TheCable

Early March, the Nigerian customs service (NCS) led by Hameed Ali said from April 12, 2017, it will begin to seize all vehicles of which duty have not been paid.

The decision led to an uproar among Nigerians, and the senate intervened.

Bala Na’Allah, deputy senate leader, had urged the upper legislative chamber to look into to the planned action, and prayed the senate to direct customs to “stop all actions” until the agency appeared before its committee on customs.

Dino Melaye, senator representing Kogi west, said Nigerians should  not be made to “pay for the incompetence of the Nigeria customs”. After the debate, the senate passed a resolution that the policy be suspended, and summoned the comptroller-general of customs for adequate explanation.

AND SO THE UNIFORM SAGA BEGAN

Melaye started this uniform saga

After requesting that Ali suspend the policy action and appear before the senate, the NCS offered 60 percent rebate on the duty, but did not suspend the policy.

This  angered Melaye, and he moved a motion seeking that the customs CG presents himself before the senate in uniform.

ALI: UNIFORM MEN DON’T WEAR TWO UNIFORMS

Ali’s first love

Ali’s initial response, as quoted by Melaye was that “uniformed men don’t wear uniform twice” — implying that after dedicating his earlier years to donning the army regalia, he served as a colonel in the army, he is not meant to wear the customs uniform.

With the senate’s insistence, Ali wrote a letter  to the red chamber, stating his stance on wearing the customs uniform.

“Regarding to wearing of uniform, I wish to advice that the senate avails itself of the legal basis of its decision to compel me to wear uniform. I am similarly taking legal advice on this issue so that both the senate and I will operate within the proper legal framework,” he wrote.

ALI RIGID STANCE: PRIDE OR THE LAW?

Ali’s new love

According to sections seven, eight and 10 of the Customs and Excise Management Act (CEMA), “for the purpose of carrying out or enforcing the provisions of the customs and excise laws, all officers shall have the same powers, authorities and privileges as are given by law to police officers”.

The Customs Act is silent on wearing uniforms, as customs officers, but the link with the police, may be interpreted to mean that an officer should don the uniform for official duties.

However, the Act defines an “officer” as “any person employed in the Nigerian Customs Service, or for the time being performing duties in relation to customs or excise”. By this definition, Ali is the number one officer at NCS, and officers wear uniforms.

Nigerians are divided on the matter. Some say Ali is just being proud, seeing himself as a colonel, who should not wear any other uniform less than that of the full military, others are saying he can do as he pleases, seeing the law is silent.

HANANIYA, MAGU AND CONFUSING PRECEDENCE

Magu, the police officer who appeared in Mufti

Haldu Anthony Hananiya, who served as a major general in the Nigerian army, was appointed corps marshal of the Federal Road Safety Commission (FRSC), and he wore the uniform of the both the army and FRSC.

This defeats Ali’s argument that uniform men do not wear two uniforms, afterall Hananiya, his superior, wore the FRSC uniform.

Ibrahim Magu, the acting chairman of the Economic and Financial Crimes Commission (EFCC), is a serving police officer, who was not mandated by the same senate to appear in his police uniform.

It could however be understood that Magu may not have been required to wear uniform, due to the fact that the EFCC has no official uniform. Besides, previous EFCC chairmen have never appeared before the senate with their police uniforms.

So the precedence may be confusing, but it leans more against Ali that it does for him.

WHAT EXACTLY DOES THE SENATE WANT?

Is the senate out to humiliate Ali? Is the senate out to suspend seizure of cars without paid duty? Is the senate out to make sure Nigerians do not pay for the “incompetencies of the customs”? Let’s have your say.

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