Tag: AGF

•Why I won’t appear before senators, by Ali

Will Customs Comptroller-General (CGC) Hameed Ali appear before the Senate in Nigerian Customs Service (NCS) uniform today? Will the Red Chamber make good its threat and issue a Warrant of Arrest against the retired Colonel if he fails to appear? None of this may happen if the parties maintain the status quo as advised by the Office of the Attorney-General of the Federation. A suit filed at a Federal High Court in Abuja foreclosed the much-expected drama yesterday, report Eric Ikhilae  and Onyedi Ojiabor and Austine Ehikioya.

‘No regret blocking elite’s access to waivers’

COMPTROLLER-GENERAL of the Nigeria Customs Service Hameed Ali yesterday confirmed the suspension of waivers, reduction or non-payment of duties on imported items to highly-placed Nigerians and influential politicians.
Speaking at an interactive session with reporters in Abuja, Ali, a retired Colonel, explained why he insisted that all duties must be paid without giving undue advantage to businessmen and influential Nigerians as it was the practice in the past.
According to him, there was no ambiguity on what the law says on what should be paid by rich who mostly import exotic cars and luxury goods with the belief that they can always get waivers due to their status.
He said many of such cases have been stopped and the items impounded because the affected importers decline to pay appropriate duties.
His words: “With regards to the importation of high valued goods, including cars, it happened in the past. Our big men from the political arena used to bring in vehicles. In some cases, it is cleared for them. They just dump the Bill of Lading and walk away and the vehicles are cleared and delivered to them.
“There is no way we can allow it to happen. I am sitting here, by virtue of Section 171 of the Constitution which gave Mr. President to appoint anybody. If my coming will not add value to what Customs does, then I have no business being here. I don’t think the President would have appointed me if he knew that my coming will create an avenue for business as usual.
“There is an idea behind my posting to Customs. It is to make sure that those ills that have been identified are blocked as much as possible. So, I have done that to the extent to which we can with the cooperation that I have gotten from the management and officers.
“But I must say also that there is no way that I can beat my chest and say 100 per cent all customs are compliant. The true position is that yes, when I came in, one of the most difficult task was to deal with our own big men in quote, not only in the line of import but also area of vehicle importation but also our big time business men.
“We discovered that they have in the past, created a situation whereby they are the beneficiaries of waivers and concessions. Huge amount of money is lost through waivers and concessions and when I came in, that was one area I felt we should not let go because if John is allowed to hoard things as a trader and he is made to pay duty, why should Ali, because he is a big business man that has status in the society be given waiver when the law is clear about it?
“And so, we decided we were going to face that area squarely and make sure that everybody is made to pay duty and I think the President agrees with us and the political will is behind us. As at today, apart from the statutory waivers which the law allows, the President since his arrival has not approved a single waiver. And so we have been able to stop it.”
Ali, who admitted having a ‘robust’ working relationship with his supervisor Finance Minister Mrs. Kemi Adeosun over the NCS operations, said systemic corruption still existed within the system, adding that everything was being done within his power to eradicate it.
He said: “We have corrupt officers amongst us up till tomorrow and that is my pain because these are people who refuse to accept that things must change. There is still connivance with these people and that is why we get to see what we see. If you remember, the 661 pump action guns were seized not at the port.
“It was cleared by our own officers. It was only when it was being driven to the final destination that the second layer of our defence accosted the vehicle. If it had escaped the layers, it would have gone to the final destination. So, in the last two years, it would be impossible to say we have changed the attitude of our officers.
“We are working on it and doing everything we can. I have discovered that it is difficult to change people. You must come in all dimension and 17,000 people can’t just change in one day. I will like to admit that up till tomorrow, there are still big men who bring exotic cars and connive with our people and in some cases, pay nothing at all or pay less and get their vehicles out.
“We have accosted some; we have some under our jurisdiction and we are working on it. I need your support because information is critical to what we do. If you have information like this, you let us know and be rest assured that we will bring the law to bear on anyone that goes against it,” he said.
On the payment of Customs duties on cars and the decision to enforce the law, Ali said the policy has been put on hold for now, pending when the NCS would reach an agreement with stakeholders on the modus operandi, adding that he never envisaged the kind of protest that greeted the decision to enforce the law on vehicles brought into the country in the last seven years with the payment of Customs duties.

