Ports: Ali’s Failed Battle Against Corruption in Customs
By Francis Ugwoke
The problem of corruption in the nation’s ports involving customs officers has remained a recurring issue. It is one issue that has been on the agenda of every Comptroller General of the Nigeria Customs Service (NCS) to end. This is for obvious reasons. If the leadership of the Customs can get officers to shun overtures by importers and customs agents, this will be the end of all forms of fraudulent practices at the nation’s ports. But this has remained a difficult task. And for decades and perhaps in the history of the ports industry in Nigeria, corruption has become a tradition.
The source of the problem is indeed the importers and their customs agents in their efforts to maximize profits. For the unscrupulous customs officers, every trade crime is indeed good business as it promotes personal wealth. This explains the rush to be posted to the seaports, airports, border stations and road blocks. Among such malpractices in which officers and other sister agencies seek pies and rake millions of Naira on daily basis into private pockets include under-declaration, under-payment, concealment and smuggling across border routes. These crimes are money spinners for customs officers, including other agencies of government. This explains why there is no type of contraband one cannot get in any market despite the claims of seizures on regular basis by the Customs and other government agencies. Every day one reads about seizures coming from the Customs, including operatives of the Standard Organisation of Nigeria (SON), National Agency for Food and Drug Administration Control (NAFDAC) but all sorts of prohibited goods can be found in the market. The question is how do these goods come into the country and find their way into the markets without the collaboration of security agents either at the ports or the border routes? A source who is conversant with how the system works said there is nothing one cannot bring into the country if ‘the pay is good’. According to him, the same people who are supposed to check the smugglers are the ones that guide them on how to escape the long arms of the law.
Ali’s battle
On assuming office about four years ago, the present boss of the customs, Rtd Col Hammed Ali had vowed to end corruption involving officers. This was in apparent understanding that officers hold the key to end trade malpractices and the billions of Naira that go to private pockets. He had threatened to dismiss and prosecute officers found aiding and abetting corruption.
In November 2015, he said while addressing officers in Sokoto/Zamfara/Kebbi Area Command that he will make sure corrupt officers spend 10 years in jail. He was quoted saying, “the minimum jail term for corrupt officers is five years, but I will make sure that any officer found to be corrupt gets the maximum jail term of 10 years. This is to serve as a deterrent to any officer who finds himself in the Customs to make money and not to earn money. I am not saying that there are no good, incorruptible officers in the service, but there are few bad eggs who are giving the service a bad name.”
However, about four years after, corruption has risen in the system involving many officers instead of abating. As customs agents lament, the situation has worsened under Ali’s regime. The Customs leadership had however dismissed 29 Senior officers for various acts of gross misconduct about two years ago. These officers were among 44 Senior officers punished for actions capable of compromising national economy and security, according to the then Public Relations Officer, Mr Wale Adeniyi, now a Controller at the Lagos International Airport. It is not clear that any officer has been jailed for corrupt practices as threatened by Ali. At a stakeholders forum held in Seme Border for automation of cargo clearance at the border station, the customs boss was full of bitterness over corruption involving officers. He had accused officers of leaving official duties in pursuit of personal gains. The occasion was the Nigeria-Benin Republic joint automation of cargo clearance portals for faster trade facilitation. At other times, Ali had also accused some officers of living above their official income. The customs CG had recently also repeated his threat to jail officers found in corrupt practices. This time he spoke to officers in Calabar at Ikang border post in Bakassi Local Government area. Ali had claimed that illegality in the service was over. He was quoted saying last week, “the days of illegality in the Service are over. It’s high time you committed yourselves to the service. If you cut corners, you will find yourself in jail. We will not only dismiss you from service, we will prosecute you; that is the only way to punish the bad eggs. When you compromise, be ready to pay for it. Dear colleagues, times have changed and we must change accordingly. I urge you to be more dedicated in service and anything you merit will come to you.It is time to serve Nigeria with all our strength. I want you all to see your uniform as a great honour and a call for excellent service.”
Threat against officers as media hype
To observers, Ali’s latest statement does not indicate that the war against corruption in the ports has instead of reducing heightened. Insiders in the system say the new way is the collaboration between the importers, agents and officers. Only those who do not understand the game are caught in terms of the seizures recorded by operatives. In the ports, it is all about negotiation on the sharing formula in such a way that all are beneficiaries except the government that loses. First, the importer under-declares and waits to be caught under an arrangement he could negotiate what to pay to be free. He gets a Debit Note (DN) after negotiating, settles everyone as he pays what is given to him to the government and he is free. He moves ahead to identify likely operatives on the way and settles them in advance to have a smooth ride of his goods to the warehouse. Sometimes, this arrangement backfires when the right officers are not settled or when there is pressure to make seizures. In the border posts, the arrangement is not different. It is settlement galore for field officers. That is why the Customs leadership believes in setting up Task Forces that are making more seizures than the resident officers either in the ports or border stations. These officers are however not incorruptible. Sources said importers or smugglers pay more to settle them. Those who could not afford their terms or try to beat them may be unlucky. Those close to the customs leadership believe that Ali himself may be overwhelmed by the situation. And this explains why he has been reiterating the threat of jailing officers found in any corrupt practices. A customs agent said about the corruption in the ports, “the war against corruption in the ports will ever remain futile. Bribery is now more than ever before in the ports. Ali cannot win the war because it is well organised. The importers are aware of their malpractices and they are ready to settle officers handling their jobs. These officers are ready to cooperate because a lot of money is involved. It is not what anybody can stop. Ali’s threat is simply a media hype because he does not even understand the system. Ali relies on some officers who are simply smiling to the banks in the claim of fighting trade malpractices”.
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