Hameed Ali’s uniform controversy is a mere distraction, not the main issue – Dogara

The Speaker of the House of Representatives, Yakubu Dogara, on Tuesday described the face-off between the Comptroller General of Customs, Hameed Ali, and the Senate as a “mere distraction.”

Mr. Dogara, who stated this when he hosted newspaper editors in his office in Abuja, said the uniform is not supposed to be the main issue.

“The main issue is delivery,” he said, suggesting that Mr. Ali’s performance in office should be the focus.

The senate last week called for the resignation of Mr. Ali, saying he was unfit to hold any public office.

The senate’s decision followed Mr. Ali’s refusal to appear before the lawmakers in full customs uniform. A week before then, the lawmakers had turned Mr. Ali back after he appeared before them, but without the Customs uniform.

Mr. Ali’s problem with the senate started with a controversial customs policy on retroactive payment of duties on imported cars. Following the senate’s condemnation of the policy, the customs reversed it. But the lawmakers insisted Mr. Ali, a retired army colonel, appear before them.

The customs chief refused saying the matter was in court – filed by a private citizen – and there was a directive by the attorney general that both parties maintain the current status.

In its resolution last week, the Senate said it would ask the House of Representatives to concur with its decision.

On Tuesday, Mr. Dogara said the decision of the House of Representatives on the matter can only be decided at the plenary.

“I can’t speak for the House; the House will have to speak for itself through a resolution of the House.

“I cannot pre-judge what the outcome of the debate will be,” he said.

Mr. Dogara, however, said the Senate and House work closely as is necessary in a bicameral legislature.

He said Nigerians and the media should focus more on what the law states on the uniform controversy rather than on the stance of the Senate or Mr. Ali.

 

Source: Premium Times

BREAKING: “Resign Now”, Senate tells Customs boss Hameed Ali

The Senate has called for the resignation of the Comptroller-General of the Nigeria Customs Service, Hameed Ali.

The lawmakers said on Wednesday that Mr. Ali was not fit to hold public office.

The call follows Mr. Ali’s decision not to appear before the lawmakers in uniform on Wednesday as directed by the Senate.

The Customs boss told reporters on Tuesday that his decision not to appear was based on legal advice after a Nigerian filed a case in court seeking the interpretation of a Customs law on uniform for the Comptroller-General.

The Senate on Wednesday rejected the letter by the Attorney General of the Federation, Abubakar Malami, asking the lawmakers to suspend discussion on Mr. Ali.

Mr. Malami’s letter was read by the Clerk to the Senate at the plenary on Wednesday, just as the lawmakers dissolved into committee of the whole to receive briefing from Mr. Ali.

Mr. Ali and the lawmakers have been at loggerheads over a Customs policy on retrospective payment of customs duty on vehicles.

Although the Customs Service has since suspended the directive, the lawmakers still insisted Mr. Ali appears before them in uniform. The retired army colonel has not worn the Customs uniform since he was appointed by President Muhammadu Buhari.

Source: Premium Times

Nigerian Senate dragged to court over Hameed Ali uniform controversy

An Abuja-based lawyer has approached a federal high court in Abuja, seeking an order to restrain the national assembly from compelling Hameed Ali, comptroller-general of Nigeria Customs Service (NCS) from wearing uniform.

According to the News Agency of Nigeria (NAN), Mohammed Ibrahim, the plaintiff in the suit, made copies of the process available on Tuesday.

The suit listed other defendants to include the Comptroller-General of NCS, the NCS, the Senate and the attorney-general of the federation (AGF).

The plaintiff is seeking a declaration of the court that the oversight functions of the national assembly did not extend to compelling, mandating and enforcing the first defendant to wear uniform before performing his duties.

He is also seeking the court to declare that the first defendant, who is not a commissioned officer of the NCS, is not mandated by law to wear the service’s uniform.

Ibrahim further asked the court to declare if Ali’s appointment made pursuant to sections 5 and 171 of the constitution could be subjected to the provision of customs and excise management act or any other law.