THE Attorney-General of the Federation (AGF), Mr. Abubakar Malami, yesterday urged the Senate to stay action on its invitation to the Comptroller-General of the Nigerian Customs Service (NCS), Col. Hameed Ali, to appear today in uniform.
The AFG intervention on the controversial invitation of Ali by the Red Chamber was informed by a pending suit at an Abuja Federal High Court.
A source confirmed that the AGF’s letter urging the Senate to stay action on Ali’s invitation had been received in the Office of the Senate Clerk, Mr. Nelson Ayewoh.
According to the source, some lawyers went to court on behalf of Ali and obtained an injunction to stop the Senate from compelling the CGC to appear before it in uniform.
It was learnt that the lawyers contended that President Muhammadu Buhari as the Commander-in-Chief of the Armed Forces has not been wearing uniform, nor Dr. Bukola Saraki as the number three citizen decking himself in regalia as a presiding officer of the Senate.
The power of the Senate to perform oversight function on the NCS, are also being challenged by the lawyers.
Foreclosing his appearance before the senators today, Ali, said he would not honour the upper legislator’s invitation because of a writ of summons sent to his office by a court.
The Customs’ chief has been invited to over his directive on the collection of duties on imported cars. He said the directive has been misinterpreted by Nigerians, stating that the policy was in line with the extant laws guiding the NCS operations.
He said as one of the defendants in the case filed at the Federal High Court, Abuja by a lawyer, Mohammed Ibrahim, on his status as a mufti-wearing CGC, that it would be subjudice for him to appear before the Senate which has compelled him to appear in Customs’ uniform.
The originating summons, which has the National Assembly and the AGF as defendants seek, among other prayers, a clarification on “whether the appointment of Ali by the President having been made pursuant to Sections 5 and 171 of the 1999 Constitution (as amended) can be subjected to the provisions of the Customs and Excise Act or any other law; whether there is any legal provision that prescribes the wearing of uniform as a condition precedent by the 1st defendant (Ali) in view of his appointment under Section 171 of the 1999 Constitution (as emended).
Ali, who was at the Presidential Villa yesterday told State House correspondents after a closed-door meeting, explained what informed his decision not to appear before the Senate.
He said that since the matter was already in court, it would amount to contempt of court for him to appear before the upper chamber of the National Assembly as it had demanded.
His words: “The case is in court already. Somebody has sued us. I have gotten my writ of summons and they said status quo ante should remain; which means nothing should be done until the court makes a pronouncement.
“A private individual sued all of us; he wants an interpretation of the section that is in contention.
“I don’t want to talk so that I am not held in contempt of court,’’Ali said.
He went on: “Based on the advice from lawyers and briefing from the Office of the Attorney-General and Minister of Justice, who is also a party in the suit, I won’t be appearing before the Senate tomorrow (today) until the court decides otherwise.”
The Chairman, Senate Committee on Media & Public Affairs, Aliyu Sabi Abdullahi, who confirmed the AGF letter, insisted that no court has the power to stop the Senate from conducting its constitutional duty.
Abdullahi said that the Senate had received the letter from the presidency written by AGF Malami through the Clerk of the Senate. He, however, said there was no cause for alarm over the letter.
Explaining that the leadership of the Senate was yet to discuss the letter, Abdullahi foreclosed any direct response to the AGF letter.
The bone of contention, he said, now has to do with the issue of wearing uniform and not Ali appearing to tell the Senate the proposed policies of the Customs.
Abdullahi said: “There is a communication, although I have not seen the content. So, I won’t be able to make any categorical comment on it.”
The Senate last Thursday turned Ali back from the chamber for refusing to appear in his Customs uniform as earlier directed.
He was was asked to go back and dress in proper Customs uniform and appear before the lawmakers today.
The CGC was invited by the upper chamber to throw more light on the planned policy of retrospective payment of duty on vehicles.
It is not clear the decision the Senate will take in today’s plenary as Ali said yesterday he would not by honouring the invitation.
The upper chamber had threatened to issue a warrant of arrest against Ali if he failed to appear today.

