NCMDLCA Faction Dissociates From Federal High Court Judgment On POF Suspension

By Roland Ekama 

 

A faction of the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA) has distanced itself from the recent judgment by the Federal High Court suspending the collection of Professional Operating Fees (POF) by the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN).

The group said in a press statement made available to DAILYFOCUS NIGERIA over the weekend that it supports the POF collection, adding that CRFFN is a Federal Government agency mandated to regulate and control the activities of freight agents in the country.

In a statement signed by the factional President, Chief Ifeanyi Anakweze, and Secretary General, Chief Festus Ukwu, dated 10 July 2025, the group said that NCMDLCA and four other associations registered and accredited by CRFFN are all under CRFFN’s control. There are no issues warranting any court case to stop the peaceful collection of the POF by the regulatory agency, as directed by the Hon. Minister of Marine and Blue Economy, in line with President Bola Ahmed Tinubu’s administration’s policy to revive Nigeria’s economy.

According to the statement, NCMDLCA cannot be an exception to other registered and accredited associations regulated by CRFFN. It pointed out that freight agents benefit from the POF through a series of training and capacity-building programs organized by CRFFN from time to time.

The group therefore maintained that members of NCMDLCA fully support the POF collection and must continue to pay, as operators are neither complaining nor resisting payment of the fee.

“Our attention has been drawn to one court judgment. The said Lucky Amiwero was suspended, sacked, and removed as President of NCMDLCA long ago, and as such, he is not in a position to lead or obtain any court judgment on behalf of NCMDLCA in any way.

“CRFFN is a Federal Government agency mandated to regulate and control the activities of freight forwarders and licensed customs agents in the country. NCMDLCA and the other four associations registered and accredited by CRFFN are all under CRFFN’s control.

“There are no issues warranting any court case to stop the peaceful collection of the POF by CRFFN, as directed by the Hon. Minister of Marine and Blue Economy, in line with President Bola Ahmed Tinubu’s administration’s policy to revive Nigeria’s economy.

“NCMDLCA and the other four associations support the peaceful collection of POF by CRFFN and hereby denounce Lucky Amiwero and his so-called POF as directed by the judgment. We are not part of the judgment and must continue to pay the government. We will not join Lucky Amiwero in disobeying Federal Government directives on the peaceful collection of POF by CRFFN.

“The process is peaceful and supported by all freight forwarders and customs clearing agents, and no association is complaining or resisting payment. CRFFN controls registration of individuals, so we pay willingly because it is a Federal Government directive backed by the National Assembly Act 16 of 2007.

“NCMDLCA cannot be an exception to other registered and accredited associations regulated by CRFFN. Clearing agents and freight forwarders enjoy the benefits of the POF through training and capacity building organized by CRFFN. Therefore, NCMDLCA fully supports POF collection and we must continue to pay.”

Recall that the Federal High Court in Lagos ruled that the Council has no legal authority to regulate Licensed Customs Agents or collect the controversial Practitioners Operating Fee (POF) from them.

Justice D.E. Osiagor, presiding over Suit No. FHC/CS/765/2018, declared that CRFFN—established under the CRFFN Act of 2007—was created solely to regulate freight forwarders, not Licensed Customs Agents (LCAs).

The court emphasized that LCAs operate under the Customs and Excise Management Act (CEMA), which places them under the exclusive regulatory control of the Minister of Finance and the Nigeria Customs Service (NCS).

The ruling invalidates a 2017 directive from the Ministry of Transportation that required customs brokers to register with CRFFN and pay fees—including the POF—as a condition for port access and license renewal.

The court called the directive “ultra vires, null, and void,” stating it imposed unlawful and conflicting obligations on LCAs.