Limited, where samples were taken from a storage barge.
“MT Thor eventually berthed at about 8:30 p.m. on 16 December, prompting the joint team to adjourn sampling and other procedures until the following day.
 As of 17 December 2025, investigators were reported to be en route to Koko to continue sample collection and complete investigation formalities,” the report read.
Receiving the suspects, the Head of the Special Prosecution Team of the Inter-Agency Task Force, Omar Sini, reaffirmed the Federal Government’s resolve to dismantle crude oil theft networks in the Niger Delta, assuring that all findings would be thoroughly examined and prosecuted in line with the law.
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Mobereola, NIMASA DG, reflects on year 2025 with satisfaction, says 2026 holds promising opportunities for maritime industry 

Funso OLOJO
The Director -General of the Nigerian Maritime Administration and Safety Agency (NIMASA) Dr. Dayo Mobereola, has expressed his satisfaction over the achievements recorded in the maritime industry in the outgoing year of 2025, while looking forward to a promising 2026 with hope.
In his Christmas message to the stakeholders in the maritime industry, Dr Mobereola noted that the 2026 ended well with the election of Nigeria into the category C of the International Maritime Organization (IMO) after 14 years of failed attempts as well as zero occurrence of piracy attacks on Nigeria’ waters.
“The year 2025 has been a good one for our industry as once again, we have not recorded a single piracy attack in our waters in a whole calendar year, Nigeria was also able to deposit three Instruments of Accession to IMO Conventions that were signed by President Bola Tinubu ,we have been able to maintain industrial harmony in the sector all of which culminated to Nigeria’s election into the category C Council of the International Maritime Organization.
“We couldn’t have done this without our stakeholders who have contributed in various ways in the course of their operations during the year. We see you, we thank you and we felicitate with your during this yuletide season”Mobereola observed.
He however assured that the Agency will re-double efforts in ensuring that 2026 is even better for every stakeholder.
While calling on industry operators to brace up for the new year with hope of better times, Dr. Mobereola noted that “at NIMASA, we appreciate the weight of our renewed responsibility by virtue of Nigeria’s membership of the IMO Council because to whom much is given, much is definitely expected.

” You can therefore be sure of an increased momentum in our resolve to sustain maritime safety, security, environmental protection and adherence to relevant conventions and protocols with renewed vigour.”

The DG concluded by acknowledging the support of President Bola Ahmed Tinubu, Adegboyega Oyetola, Minister of Marine and Blue Economy, industry stakeholders, management and staff of NIMASA as well as all Nigerians and wished everyone a Merry Christmas and a prosperous New Year.

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