The plaintiff, therefore, urged the court to decide whether the first defendant’s appointment, having been made pursuant to the provisions of the constitution, could be subjected to the provisions of other laws.

He also asked the court to explain whether there was any legal provision that prescribed the wearing of uniform as a condition precedent by the first defendant in view of his appointment under section 171 of the constitution.

He asked the court to decide whether the first defendant, not being commissioned custom officer, could be mandated to wear the service’s uniform for the performance of the duties of comptroller-general.

The plaintiff further urged the court to decide whether every directive or power hitherto exercised by the first defendant while not in uniform was null and void.

Ibrahim had also asked the court to decide whether, in view of section 88 (1) of the constitution, the senate could summon the first defendant having not published a resolution to that effect.

NAN reports that the defendants are mandated to, within 30 days after service of the originating summons on them appear in court.

 

Source: NAN

“I will not appear before Senate on Wednesday”, declares Hameed Ali.

Hameed Ali, comptroller-general of the Nigeria Customs Service (NSC), says he will not appear before the senate on Wednesday.

The CG has been having a running battle with the upper legislative chamber over its policy on retroactive collection of import duty on cars as well as his refusal to wear the uniform of the CG.

He was turned back last week by the senators for failing to wear the uniform.

After observing his prayers at the presidential villa mosque on Tuesday afternoon, he told journalists: “?The case is in court already. Somebody has sued us. It is subjudice. I have gotten my writ of summons and they said status quo should remain ante which means nothing moves 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.”

He then rushed out of the villa on foot using the security gate used by service chiefs.?

 

Source: The Cable

Illegal directive on wearing of uniform by customs boss – By Femi Falana

The timely reaction of the senate to the policy of the Nigeria Customs Service to compel all vehicle owners to pay appropriate duties has once again questioned the extent of the oversight powers of the national assembly.

In contributing to the interesting debate I shall examine the legal validity of the policy, the legal competence of the senate to summon the comptroller-general of customs to justify the policy and the legality of the directive that he should appear before the senate in uniform.

Illegal policy of Nigeria Customs Service on payment of appropriate duties.

We are aware that the Nigeria Customs Service has announced the suspension of the implementation of the policy to compel all vehicle owners in Nigeria to pay appropriate customs duties from March 13-April 12, 2017. Notwithstanding the suspension we deem it fit to point out that the policy is illegal as the Nigeria Customs Service is completely estopped from collecting additional duties from vehicle owners who had paid the duties charged at the time of importation. Under the doctrine of estoppel by conduct the Nigeria Customs Service cannot be permitted to deny the payment of what was charged and collected as appropriate duties from vehicle owners several years ago.

In Alhaja Abibatu Mogaji v Board of Customs (1982) 3 NCLR 552, the armed agents of the defendant invaded and raided markets in Lagos and seized contraband goods. In the process, some of the traders were brutalized. They sued the defendant for damages in the Lagos high court. Apart from condemning the violations of the traders to dignity the Lagos high court cautioned that “Those in authority in customs and excise matters ought to intensify methods for apprehending offenders at the point of entry of goods into the country as it becomes more difficult to do so afterwards.” In Margaret Stitch v Attorney-General of the Federation (1986) 2 NSSC 1389 the Supreme Court held that the appellant was only liable to pay the customs duty based upon the rate of duty payable when she imported her used Mercedes Benz car. It was the view of the apex court that it was unjust and retrospectively punitive to impose an additional financial liability of about N13,000 on the appellant.

In view of the settled position of the law on the matter what is required on the part of the management of the Nigeria Customs Service is not a suspension of the illegal policy but its outright annulment without any further delay. Of course, the authorities of the Nigeria Customs Service cannot be precluded from arresting and prosecuting highly placed individuals who usually forge importation documents in order to evade the payment of the appropriate duties to the coffers of the federal government.

