The Nigerian Senate has in the wake of Monday, November 5, 2012 resolved to remove the powers to grant duty exemption to certain categories of organisations from President Goodluck Jonathan and Dr Ngozi Okonjo-Iweala.Although the Senate debate resulted in disagreement between the Presidency, the Customs Service and the Senate over the amendment, President Jonathan and the Coordinating Minister of the Economy and Minister of Finance, Okonjo-Iweala would have their claws clipped if the new laws are amended and passed.
Part of the controversy that trailed the amendment, according to National Assembly sources, is the argument of the Executive which stressed that the amendment process must be jettisoned; hence the Customs Service cannot exercise Presidential powers.
Meanwhile, the Senate, following the heated debate revealed that the need to remove the powers to grant duty exemption was necessary as the Customs Service lost a total of N58.7 billion to waivers granted by the executive in 2012.
Recall that the Comptroller- General of Nigeria Customs Service, Abdullahi Dikko Inde had recently faulted the existing laws which are not provided for or codified in any law.
Abdullahi Dikko Inde who was represented by the Deputy Comptroller of Customs in charge of Corporate Support Services, John Atteh, said, ‘’a cursory look at the current law reveals a number of deficiencies arising from the fact that many actions currently being undertaken by the NCS are not provided for or codified in any law and therefore do not have a proper legal basis.
“Many such actions are typically based on pronouncements from government, raising the questions of where the powers to enact such policies came from except as provided by the powers of the Executive President of Nigeria to enact policies. This then makes the pronouncements just policies and subject to judicial manoeuvres especially if such policies contradict existing legislations. Furthermore, changes conducted in this fashion cloud the spirit of transparency and consultation.”
