Amaechi Disregarded Extant Provisions to Appoint CRFFN Board Chairman, Vice, Laments Ex-NAGAFF President
CRFFN
*Congratulates inaugurated council members
By Francis Ugwoke
The appointment of the Chairman of the Governing Board of the Council for the Regulation of Freight Forwarding in Nigeria (CFRRN) has continued to receive condemnation from freight forwarders.
It would be recalled that the Minister of Transportation, Rotimi Amaechi had recently announced the appointment of Alhaji tsanni Abubakar and Chief Henry Njoku as the Chairman and Vice Chairman of the CRFFN Governing Board respectively.
Abubakar and Njoku were both the past Chairman and Vice Chairman of the Board before the last election during which council members were elected.
In a letter to the Minister, the former President of the National Association of Government Approved Freight Forwarders (NAGAFF), Dr. Eugene Nweke said the appointment was a deliberate compromise and disregard to the extant provisions of the relevant CRFFN Act.
Other customs brokers had also voiced out their displeasure over the recent appointment in the CRFFN as against laid down provisions of the CRFFN.
Nweke said that having gone through the CRFFN Act, he saw no section or subsection that conferred the Minister such powers to appoint chairman and vice chairman for the regulatory agency.
He said that what the Minister did was simply to maintain the status quo in terms of the choice of Chairman and his Vice chairman, adding that this implied a continuation of the 3rd Governing Council.
He called on the Minister to right the wrongs.
In an open letter to the Minister, Nweke wrote:
“Honorable Minister, it is disheartening to observe the manner with which the following sections of the Act 16 2007, were compromised, hence, the promptness to right the wrongs for posterity sake. As noted in the CRFFN Act 16 2007:
1. Section 2, Subsection 1, with the subtitle : “Membership of the Council” – For emphasis sake this subsection provides thus:
“The Council shall consist of the following members from the Register of Freight Forwarders:
(a)one person who shall be elected by the Council from members of the Council as Chairman.
(b)one person who shall be elected by the Council from members of the Council as Vice-chairman.”
2. In Section 3 with the subtitle: “The qualification and Tenure of Office – First Schedule” – this supplementary provisions relating to the council provides section in 3(5) of the first schedule, that, ” Elections to the Council shall be held in such a manner as may be prescribed by rules made by the Council and until so prescribed they shall be decided by a show of hands”.
3. In section 5 with the subtitle: “Control Of The Council By The Minister”.
Subsection 1 states thus:
“The Minister may give to the Council directions of a general character or relating generally to particular matters( but not to any individual person or case) with regard to the exercise by the Council of its functions and it shall be the duty of the Council to comply with directions”.
Subsection 2 states thus:
“Prior to giving a direction under subsection (1) of this section, the Minister shall serve a copy of proposed directions on the Council and shall afford the Council the opportunity of making a representations to him with respect to the directions, and the Minister may after giving due consideration to any representation made to him thereof, issue the direction without modifications or with such modification as appear to him to be appropriate having regard to the representations”.
“Honorable Minister, with due sense of decency in leadership, as reported in the above publication, your act, amounts to deliberate compromise and willful disregard to the extant provisions of Act 16 2007, section 2 (a)(b); and section 3(5).
“I read through the Act 16 2007, and didn’t see any section or subsection that confers on you such power to appoint chairman and vice chairman for the regulatory governing council of the CRFFN.
“Based on media report, by suggesting and using such phrase as “maintaining status quo ” implies that this is a continuation of the 3rd Governing Council, endorse by you for the completion of the controversial four years tenure which was canvassed for by 95% of returned members, invariably by earlier court decision on tenure elongation is a mere formality, judging by your action.
“Honorable Minister, your open endorsement of a “status quo ante” cast a serious integrity and due process questions on the recent compromised election for 15 Freight Forwarders into the Governing Council under your purview.
“Honorable Minister, permit me to reiterate that, there is no section or subsections that expressly confers on you the right to unilaterally inaugurate the governing Council, neither have I seen any subtitle or heading with the phrase “Inauguration of the elected and appointed governing council members by the Honorable Minister “. Section 5 of Act 16 2007, merely confer on you, control of the Council ( better still ministerial direction of the Council), which are specifically captured and unambiguous.
“For the intent and purpose of this Act 16 2007, this is a professional regulatory governing council where professionals are elected to formulate regulations Governing their professional practices, wherefore professionalism is the watch word. Therefore applying the same manner of inauguration observed for the Boards of the Nigeria Port Authority, Nigeria Shippers Council, etc , to me seems a misnomer and a blantant disregard to the professional essence, but the crux of the matter here is: ” IS THE CRFFN AN IDEAL AGENCY OF THE GOVERNMENT “?. This question continues to beg for an answer, and the Ministry appears comfortable ignoring it.
“Honorable Minister, the established rules by the first Governing Council, as noted in section 3, provides that, it is the CRFFN management that will convene the meeting of the enlarged Governing Council members, having notified the Permanent Secretary ahead of time. At such meeting the Registrar provide the Council members with a simplified guidelines for the election of the Chairman and Vice Chairman of the Governing Council.
