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Interview: Terminal operators should provide scanners at the seaports—Prince Shittu

Prince Olayiwola Shittu, Former President of ANLCA

Prince Olayiwola Shittu, erstwhile
President of the Association of Nigerian Licesed Customs Agents (ANLCA) has expressed
his views on a number of industry issues including who should be responsible
for the provision of scanners at the seaports. In an interactive session with journalists
in Lagos at the weekend ahead of his birthday celebration and book launch, Shittu said it remained the responsibility of the
terminal operators to provide tools of trade for their operations as concessionaires
at the seaports.

On matters of trade facilitation, Shittu
said it was difficult to talk about facilitating trade when the Nigeria Customs
Service harps so much on revenue generation, and pointed out that regulatory agencies
of government in the industry operate without checks and balances, an act he
said was very inimical to trade itself. He also spoke on the challenge of
handling of overtime cargoes as well corruption at the seaports, which he
described as “cancerous.”

Who
to provide scanners at the seaports?

 
All over the world, it is the terminal operators that provide scanners, because
they are the ones receiving the cargo in their own terminals. And scanners are
supposed to be positioned in such a way that all containers coming into the
country must be scanned. Scanning reporting issues and put under the scrutiny of
the security agencies. There was why we asked for one-stop shop a long time
ago.

The
problem of the industry goes beyond the issue of scanning alone, it goes beyond
the issue of 100 per cent examination, beyond the issue of compliance or no
compliance.

Who
regulates the regulators? That is one question we should ask ourselves.
Individual regulatory agencies acting on their own as if they are not
answerable to anybody; NAFDAC will tell you they are not answerable to the
minister, some will say “I am not under you.” Customs will say the CG did not
ask me to do anything, I am not interested. That is not the way. And that is
why we can never have trade facilitation in Nigeria. Anybody asking for trade
facilitation will not get it because it will be cooked in the name of ‘security’
and ‘revenue generation.’ And you cannot have revenue generation and have trade
facilitation.

So,
if you go and buy scanners and come to install for the terminal operator to
warehouse, who maintains them? That is the issue. The terminal operator has
been given concession, they should provide the tools of trade. But everything
we do in this country, when it comes to the issue of money politics must enter.
We need to find out who purchased the earlier scanners. Customs was supposed to
be supervising the scanners, the printing. But when you want percentage, it
becomes a problem. When PAAR was introduced, the inspection agents left because
CISS was no longer coming. Terminal operators are under the ministry of transportation,
customs is under the ministry of finance. So, who takes charge?
Issue of over-time cargoes?

The days before the concessioning, NPA was
responsible for the movement of overtime cargo, because they were running the port
then. They had in every port, government warehouses, and there was a system of
disposal of overtime cargo. The first question you will be asking yourself is “how
come for the past six years goods that are on overtime, goods that were seized
are still remaining on the same spot and there was no system of disposal? Because
you need to evacuate, dispose in order to create space. Who is responsible? I
know customs tried with the online auctioning, but it does not perfect it.

In those days they had licensed auctioneers
and the beneficiary would come and evacuate. But ask yourself this, those goods
lying down in the port as overtime cargo, can the terminal operator release
them without collecting their rent? So, some of them, the rents are so
prohibitive that owners abandoned them. And abandoned cargo is overtime cargo,
nowhere to go. There was this time when NPA brought out money for the
evacuation of overtime cargo and when you were allocated a container or a
vehicle you were now responsible for the transfer. 

But what happened to the
means of transportation from the ports to Ikorodu? So NPA stopped, and customs
will never handle that. With that problem, they then decided that overtime
cargo will remain where they are because where ever they are is government
warehouse. 

Know that those terminal operators are not
here to come and play, they are here for business and the space is valuable to
them. If you tell the terminal operators now that government has given them
license to dispose of overtime cargo, under two weeks the place will be empty.
What about those who are licensed as auctioneers? They have been side-lined
because everything now is political.  So,
the issue is politics. Customs say they lack the capacity. Can the terminal
operators move the cargo themselves? It is not possible. Is anybody
benefitting? No. Somebody has to benefit. You have to find out the reason why
the movement of overtime cargo was halted. Then you know who to blame.

Corruption
in the ports?

Corruption in the port is not only
embedded, it has become cancerous. There is no operation you do in the port that
is not backed with money. Even those who are compliant are discouraged from remaining
complaint by the Customs, because they refused to drop money illegally, while
those who are bot compliant but giving bribes have their way. Truth is that,
those who are paid to ensure this compliance, are under pressure to meet both
official and unofficial targets. And at the end of the day, the unofficial
target is more important.

What you are seeing with the police are
encouraged by the operators themselves. It is not the job of the police to
delve into customs clearance. But it is the neighbours in the port that are
inviting the police to come and ‘chop’. It is sad that the Customs said they had
nothing to do with that. The Police go to the point of having the ship manifest
with which they carry out their operations. When you ask them, they tell you a
matter is being investigated. But ask them, how many of such containers that
are arrested have the owners prosecuted? 
After settlement, an investigated container becomes uninvestigated.

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