The Africa Association of Professional Freight Forwarders and Logistics of Nigeria (APFFLON) has distanced itself from the decision made by four of the five self-accredited freight forwarding associations that took legal action against the Minister of Marine and Blue Economy, Gboyega Oyetola.
These associations challenged the appointment of Mr. Kingsley Onyekachi Igwe as the substantive Registrar/CEO of the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN), after they failed to meet the necessary requirements.
To recap, the Association of Nigerian Licensed Customs Agents (ANLCA), the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA), the Association of Registered Freight Forwarders of Nigeria (AREFFN), and the National Air Freight Forwarders and Consolidators (NAFFAC) all initiated court proceedings against the Minister, disputing Mr. Igwe’s appointment.
In a statement issued over the weekend and signed by APFFLON’s National President, Otunba Frank Ogunojemite, the organisation clarified that the leadership of the four accredited freight forwarding associations is representing their own interests rather than those of the broader freight forwarding community in Nigeria.
Describing the development as “sad and unfortunate“, Ogunojemite recalled that the freight forwarders had been clamouring for the appointment of a freight forwarding practitioner as the Registrar/CEO of CRFFN before now wondering why the leadership of the four associations should now turn around to oppose the appointment of one of their own by the Minister who he said acted in the best interest of the profession and the nation in general.
He maintained that the Minister had taken the right decision in appointing a professional freight forwarder as the substantive Registrar/CEO of CRFFN adding that the Minister also exercised the “Direction of General Character” power as conferred on him by the Act 16 2007 which established the CRFFN.
“They are not representing all the freight forwarders and we as members of APFFLON are not part of this and that’s why we are saying that the Honourable Minister has taken a good decision on this matter.
“We were clamouring for the appointment of a professional as the Registrar/CEO of CRFFN and now that we have one, some are resorting to litigation. You see, these people, can not consult practitioners because of their selfishness and personal interests Those were the people who are sabotaging the industry one way or the other and because they are not being held responsible for their activities and gangsterism they thought they are above the laws and can bamboozled the government instead they should let’s join government in maritime reformation so Nigeria can be visible in comity of maritime nations.
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“They are not even competent to represent themselves in this matter looking at the pedigree of how and each of them as flouted the act of the particular council. Enough is enough, we will not fold our arms watching you causing anarchy and set backs in our industry. . Please note the appointment of this man has come to stay as far as we are concerned and the Honourable Minister has taken the decision to reform the maritime sector. We stand with the Honourable Minister on this one and we will give him all the necessary support to see that this appointment stands”, he said.
Reminded that the four associations were not against the person so appointed nor his affiliation with any association but the process that brought him to office, he said, “If they are making reference to Section 11 of the Act, that is not applicable at this particular time because the industry is in a state of emergency and needs to be rescued and that’s why the Honourable Minister has exercised his Direction of General Character as provided for in the CRFFN Act in order to save the profession from chaos. So, for them to have come up with this means that they do not have the interest of the profession at heart. This is uncalled for.”
Reminded that the Act provided for the Governing Council and not the Minister to appoint a substantive Registrar for the Council, he said, “The Act did not envisage this kind of situation that we found ourselves at this time and that is why the government needs to step in to rescue the profession in the interest of the nation and the government has done this expectedly. We were clamouring for somebody from the profession and someone was appointed to pilot the affairs of the Council and they are kicking.
“And look at these people complaining, they are not even fit to complain because some of them have flouted the Council’s Act several times. When they came up with the 6:6:1:1: sharing formula for the purpose of electing freight forwarders into the Governing Council, did they follow due process or was it provided for by the Act? And now, because the odd was not in their favour, they are crying foul and I can tell you authoritatively that there’s no validly accredited freight forwarding association in this country as at today.
“Yes, as individuals, they could have the locus to say whatever they are saying but not as association because their accreditation is not for ever or permanent. There’s a requirement for you to sustain your accreditation which one way or they other, they have run foul of it. If you look at the section critically, they need to pay their annual subscription to remain accredited but most of these associations have not been paying their annual subscription yet they are still getting money from the Council. That’s sabotage!
“Again, if you look at the CAMA Law which provides that each registered company or incorporated trustees should make annual returns to the Corporate Affairs Commission, these people are sabotaging the government by not remitting their annual returns to the CAC. Go and check the status of these associations at the CAC and you will discover that some of them are inactive and dead, yet they don’t see that they have an obligation to fulfill to the government as good citizens of the country.
“They instead gang up together to challenge what the government has done in their own interest. This is unfair and we will not succumb to or agree with this development. Most of them have refused to fulfill their obligations as good citizens of this country.”
The APFFLON boss, however, disclosed that the association has contacted its lawyers to commence processes for APFFLON to be joined in the legal action against the Honourable Minister as an interested party saying, “We know the Minister has taken the right decision and we know that it’s time for the industry to move forward. They need to reassess themselves to know if they are fit or not but we are categorically saying that some of them are no longer existing in the eyes of the law.”
“We have contacted our lawyers to commence processes for application for joinder as an interested party in the matter coming up in the court later this week because what they are seeking to achieve is not acceptable to us and they don’t have the locus standi to query the decision of the Minister in this case”, he concluded.
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