At NEC Meeting, ANLCA Identifies Ambiguities in Customs Act 2023, Seeks Amendment to Post Clearance Audit
Group photograph of ANLCA National Executive Committee (NECOM) with the President of ASIMPIN Eze Damian Obianigwe (6th from left) at the ongoing NEC meeting of ANLCA in Lagos.
—As ASIMPIN President, Damian Obinigwe Sues for Peace Among Members
By DAPO OLAWUNI
The Association of Nigeria Licensed Customs Agents (ANLCA) is calling for amendments to the Nigeria Customs Act of 2023, citing several ambiguities within the legislation.
This was a key point in the opening address by ANLCA President, Emenike Nwokeoji at the ongoing National Executive Council (NEC) meeting of the association in Lagos.
Nwokeoji stated that while the association has been working to navigate the new law, a formal presentation to the National Assembly for amendments is being prepared.
Citing some of the ambiguities in the customs law, the ANLCA President said
“Before now, the CEMA says that after clearing cargo, you should not destroy your document until after seven years. This was understandable because, when CEMA came into law then, there was no calculator, it was later we had calculators, adding machines and then computer.
“How come now, document go through scrutiny, despite having Form M, to PAAR and Post Clearance, and yet you are saying that after ten years, you will still call back the agent or importer for infraction on the document?
“Exchange rate between 2023 and now have changed so many times, if you are raising a Debit Note for me, and the system is programmed, it means the cargo is cleared with N700 as exchange rate, you will now use the prevailing exchange rate of N1,500 to raise a Debit Note for me? Does it make sense?” he queried.
He noted that the new Customs Act was signed into law shortly before his administration took office, and while the association has had to “live with them” for now, they are ready to push for changes at the appropriate time.
“We have identified a lot of ambiguity in the Nigeria Customs Acts of 2023 which was passed by the National Assembly and signed into law just before we assumed office.
“Until necessary amendments are made through the National Assembly, the much we’ve done is to articulate them in readiness for a possible presentation for an amendment at the right time. But until then, we have to live with them” he said
In addition to the Customs Act, Nwokeoji highlighted ANLCA’s engagement with other key developments in the maritime sector.
He mentioned the association’s contributions to the new Nigeria Customs Service-managed B’Odogwu system, which he said has improved agents’ ability to monitor their jobs remotely.
Nwokeoji also confirmed that ANLCA is actively following up with the new Single Window Committee to ensure the interests of customs agents are protected.
He reported on a recent mutually beneficial meeting at the ANLCA national secretariat, which took place as the committee prepares for a launch next year.
He explained this early engagement with the Single Window Committee would help identify and address potential conflicts or omissions before implementation of the scheme in 2026.
Speaking, he said “We are following up with the new Single Window Committee to safeguard our operations as the major key operator and beneficiary of the project.
“Just yesterday, we had a mutually beneficial meeting with them at our National Secretariat as they prepare for a roll-off next year. This will help us in identifying potential areas of conflict or omissions and to suggest ways of handling it before the lunch and implementation”
The ANLCA president also touched on the newly launched tax laws, stating that some of the association’s input to safeguard their profession was considered. He expressed hope that the human factor will not alter the main intent during implementation.
Nwokeoji appreciated all members of ANLCA for their support in restoring peace and cooperation within the association.
He however lamented that some members of the association are still bitter and nursing the wound of their lost in the last elections conducted. He observed that many top shots of the association were invited for the NEC meeting but they chose to boycott it out of bitterness.
“ANLCA being the foremost association in the maritime sector have reclaimed its lost glory in less than 2 years of the present NECOM. The credit goes to most of you for the success we have enjoyed.
“We wrote letters to so many people but they are not here, these are people that are still carrying wounds of the past and it is unfortunate. There is no government or leader that is perfect, it is a stage where you have to play your role and leave.
“We have brought ANLCA to a progressive trajectory especially in stakeholders engagement, relating with government on policy issues. My leadership has resolved major operational challenges for members” he said
Meanwhile, the President of Association of Igbo Maritime Practitioners in Nigeria (ASIMPIN) Eze Damian Obianigwe who graced the ANLCA NEC meeting, urged the president of ANLCA to reach out to aggrieved members of the association and bring them back to the fold.
