As the nation’s land borders remain closed by the Federal Government
to curtail illicit trade, some clearing agents have resorted to taking
advantage of the high volume of cargoes passing through the seaports to
shortchange government in terms of duty payable.
Essentially, the fraudulent clearing agents, who now have more
cargoes to clear for their clients, shortchange the government through
underpayment and false declaration of consignments with a view to
reducing duty payable.
The Guardian’s investigations revealed that many importers are being
found guilty of the sharp practices by their agents, causing them huge
losses in investment when their consignments are eventually seized by
the Nigeria Customs Service (NCS). It was also revealed that some
customs officers are conniving with the clearing agents to manipulate
the duty payable on imported items.
Some importers, who spoke to The Guardian on the illegality, urged
the customs to impose strict sanctions on the erring agents and
officers. A case between Tonason Evergreen Limited (importer) and
Arisiki Nigeria Limited (clearing agent) is reflective of the current
situation.
Tonason, through its solicitor, had petitioned the Economic and
Financial Crimes Commission (EFCC) over an alleged underpayment by its
agent (Arisiki) who allegedly paid a duty of N500,000 on a Toyota
Highlander 2013 model instead of the original duty estimated at
N1,200,000, thereby cheating the government by N700,000.
The Managing Director of Tonason Evergreen Limited, Ikwuka Tochukwu
Jude, in an interview with The Guardian, bemoaned the fraudulent act,
stating that all efforts to get the agent tracked by the EFCC and
customs had yielded no positive results.
In the petition obtained by The Guardian, Tonason stated: “Our
client, upon the purchase of a Toyota Highlander 2013 model, engaged the
respondent, Mr. Idemili Innocent of Arisiki Nigeria Limited to clear
the vehicle by paying the required customs duty. Our client later paid
N1.8 million to Innocent as duty fee which he duly acknowledged.
“Our client was travelling to Nnewi in Anambra State when he was
accosted by customs officers who confirmed that the original duty
payable on the vehicle was N1.2 million, instead of the paltry N500, 000
paid by the agent.
“In that circumstance, our client swiftly put a call across to the
respondent (Innocent) who actually admitted not paying full duty on the
vehicle, consequent upon which the respondent quickly made a transfer of
N70,000 to our client for onward payment to the customs officers and
latter got the vehicle released.” Efforts to get the clearing agent for
comments were unfruitful, as he ignored calls and messages to his
telephone.
In a similar scenario, Masters Energy Commodity Trading Limited
(importer) forfeited 30 containers of rice to customs three years ago
owing to the sharp practices by its clearing agent. The agent made a
false declaration detailing yeast instead of rice.
In a letter to the House of Representatives Committee on Customs
Excise and Tariff, a copy of which was obtained by The Guardian, the
company alleged that its agent made a false declaration in order to cut
tariff for the 30 containers of rice.
The letter by the then Managing Director, Chukwudi Otigba, reads in
part: “Sometime in May 2016, we entered into a business transaction with
a Thailand company known as Asia Inter Trade Rice Export Co Ltd for the
importation of 30 containers of Thai Parboiled Rice to be delivered at
the TinCan Island Port, Apapa, Lagos as contained in the bill of laden.
“We contracted Destiny Impex Limited, a clearing company registered
and licensed by customs as our agent to clear the 30 containers of rice
in accordance with customs tariff and classifications.“All our importing
documents such as bill of lading, commercial invoice, packing list,
National Agency for Food Drug Administration and Control (NAFDAC)
fumigation certificate and health certificate clearly disclosed the
consignment as rice and not yeast as declared by the agent.”
Another importer, Mrs. Grace Ifeayinwa, expressed the fear that her
clearing agent might have shortchanged government in the duty payment
for her Toyota Highlander imported through the Apapa port.Ifeayinwa, who
said she could not trust any agent due to allegations of fraud,
revealed that she was trying to verify the original duty payable on the
vehicle upon allegation that the clearing agent paid N700,000 instead of
N1.2 million estimated by the customs.
“When I confronted him, he started avoiding me. Then I contacted
another agent who also claimed that I have to pay a penalty fee of
N400,000 with a processing fee of N120,000. I have made my findings and
discovered that they are both fraudulent, but I am confused now, because
I cannot drive the car.
“The customs should simplify the duty calculations and payment so
that the importers would be able to know the exact duty payable and
possibly effect payment by themselves. The existing method is
encouraging fraud and it’s not good for our economy,” she said.The
President of the National Council of Managing Directors of Customs
Licensed Agents, (NCMDCLA), Lucky Amiwero, told The Guardian that the
association was doing a lot to ensure that the agents comply with the
ethical practice in the job.
Amiwero said the importers should report fraudulent agents to the
appropriate quarters such as the customs management, which is authorized
to sanction any erring practitioner.
“Such an agent could be dragged to court which will declare him as
guilty and mete out necessary punishment. If a court has not declared
him guilty, it would be difficult for anyone to call him a fraudster.
Besides, the NCS also has the authority to sanction any erring agent by
way of withdrawing the operating certificate, and the agency has been
doing that when it is convinced beyond reasonable doubt,” he said.
The Public Relations Officer, Customs Tin Can Island Command, Uche
Ejesieme, told The Guardian that the agency did not tolerate fraudulent
agents.“We ensure strict compliance with duty rules and sanction the
erring agents after a diligent profiling has proved him to be
fraudulent.
“We have sanctions that we apply to those that are circumventing the
process. We have blocked a lot of licences. Once we do system profiling
and discover infraction in documentation or any manner, we have a way of
blocking the license. I can assure you that we follow due process
before anybody can block the license. We go through all manner of
processes before you can ascertain fraudulent agents. If you don’t
engage in such checks and balances, they will let the system off. We
have many of them that have been blocked,” he said.He alleged that some
of the fraudulent agents used other people’s licences, but at the end of
the day, the owner of the licence would be the one to suffer.
Ejesieme enjoined vehicle owners who feel defrauded to visit the
customs zonal office to regularise their duty, saying the NCS had opened
a window for such an opportunity.“The CG has opened a window in all
zonal offices of customs. We have a platform there whereby anybody who
wants to regulate his duty payment can stroll in and do so without
stress,” he said.
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