Ruling party to broker truce

The ruling All Progressives Congress (APC) yesterday spoke of planes to broker a truce in the Senate/Ali face-off over the latter’s refusal to wear the Nigerian Customs Service NCS).
In a statement by its national spokesman Bolaji Abdullahi, the party expressed concern over the lingering misunderstanding between the Senate and the Customs’ chief
It reads: “The All Progressives Congress (APC) has keenly observed the controversy that has trailed the invitation extended to the Comptroller-General of the Nigerian Customs Service, Col. Hameed Ali (rtd) by the Senate.
“We have watched the issues with growing concern and the expectations that they would be resolved in a manner that would be agreeable to all the parties involved.
“However, we wish to state that at this point, we have found it necessary to intervene. Accordingly, the National Chairman, Chief John Odigie-Oyegun, will lead the party’s peace mission to the leadership of the National Assembly and the concerned party member. We are confident that the party’s effort to broker peace would resolve the matter amicably.”

So much noise about uniform

Last Thursday, the Senate turned back the Comptroller-General for not appearing in Customs uniform. Ali was invited explain his action on the proposed implementation of the controversial policy on payment of import duty on old vehicles.
Senators, by a voice vote, directed Ali to return to the National Assembly today in proper uniform designated for the office of CG of the NGS.
Their decision followed a motion by Senator George Sekibo (PDP, Rivers East), who relied on Section 89 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and seconded by Deputy Senate President Ike Ekweremadu.
In his earlier response to the Senators, Ali told them that he had no knowledge of any law compelling him to wear uniform.

Court urged to stop Senate’s insistence on CGC uniform

The Federal High Court in Abuja has been asked to restrain the Senate from further compelling the Comptroller-General of the Nigerian Customs Service (NCS) Col. Hameed Ali (rtd.) to wear uniform in the discharge of his duties.
The request is contained in a suit marked: FHC/ABJ/CS/207/2017, filed before the court yesterday by a lawyer, Mohammed Ibrahim.
The plaintiff is contending, among others, that it was not within the powers of the Senate to dictate to Ali, appointed by the President pursuant to his (President’s) powers under sections 5 and 171 of the Constitution, how to conduct himself.
He argued that Ali’s appointment, having been made subject to the provisions of sections 5 and 171 of the constitution, was not subject to provisions of Customs and Excise Management Act (CEMA) or any other law.
Ibrahim also argued that, Ali, not being a commissioned officer of the NCS, is not mandated by law to wear NCS uniform.
He further argued that the oversight functions of the National Assembly (particularly, the Senate) did not extend to compelling and instructing Ali to appear before it in uniform.
Ibrahim, who raised a series of questions for the court’s determination, urged it to, among others, declare that Ali’s appointment as CGC cannot be subject to the provisions of Customs and Excise Management Act (CEMA) or any other law.
He also seeks a declaration that Ali, who is not a commissioned officer of the NCS, is not mandated by law to wear NCS uniform and that the oversight functions of the NASS does not extend to compelling and mandating Col. Ali to appear before it in uniform.
The plaintiff prayed for an order of perpetual injunction restraining both the National Assembly and the Senate from compelling Ali to wear uniform in the performance of his duties.
The defendants in the suit are the CGC, National Assembly Senate and the Attorney-General of the Federation (AGF).
The case is yet to be assigned to any judge for hearing.