Eromosele Abiodun
Maritime expert and member of the Reconstituted Presidential Task Force for the Reform of Nigeria Customs Service, Mr Lucky Amiwero has warned against the removal of the President and Minister of Finance power to initiate and regulate trade and fiscal Policy in the planed amendment of the Nigeria Customs Service (NCS) Act.
Amiwero who stated this in his presentation to the House Committee on Customs and Excise warned that doing so will constitute serious setbacks to the economy adding that disregard for multilateral and bilateral trade agreements will have far reaching security and Economic implications to the nation.
He stressed that the title of the Nigeria Customs Service in the bill is designed and personalized for the management of the NCS against global best practice.
According to him, “The Conflict in the bill with the function of Central Bank of Nigeria (CBN) as the receiver of money on behalf of federal government will create serious setback to the federal government on revenue control and management. The conflict in the bill with the Ministry of Trade and Finance on trade and fiscal policy formulation and regulation, will constitute set back to the economy that will not be directed by either the President or Minister.
“The conflict in the bill with the Function of Ministry of Trade, Finance and Transport on the promotion of Trade Facilitation (ATF) will have negative implication on Nigerians International Commitment as contracting party to WTO Convention for agreement on Trade Facilitation (ATF) under the Bali conference 2013, where Customs initiate policy, regulate policy, direct policy and implement policy too bad.”
He added that the conflict in the Fifth Schedule and the unspecified lists of Customs and Excise laws, will usurp and override the powers of the President and Minister over any existing Customs and Excise Laws if allowed.
This, he warned, will drive away foreign direct investment and conflict with most domestic laws and trade conventions.
“It will in turn confers all related Customs and Excise Laws under the direct control of the Comptroller-General and remove any such power exercise by the President and the Minister, to impose, vary or remove duty or levy under section 11, 12, 13 and 14 of the Customs, Excise Tariff, etc.(consolidation) Act No.4 of 1995, which is among the customs, excise laws that will eventually be listed, Amiwero said.
He added, “The Federal Minister of Finance as the Chairman of the Board and the Custodian of the Act, by the provision of Section 4-(1)(2)(3) and 5-(1) in addition to the provision under section 148 of the Constitution, should seek for the withdrawal of the Nigeria Customs Service draft bill from the National Assembly, in a bid to constitute a Committee of Experts and core stakeholders, to review the Nigeria Customs Service draft bill in line with international best practice.
“In the draft bill, Nigeria Customs Service was unduly allocated with uncontrollable powers over the President commander-in-chief of the armed forces, The Ministers and other government agencies on policy making, regulation of the economy on trade and Fiscal policies and other matters, which negate the principle of global best practice on administration, control and management of Trade/Customs Act.”
