Federal High Court Ruling Boosts NAGAFF’s Position In Nigeria Customs Debate

Recent developments surrounding the Nigeria Customs Service (NCS) Act 2023 have sparked intense debate over the status and recognition of customs clearing agents and freight forwarders in Nigeria.

At the heart of the controversy is the designation “Customs Representatives,” outlined in Part XII, Sections 103(4b) and 106(3d) of the new law, which stipulates strict conditions for who may be granted this title.

According to Dr. Clement Iwegbuna, National Publicity Secretary of the National Association of Government Approved Freight Forwarders (NAGAFF),in a statement on Thursday 7 July 2025, only certified members of freight forwarding associations officially approved by the federal government qualify as customs representatives.

This he said, excludes many licensed customs agents associations and their members, who, he asserts, are not recognized under the new legislation.

Tensions have escalated following a Federal High Court judgment in Lagos favoring a faction of the National Council of Managing Directors of Licensed Customs Clearing Agents (NCMDLCA). The Association of Nigeria Licensed Customs Agents (ANLCA) welcomed the ruling, but NAGAFF views this support as a vendetta undermining the Nigeria Customs Service, the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN), and legitimate freight forwarding bodies.

Dr. Iwegbuna criticized the leadership of ANLCA and NCMDLCA for ignorance of the new law and urges the CRFFN to cease legal challenges against the judgment. He further calls for immediate deregistration of NCMDLCA, ANLCA, the Association of Registered Export Freight Forwarders of Nigeria (AREFFN), and the Nigerian Association of Freight Forwarders and Customs Agents (NAFFAC). Dr. Iwegbuna advocates replacing them with younger freight forwarding associations that comply with CRFFN regulations and contribute to government revenue through Port Operating Fees (POF).

He encourages members of the contested associations to register with NAGAFF to gain recognized status and operate legally as customs representatives under the new law.

In light of these developments, the statement has been officially communicated to the Honorable Ministers of Transport and Blue Economy, Finance, the Comptroller General of Customs, and the Registrar of CRFFN. The association anticipates urgent inter-ministerial cooperation to harmonize operations between the Nigeria Customs Service Act 2023 and the Council for the Regulation of Freight Forwarding in Nigeria Act 2007.

The proposed harmonization aims to advance customs modernization, ensure sustainable freight forwarding practice, promote industrial harmony, and enhance federal government revenue collection.