“It is after the successful and concluded elections of the Chairman and Vice Chairman, that the Registrar conveys to your office in writing, through the office of the permanent secretary the outcome of the Governing Council election and subsequntly invite you for a formal inauguration on the next day marking the first Executive Council Meeting of the CRFFN Governing Council.
“However, the choice to and not to uphold to the intents and provisions of Act 16 2007 is our prerogative rights and also in our power, excerpt that our consciences and posterity has a way around us when make the wrong choices, and unavoidably so,
“Honorable Minister, as a proud leader in the Freight forwarding subsector of the Maritime Industry, I owe the larger practitioners and future forwarders the leadership responsibilities to right the wrongs at all times for posterity sake.
“Freight Forwarding is a globally regulated and noble profession guided by professional codes, politicizing its professional essence from its root with the pace and manner at which it is been compromised and politicized only points to a professional defeats and future misdirection.
“Honorable Minister, in the past eight years , you have done your best at advancing the fortunes of our profession and the larger Maritime Industry, it is left for us as professionals to reevaluate your contributions toward the professional advancement of the freight forwarding profession in Nigeria within this 8 years of headship.
“Finally, you have performed your last tasks to the Freight Forwarders as noted in our Act 16 2007, ” … issue the direction without modifications or with such modification as appear to him to be appropriate having regard to the representations”. We can only be grateful to God for making life a continuum and our simple prayer for you is : may posterity be fair to you.
“Honorable Minister, as for those you have inaugurated, to them I congratulate and wish well too, but here is a word on the marble for them, especially the practitioners amongst them:
“Dear Professional Colleagues, expect no meaningful professional success by negotiating your political interests over and above your professional interests. Deliberate colluding with politicians to create professional insecurities, uncertainties and distrust has the capacity to destroy professional effectiveness and relevance. Be weary of those vices that pushes men of good wills out of the profession. You are all representatives of the larger freight forwarders in Nigeria, you understand the myriad of our professional challenges and remember a representative who weld a good working team will be better prepared for the long pull ahead than the representative who turns his profession into a weed-growing jungle.
If this freight forwarding constituency matters to you, then represent its practitioners promptly and effectively, especially redeeming its time and image. After two years we shall come back to take stock of your stewardship to the practitioners.
May grant you all leadership wisdom and strength.
“Honorable Minister, once again, I wish you well in your future endeavors.
“As one of the long served Minister in the ministry, it makes sense that we take adequate time to reevaluate your 8 years reigns in the transport ministry, so as to mirror your performance and put them in record.
“Thanks for your audience.
Fwdr (Dr) Eugene Nweke Rff Ksm .
Concerned Stakeholders/ Research Consultant, CREFFPON.
By Francis Ugwoke
The appointment of the Chairman of the Governing Board of the Council for the Regulation of Freight Forwarding in Nigeria (CFRRN) has continued to receive condemnation from freight forwarders.
It would be recalled that the Minister of Transportation, Rotimi Amaechi had recently announced the appointment of Alhaji tsanni Abubakar and Chief Henry Njoku as the Chairman and Vice Chairman of the CRFFN Governing Board respectively.
Abubakar and Njoku were both the past Chairman and Vice Chairman of the Board before the last election during which council members were elected.
In a letter to the Minister, the former President of the National Association of Government Approved Freight Forwarders (NAGAFF), Dr. Eugene Nweke said the appointment was a deliberate compromise and disregard to the extant provisions of the relevant CRFFN Act.
Other customs brokers had also voiced out their displeasure over the recent appointment in the CRFFN as against laid down provisions of the CRFFN.
Nweke said that having gone through the CRFFN Act, he saw no section or subsection that conferred the Minister such powers to appoint chairman and vice chairman for the regulatory agency.
He said that what the Minister did was simply to maintain the status quo in terms of the choice of Chairman and his Vice chairman, adding that this implied a continuation of the 3rd Governing Council.
He called on the Minister to right the wrongs.
In an open letter to the Minister, Nweke wrote:
“Honorable Minister, it is disheartening to observe the manner with which the following sections of the Act 16 2007, were compromised, hence, the promptness to right the wrongs for posterity sake. As noted in the CRFFN Act 16 2007:
1. Section 2, Subsection 1, with the subtitle : “Membership of the Council” – For emphasis sake this subsection provides thus:
“The Council shall consist of the following members from the Register of Freight Forwarders:
(a)one person who shall be elected by the Council from members of the Council as Chairman.
(b)one person who shall be elected by the Council from members of the Council as Vice-chairman.”
2. In Section 3 with the subtitle: “The qualification and Tenure of Office – First Schedule” – this supplementary provisions relating to the council provides section in 3(5) of the first schedule, that, ” Elections to the Council shall be held in such a manner as may be prescribed by rules made by the Council and until so prescribed they shall be decided by a show of hands”.
3. In section 5 with the subtitle: “Control Of The Council By The Minister”.
Subsection 1 states thus:
“The Minister may give to the Council directions of a general character or relating generally to particular matters( but not to any individual person or case) with regard to the exercise by the Council of its functions and it shall be the duty of the Council to comply with directions”.
