[dropcap]P[/dropcap]resident of the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) Mr. Lucky Amiwero has has revealed that the use of abandoned empty terminals at Kirikiri area of Lagos State is one possible way of ending the port congestion at Lagos ports, and the attendant traffic gridlock that has hindered its efficiency.

In a letter to President Muhammadu Buhari which was sent to pressmen, Amiwero said the Kirikiri Liter Terminal has the capacity to receive 15,000 containers. According to him, most of the empty space that was converted to terminal in the Kirikiri lighter port area, were identified during the port congestion in 2001 by the Special Committee on Action Plan for Clearing Cargo BackLog, which eventually assisted in decongesting Lagos port in 2001.

He said Kiririri Lighter Port has four empty terminals that can accommodate 15,000 loaded containers, which will ease the congestion in Lagos and shift some of the pressure from Apapa Tincan to Kirikiri port area.

“This will eliminate the possible litigation that will be generated from the international community and import trading community for diverting Lagos bound cargos to other ports, which have serious legal and financial implication in terms of the restricted diversion clause in the contract of carriage (Bill of Lading).

The following terminals; Brawl phase 1, Baco liner, Kirikiri phase 2 and Kirikiri phase 3 are empty terminals that are idle.

These terminals were used in 2001 port congestion and can still be utilized to clear the cargo backlog in Lagos Port by redeeming the country’s image and save the trading community from litigation, clearance and logistic complexities that is associated with diversion,”

He said that Brawl phase 1, Baco liner, Kirikiei phase 2 and Kirikiri phase 3 has the capacity to accommodate 2000, 4000,3000 and 2,000 containers respectively.

However, he called on the FG to declare a state of emergency in order to utilize available empty terminals in Lagos, adding that Lagos port congestion has backlog of cargo, which is held up as a result of accessing Apapa and Tincan Island Port alonside other logistics issues that constitute the long stay of cargo and ships in Lagos Port.

He said, Lagos Port congestion has backlog of cargo, which is held up as a result of accessing Apapa and Tincan Island Port and other logistic issues that constitute the long stay of cargo and ships in Lagos Port.

The state of emergency is to wave the “complexity of the lease agreement with the empty terminal owners at kirikiri Lighter Port and the cargo traffic elements on the concession agreement with concessioners.

This is to enable the faster movement of more containers from the wet Ports within Lagos by barges    to the Kirikiri Lighter Port, which will eventually prevent international and local litigation on the deviarting of cargos to other ports, which is not port of destination in contract of carriage .

He also advised the federal government to utilize part of the 7percent port development sur charge to dredge the channels leading to KLT.

“The part of  Nigerian Ports Authority(NPA) collection of 7% port Development Levy, should be utilized to create navigable channels and berthing facilities, so as to move cargos from the wet Port to the Kirikiri Lighter Port, which will help to ease the pressure from gridlock axis ,thereby  avoiding the litigation for deviating  cargos destined  for Lagos Ports to other ports.

In line of the provision of of the NPA  Act Section 32 –(a),  authorized  the authority  for the maintenance, control and management of the   channels and approach to the   to Nigerian Ports, which includes, making the channels free and navigable to vessel.”

[dropcap]T[/dropcap]he Federal Government had in May 2017 directed the Nigerian Ports Authority to immediately embark on a 24-hour ports operations across the nation.

While signing the Executive Order, the then Acting President, Prof Yemi Osinbajo, had stated that “the Apapa Port shall resume 24-hour operations within 30 days of the issuance of this order and there shall be no touting whatsoever by official or unofficial persons at any port in Nigeria.”
Osinbajo had even listed some of the government agencies that must operate inside the port.

According to him, some of the agencies authorised to deploy their officials to the port are; the Nigeria Customs, Immigration, Police, Port Health, Department of State Services (DSS), the Nigerian Maritime Administration and Safety Agency (NIMASA) and the Nigerian Ports Authority (NPA)

Other government organisations such as the Standards Organisation of Nigeria (SON), the National Drug Law Enforcement Agency (NDLEA), the National Agency for Food and Drugs Administration and Control (NAFDAC) were sent packing from the port.The idea of the executive order is to ensure that Nigerian ports become competitive and a hub in West and Central Africa where cargoes are released in a timely manner.

The idea is also to see a reduction in the cost of doing business at our ports.It is disturbing to note however that after two years of issuing the directive for ports to work 24hours, it has remained a difficult task to achieve.

First, lack of good port access roads; this was one of the major fears expressed by many port users as at the time the Vice President came up with the Executive Order. The second fear raised by operators was the lack of adequate security at the ports, coupled with poor lighting of the port environment at night.

