Eromosele Abiodun
The Nigeria Association of Auctioneers (NAA) has vowed to resist the plan by the Nigeria Customs Services (NCS) to auction seized and contrabands goods via electronic (e) auction.
The NAA said the NCS’s plan to unilateral conduct sales via e-portal is a violation of the law of the land and may lead to fraud and nepotism.
Secretary General of the association, Isibor Benjamin Abhulimen, who stated this in a chat with THISDAY said the NAA will not hesitate to take legal action against the NCS if it fails to reverse the plan.
He said: “There is need to look into the Customs Act Section 191, which conflicts with the Laws of the Federation of Nigeria (Sales by Auction Law, cap 187 and CAP 12, Chapter 12, Laws of the Federation of Nigeria, have detailed interpretation of the Act of Sales by Auction. Bureau of Public Procurement Act, Part X –Disposal of Public Properties. Section 54, 55 (5) (d) and section 56 (3)), that defines the role of an Auctioneer especially in the area of disposal.
“Section 191 of the Customs act empowers the C.G customs to go about the business of constituting committees for onward disposal of overtime and contraband cargoes, however there is need to have a clear cut interpretation whether or not after the committee set up by the C.G of Customs, after they ensure forfeiture and carry out due diligence on identification, classification and valuation, should they still be the ones to sell or not, or if at this point the services of an Auctioneer is required.”
He added: “In the general opinion, allowing the CG Customs to value and also be a sales man is likened to been a judge in your own case which creates a lot of room for blatant corrupt practices and leakages in revenue derivation and this also negates global best practices and the very essence of the establishment of due process which has a motto of transparency and accountability.
“Hiding under the guise of e-auction as an excuse to improve the mode of disposal still does not give the room for checkmating the excesses of the Customs. The body of auctioneers can pilot e-auction platform if the need arises and when there are proper legislation to carry out such. The NCS leadership should stretch out their hands to work with other professionals and toe the line of transparency, accountability and equity.”
He stressed that the body of auctioneers in the country will not sit and watch an agency of the federal government take a unilateral decision that does not have any legal basis and no legal frame work.
“It is obvious and very clear that the Customs Comptroller General is acting without following due process and the Law, because there is no existing legal frame work that enables the NCS to sell seized and contrabands goods by e-auction. Just recently the Committee on Customs in the National Assembly invited all stake holders on the repeal and re-enactment of certain Laws and Provisions that will enhance the NCS. “Stake holders represented expressed their different views and made useful contributions and notably on the Agenda was the fact that there is a need for the CG Customs power over sales to be properly addressed, even in the SEMA Law it is noted that the CG appoints the committee for disposal and before disposal he has the option of appointing an agent to conduct the sale.
“The definition of who the agent is according to the Nigeria Constitution and Law is the man so Licensed by the Government to Conduct such sales on her behalf and that person is the Auctioneer, this was part of the interpretation the body of auctioneers asked to be properly defined in the stake holders meeting at the plenary session of the Senate,” he added
In a bid to shore up the federal government’s revenue, the NCS had last week announced that it will soon commence electronic auction of seizures across its commands in the country.