Subsection 2 states thus:
“Prior to giving a direction under subsection (1) of this section, the Minister shall serve a copy of proposed directions on the Council and shall afford the Council the opportunity of making a representations to him with respect to the directions, and the Minister may after giving due consideration to any representation made to him thereof, issue the direction without modifications or with such modification as appear to him to be appropriate having regard to the representations”.
“Honorable Minister, with due sense of decency in leadership, as reported in the above publication, your act, amounts to deliberate compromise and willful disregard to the extant provisions of Act 16 2007, section 2 (a)(b); and section 3(5).
“I read through the Act 16 2007, and didn’t see any section or subsection that confers on you such power to appoint chairman and vice chairman for the regulatory governing council of the CRFFN.
“Based on media report, by suggesting and using such phrase as “maintaining status quo ” implies that this is a continuation of the 3rd Governing Council, endorse by you for the completion of the controversial four years tenure which was canvassed for by 95% of returned members, invariably by earlier court decision on tenure elongation is a mere formality, judging by your action.
“Honorable Minister, your open endorsement of a “status quo ante” cast a serious integrity and due process questions on the recent compromised election for 15 Freight Forwarders into the Governing Council under your purview.
“Honorable Minister, permit me to reiterate that, there is no section or subsections that expressly confers on you the right to unilaterally inaugurate the governing Council, neither have I seen any subtitle or heading with the phrase “Inauguration of the elected and appointed governing council members by the Honorable Minister “. Section 5 of Act 16 2007, merely confer on you, control of the Council ( better still ministerial direction of the Council), which are specifically captured and unambiguous.
“For the intent and purpose of this Act 16 2007, this is a professional regulatory governing council where professionals are elected to formulate regulations Governing their professional practices, wherefore professionalism is the watch word. Therefore applying the same manner of inauguration observed for the Boards of the Nigeria Port Authority, Nigeria Shippers Council, etc , to me seems a misnomer and a blantant disregard to the professional essence, but the crux of the matter here is: ” IS THE CRFFN AN IDEAL AGENCY OF THE GOVERNMENT “?. This question continues to beg for an answer, and the Ministry appears comfortable ignoring it.
“Honorable Minister, the established rules by the first Governing Council, as noted in section 3, provides that, it is the CRFFN management that will convene the meeting of the enlarged Governing Council members, having notified the Permanent Secretary ahead of time. At such meeting the Registrar provide the Council members with a simplified guidelines for the election of the Chairman and Vice Chairman of the Governing Council.
“It is after the successful and concluded elections of the Chairman and Vice Chairman, that the Registrar conveys to your office in writing, through the office of the permanent secretary the outcome of the Governing Council election and subsequntly invite you for a formal inauguration on the next day marking the first Executive Council Meeting of the CRFFN Governing Council.
“However, the choice to and not to uphold to the intents and provisions of Act 16 2007 is our prerogative rights and also in our power, excerpt that our consciences and posterity has a way around us when make the wrong choices, and unavoidably so,
“Honorable Minister, as a proud leader in the Freight forwarding subsector of the Maritime Industry, I owe the larger practitioners and future forwarders the leadership responsibilities to right the wrongs at all times for posterity sake.
“Freight Forwarding is a globally regulated and noble profession guided by professional codes, politicizing its professional essence from its root with the pace and manner at which it is been compromised and politicized only points to a professional defeats and future misdirection.
“Honorable Minister, in the past eight years , you have done your best at advancing the fortunes of our profession and the larger Maritime Industry, it is left for us as professionals to reevaluate your contributions toward the professional advancement of the freight forwarding profession in Nigeria within this 8 years of headship.
“Finally, you have performed your last tasks to the Freight Forwarders as noted in our Act 16 2007, ” … issue the direction without modifications or with such modification as appear to him to be appropriate having regard to the representations”. We can only be grateful to God for making life a continuum and our simple prayer for you is : may posterity be fair to you.
“Honorable Minister, as for those you have inaugurated, to them I congratulate and wish well too, but here is a word on the marble for them, especially the practitioners amongst them:
“Dear Professional Colleagues, expect no meaningful professional success by negotiating your political interests over and above your professional interests. Deliberate colluding with politicians to create professional insecurities, uncertainties and distrust has the capacity to destroy professional effectiveness and relevance. Be weary of those vices that pushes men of good wills out of the profession. You are all representatives of the larger freight forwarders in Nigeria, you understand the myriad of our professional challenges and remember a representative who weld a good working team will be better prepared for the long pull ahead than the representative who turns his profession into a weed-growing jungle.
If this freight forwarding constituency matters to you, then represent its practitioners promptly and effectively, especially redeeming its time and image. After two years we shall come back to take stock of your stewardship to the practitioners.
May grant you all leadership wisdom and strength.
“Honorable Minister, once again, I wish you well in your future endeavors.
“As one of the long served Minister in the ministry, it makes sense that we take adequate time to reevaluate your 8 years reigns in the transport ministry, so as to mirror your performance and put them in record.
“Thanks for your audience.
Fwdr (Dr) Eugene Nweke Rff Ksm .
Concerned Stakeholders/ Research Consultant, CREFFPON.
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