It would be observed that two years down the line, none of the challenges and concerns identified by maritime experts have been addressed.

The only aspect of the port that seems to work 24 hours is the berthing of vessels at the port and other shoreline activities. Taking delivery of consignment on the other hand has failed completely.

Recently, there were allegations that terminal operators and shipping companies were not usually on ground for operations for 24 hours, especially on weekends and public holiday.

The Nigeria Customs are not also working 24hours, whereas at the wake of the executive order, the service out of “eye service” had came up with a roaster for it’s officers, especially at Apapa and Tin Can Island Port on how they would be operating shifts. All that have now gone down the drain.

Clearing Agents have also been accused by the Nigerian Ports Authority of not coming forward at night or on weekends to take delivery of their consignments, despite all the “provisions” that have been put in place by the authority.

It has been a blame game rather than a workable concept among the stakeholders.

All the concerned parties have tendered excuses on why they cannot be at the port round the clock.

Freight forwarders were recently contesting the rational behind the shipping companies and terminal operators collecting demurrage charges for weekend operations even when they are not available. They also raised alarm that on public holidays, the Ports are on shut down, yet agents are made to pay demurrages.

They had queried, “Were the terminal operators and shipping companies available on the public holidays on Monday and Tuesday? So why should they charge? They were not around. The licensed customs agent would like to take his consignment even on Sunday if the terminal operators open on Sundays”

“The port is supposed to work 24 hours but it is not working, I cannot go to the port by12 midnight to take my cargo today because of the security lapses.
The federal government should look into how to address these security lapses too”

“The roads are not also good enough to move our consignments, so these are the impediments where we are having the challenges”
Terminal operators must stop public holidays and weekend charges because they are not rendering the services”

The Customs on its part have argued that its officers are always on ground on Friday, Saturday and Sundays, except public holidays.

According to the service, once the freight forwarders have completed their cargo documentation, the port gates are always open on weekends. Due to lack of adequate security inside the port, the Customs have however said that its Customs Processing Centre (CPC)  cannot open for 24hours operations, especially at night for fear of being attacked.

“Don’t expect such a delicate facility to be opened even until midnight, because the CPC is the engine room of the Customs. But once you are done with documentation and it remains to take delivery, Customs will never be your problem” a source said

The failure of the Executive Order have made stakeholders to wonder the seriousness and level of commitment of the Muhammadu Buhari led administration towards the nation’s maritime industry.

While Nigeria, giant of Africa is still struggling with implementation of 24hours port operations, all over the world today, 24 hours port operations is already being practiced including at neighbouring ports Cotonou, Ghana and Togo.

Though we noticed that the present administration has actually taken some steps at addressing some challenges confronting ease of doing business at the ports, one of them is the meeting up of a Presidential Enabling Business Environment Council (PEBEC) chaired by the Vice President, Prof Yemi Osinbajo.

The committee on getting inaugurated had hurriedly released a report card on a 60-Day National Action Plan on Ease of Doing Business which was implemented from February 21, 2017 to April 21, 2017. The report had highlighted 31 completed reforms across the Council’s eight priority indicators.

However, all that is now ‘story for the gods’The second noticeable effort made by the government was the setting up of a presidential task force to control and ease off the traffic gridlock in and around Apapa port.

President Muhammadu Buhari inaugurated the committee and made Osinbajo the Chairman, again.The activities of the committee today still leaves a lot to be desired because maritime truckers have fragrantly disobeyed the order and continued to queue up on port access roads, without any consequences or punishment placed on them by the presidency.

Our advise is that now that the Transportation Minister Rotimi Amaechi has shown some level of commitment in his second coming by asking for suggestions from operators and for them to set agenda for him, the government should take the suggestions of the stakeholders seriously and act on them, these are the people who knows where the shoe pinches. It is our believe that PEBEC, as well as the Presidential committee on traffic gridlock did not really engage stakeholders in the industry on the best ways to achieve speedy clearance of goods from the ports and best way out of the traffic congestion, this is why they have not achieved any results.

[dropcap]B[/dropcap]arely a week of his resumption as the Acting Controller of the Nigeria Customs Service, Federal Operations Unit , Zone ‘A’ Lagos State, Deputy Comptroller Usman Yahaya has continued to live up to his statutory responsibilities especially in the area of anti-smuggling operations.

His quest for outstanding performance using credible intelligence has begun to yield positive results with the interception of various contra ban goods ranging from 2,065 jerrycans of vegetable oil of (25litres each), 1,185 bags of 50kg foreign parboiled rice, 1500 jerrycans (25lts each ) of diesel all amounting to a Duty Paid Value of N67,362,500.00 .The seizures were made between January 7th to 14th, 2020.

