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Customs Agent Groups Unite to Enforce Court Suspension of POF Collection

By Amina Ojelabi

A coalition of four out of the five accredited freight forwarding associations under the Council for the Regulation of Freight Forwarding in Nigeria (CRFFN) has united to demand the immediate enforcement of a recent Federal High Court ruling suspending the collection of the controversial Practitioners Operating Fees (POF) at Nigerian seaports.

R-L: AREFFN Secretary, Chief Frank Obiekezie; ANLCA President, Chief Emenike Nwokeoji; NAFFAC President, Prince Adeyinka Bakare; and a factional President of the NCMDLCA, Chief Ifeanyi Anakweze; during a joint press briefing at ANLCA headquarters on Friday.

The coalition includes the Association of Nigeria Licensed Customs Agents (ANLCA), National Association of Air Freight Forwarders and Consolidators (NAFFAC), Association of Registered Freight Forwarders of Nigeria (AREFFN), and the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA), represented by its factional president, Chief Ifeanyi Anakweze.

These groups held a joint press conference on Friday at the ANLCA national secretariat in Lagos, calling for total compliance with the May 26, 2025 court ruling.

The Federal High Court, presided over by Justice D.E. Osiagor in Suit No. FHC/CS/765/2018, ruled in favor of Mr. Lucky Eyis Amiwero factional President of NCMDLCA ordering the immediate suspension of the collection of POF from customs licensed agents. The judgment restrained CRFFN, Nigerian Ports Authority (NPA), and other relevant bodies from enforcing the levy.

Following the ruling, the four associations directed their members to immediately cease payment of the POF and warned port stakeholders, including terminal operators and CRFFN officials, to desist from enforcing the now-invalidated charge or risk being held in contempt of court.

In a jointly signed statement, the associations emphasized that the judgment is binding on all customs licensed agents across the country and criticized CRFFN’s continued efforts to impose the levy.

“We are writing to inform you of the Federal High Court judgment delivered on May 26, 2025… which nullifies the collection of Practitioners Operating Fees (POF) from Customs Licensed Agents.

As such, we demand that you immediately cease the collection of POF in compliance with this court order,” the statement read.
The group also pointed out a recent CRFFN circular dated July 10, 2025 (Reference No. CRFFN/RCEO/POF/CIRC/07/2025) which advised terminal operators to continue collecting the POF. The associations questioned the authenticity of the document, noting its lack of an official signature and suggesting it was an attempt to sidestep contempt charges.

ANLCA President, Mr. Emenike Kingsley Nwokeoji, emphasized that the implementation of the judgment was not negotiable. He noted that despite internal divisions in the NCMDLCA, the court ruling secured by Amiwero applies to the entire freight forwarding industry.

“It is either you obey a court judgment or you appeal. All relevant agencies CRFFN, NPA, terminal operators are under the Ministry of Marine and Blue Economy. Their legal departments should know better than to ignore a Federal High Court order,” Nwokeoji said.

He further noted that the associations consulted their respective legal teams and all interpretations confirmed the judgment’s applicability across the sector.

NAFFAC President, Prince Adeyinka Bakare, clarified that the associations’ stance was not meant to cripple CRFFN but rather to ensure legal compliance. He explained that CRFFN has statutory budgetary allocations and should not depend on the controversial POF to function.

“This judgment affects all customs license holders. You cannot work at the port, transact with Customs, or clear cargo without a customs license. So the implications are industry-wide, including for airport-based freight forwarders like our members,” Bakare noted.

Representing AREFFN, National Secretary Chief Frank Obiekezie reiterated that the court ruling is binding and must be respected, regardless of any internal issues within NCMDLCA.

“Amiwero is a licensed customs agent and has the legal standing to challenge the POF in court. The judgment was issued by a Nigerian court, not a private tribunal. The outcome affects us all,” Obiekezie said.

In an unexpected move, Chief Ifeanyi Anakweze, factional president of NCMDLCA and a long-time critic of Amiwero’s leadership, threw his support behind the court decision won by Amiwero.

Anakweze acknowledged that despite their internal disagreements, the judgment benefits the entire freight forwarding community and should be embraced.
“This is not about internal leadership disputes anymore. It is about the collective interest of licensed customs agents nationwide. The judgment must be obeyed,” he stated.

The associations jointly warned that any terminal operator or government agency that continues to collect POF in defiance of the judgment could face contempt charges. They also pledged to monitor compliance across all ports and air cargo terminals.

The alliance maintained that respect for the rule of law must guide the actions of all government institutions, and called on the Ministry of Marine and Blue Economy to ensure its agencies comply fully with the judgment.

With mounting legal pressure and growing industry consensus, the enforcement of the POF suspension could mark a turning point in the long-running battle over the controversial levy—one that may reshape the regulatory framework governing freight forwarding in Nigeria.

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