Tension As NAGAFF Declares ANLCA, NCMDLCA Unqualified Under New Customs Law

Tension As NAGAFF Declares ANLCA, NCMDLCA Unqualified Under New Customs Law

By Frank Odinukaeze

The National Association of Government Approved Freight Forwarders (NAGAFF) has raised serious concerns over the legal standing of certain freight forwarding associations under the Nigeria Customs Service Act 2023, declaring that only members of CRFFN-accredited freight forwarding associations, particularly NAGAFF, qualify to be recognized as “Customs Representatives.”

In a press statement signed by the National Publicity Secretary, Dr. Clement Iwegbuna, NAGAFF cited Part XII, Sections 103(4b) and 106(3d) of the NCS Act 2023, insisting that the new law makes it mandatory for anyone seeking to become a Customs Representative to be a certified member of a government-approved freight forwarding association.

This provision, according to NAGAFF, renders members of associations such as the Association of Nigeria Licensed Customs Agents (ANLCA) and the National Council of Managing Directors of Licensed Customs Clearing Agents (NCMDLCA) ineligible under the new legal framework, as these groups are not recognized by the Nigeria Customs Service Act.

“The new customs law does not know or recognize licensed customs agents associations or their members,” Dr. Iwegbuna said, describing the ongoing resistance by ANLCA and NCMDLCA to the new nomenclature—Customs Representatives—as rooted in “ignorance” and “vendetta.”

The press release further condemned the Federal High Court judgment obtained by a factional leader of NCMDLCA, which was welcomed by ANLCA. NAGAFF sees this as an attempt to undermine the authority of both the Nigeria Customs Service and the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN).

Highlighting the court’s interpretation of the NCS Act, the association stated:

> “Only NAGAFF members shall be privileged and honored to be conferred with the honor of ‘Customs Representatives.’ This is because the Federal High Court has granted relief that customs licensed agents are not freight forwarders.

The association also took a swipe at other CRFFN-registered associations like NAFFAC and AREFFN, expressing dismay at what it described as their lack of understanding of the implications of the new law.

NAGAFF is now calling on the CRFFN management to deregister ANLCA, NCMDLCA, AREFFN, and NAFFAC, suggesting they be replaced with emerging freight forwarding groups that have demonstrated compliance with CRFFN’s regulations and payment of the Port Operating Fees (POF).

The statement concludes by urging the Honourable Ministers of Finance and Marine & Blue Economy to convene an urgent inter-ministerial meeting to harmonize operations between the NCS Act 2023 and the CRFFN Act 2007, which NAGAFF says is vital to sustaining customs modernization and improving revenue generation.