The goods were seized along different unapproved routes within the Unit’s areas of coverage.

According to a release issued by the Unit’s Public Relations Officer, Jerry Attah , he said that the feat is coming as a result of series of meetings held with their Sectional Heads, Team/patrol Leaders where the Controller had unveiled the management’s mandate
bestowed on him. Which includes blockage of all revenue leakages, trade facilitation and intensification of anti-smuggling operations at various entry
points, Seaports, land borders and Airports within their areas of jurisdiction in the south west zone.

DC Yahaya also warned smugglers and other duty evaders of the dangers that lies ahead for them if they do not engage in legitimate trade, as some have started counting their losses.

He said “You will agree with me that the fight against smuggling can only be won if all hands are on deck”.
Yahaya also called on the media and the general public to support the fight against smuggling by providing necessary intelligence that could assist the Service in reducing smuggling to its barest minimum.

Meanwhile, DC Yahaya’s redeployment was part of the Comptroller-General’s strategy to rejig and reposition the Service for greater efficiency and effectiveness, especially in the areas of revenue generation, trade facilitation as well as combating smuggling.

Deputy Comptroller Usman Yahaya is a quintessential and an enforcement guru who hitherto was the Coordinator of Strike Force, Zone ‘A’, before he was posted to FOU ‘A’ as the Acting Controller.
He took over on Tuesday 7th January 2020, from Comptroller Aliyu Mohammed, who was elevated to a new assignment as the Acting Sector 4 Commander of Border Drill
Operations code named Ex-Swift Response.

The assumption of office by Usman Yahaya at FOU ‘A’ has sent panic to all smugglers and non-compliant traders knowing very well his antecedents as an enforcement Czar. He however thanked the Comptroller General of Customs, Col. Hameed Ibrahim Ali (Rtd) and the entire Management team of the Nigeria Customs Service for considering him worthy and assured he will work assiduously with all officers to justify the confidence reposed on him.

The Nigeria Customs Service has allocated revenue figures to various commands and areas to meet up N2trillion Target for 2020.

Controller General of Customs , Col. Hameed Ali in a recent circular sighted by our reporter , approved the revenue generation target and directed immediate implementation.

The circular signed by Talatu Mairo Isa, Deputy Comptroller General in charge of Tariff and Trade showed monthly, weekly and daily targets allocated to various commands and formations across the country

Apapa and Tin can Commands got the highest and second highest annual targets of N607,176,076,930.33 and N507,343,170,932.09 respectively. Apapa was also given a daily target of N1,807,071,657.53 and weekly target of N12,649,501,602.72 with a monthly target of N50,598,006,410.86.

Tin can Port command was given a monthly target of N42,278,597,577.67 with weekly target of N10,569,649,394.42 and daily target of N1,509,949,913.49.

Ports Terminal Multiservices Limited Command, the country’s number one vehicle importation port ,got annual target of N238,224,920,038.88 while Portharcourt Area 2 command in Onne was given N238,224,920,038.88

The service started hitting over a trillion Naira annual collection some three years ago under its present CG, who recently directed Area Controllers to forward list of Customs officers suspected to be revenue risk to his office for sanction.

Ali had warned during a recent visit to Lagosthat his administration will not sparecustoms officers seeking to make money from their job outside their legitimate earnings

Isa wrote in the revenue sharing circular that the allocated figures were arrived at based on command peculiarities

[dropcap]T[/dropcap]he Public Relations Officer of the PTML Command, Nigeria Customs Service, Yakubu Mohammad has attributed the protest by some Agents at his Command this afternoon to non compliance Agents who are relying on “Valuation Outside,” instead of paying the real valuation given to them by the Customs.

Yakubu also said most of the protesters are not real Agents, but touts who are aggrieved that the Customs have blocked their fraudulent ways of livelihood.

Explaining what is “Valuation Outside”, the Command’s spokesman said, ” For example a vehicle is surpose to pay N3miilion , the Agent will go and forged valuation outside the Customs to pay N2million. If that happens, the valuation officer will placed ‘Alert’ on such vehicle.

“Do they expect the Customs officer to allow them carry such vehicles.? For sure multiple alerts even from Abuja will be placed on such consignments” he said.

This afternoon, Agents stage a peaceful protest at the entrance of the Customs Area Controller’s office at the PTML command, causing panic and fear.
Their complains were that Customs placed multiple alerts even after giving them value and they have been doing that to extort more money from them, as well as demurrage.

Meanwhile, the Customs Area Controller, Comptroller Dixon Florence quickly put the situation under control by advising the protesters to be trade compliance and pay their generated values from the Customs.