Incompetence of the senate to summon CGC on policy matters

Under the pretext of exercising its oversight powers last week the senate summoned the CGC to appear before it to justify the policy on payment of appropriate duties from March 13-April 2017. Since he did not appear in uniform the senate decided to adjourn its debate on the matter to enable him to comply with the directive. In spite of the importance attached to the trifle and diversionary directive on uniform it is submitted that the senate lacks the vires to summon the CGC on policy matters. Indeed the oversight power of either house of the national assembly is not at large but limited by section 88 (2) of the constitution to enable it to “make laws with respect to any matter within its legislative competence and correct any defects in existing laws and expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriate by it”.

Since the decision of the senate has nothing to do with making laws or exposing corruption, inefficiency or waste in the disbursement of funds appropriated by it the summoning of the CGC constitutes a blatant violation of the constitution. No doubt, the policy was designed to generate revenue for the federal government. To that extent the senate may be accused of shielding criminal elements who have engaged in the evasion of the payment of customs duties. If the senate had wanted to protect the interests of vehicle owners including themselves they ought to have entered into dialogue with the minister of finance. There is no legal or moral basis for the arrogance of power being displayed by the senate whose leadership has recently being linked with the illegal importation of a bullet proof limousine with fake papers to evade the payment of appropriate customs duties.

In El-rufai v House of Representatives (2003) 46 W.R.N 70 the court of appeal placed heavy reliance on the case of senate of the National Assembly v Tony Momoh where it was held that “no power exists under the section for general investigation not for personal aggrandizement of the house”. So the appellants were not entitled to have invited the respondent in the first instance. In the instant case, the senate is not conducting an investigation but challenging the policy of the Nigeria Customs Service on payment of duties. With respect., the summons served on the CGC is illegal and unconstitutional as it cannot be justified under section 88(2) of the constitution.

Illegal directive on wearing of uniform by CGC

However, the senate engaged in another illegality when it exceeded its powers by asking the CGC to appear before it in customs uniform. Neither the constitution not the rules of procedure of the senate has conferred on it the power to compel the CGC to wear customs union when he is not a serving customs office. Indeed, the directive is a reckless usurpation of the powers of the board which is the only competent body to decide on the wearing of uniform by customs officer.

In many countries including South Africa customs officers do not wear uniforms. It is on record that the first 4 heads of the customs department in Nigeria never wore uniforms.

Under the defunct military junta, officials of the security agencies wore uniforms as they claimed that they were either military or paramilitary forces. With respect to the customs service, its officers are required to wear uniforms in accordance with section 8 of the customs excise and preventive service regulations which provides that “clothing and equipment shall be of such pattern and worn in such manner as the board shall determine.” The suit challenging the legal validity of Col Hameed Ali’s appointment has been dismissed on the ground that the President has the power to appoint a non-customs officer to head the customs service. Since a competent court has held that he is not a customs officer, Ali cannot be made to wear any uniform by the senate.

If I am said to be wrong I challenge the senate to refer to any law that supports the wearing of uniform by the head of the customs service who is not a serving customs officer. The EFCC has been headed by 3 serving police officers and a retired police officer but the senate never mandated any of them to wear uniform whenever they appeared before it. Even the embattled acting chairman of the EFCC, Ibrahim Magu who appeared for confirmation in the senate last week was not directed to wear his uniform even though he is a serving police officer.

I should not be understood as saying that the senate deserves to be treated with disdain. All I am saying is that the senate should have appreciated the limit of its powers under the constitution. Thus, instead of playing into the hands of the CGC by invoking the provision of section 88 of the constitution, the senate could have summoned the minister of finance to justify the policy of the Nigeria Customs Service, a parastatal under her supervision. That would have been in consonance with section 67 (2) of the constitution which has imposed a duty on every minister to attend either house of the national assembly to explain “the conduct of his Ministry, and in particular when the affairs of the Ministry are under discussion.”

Finally, the Nigeria Customs Service should be directed by the minister of finance to cancel the illegal policy on payment of appropriate excise duties. If the federal government remains recalcitrant on the matter we shall not hesitate to challenge the policy at the federal high court. However, if the federal government is seriously committed to end the importation of vehicles into Nigeria via neighboring countries it should direct the Nigeria Customs Service to reduce the prohibitive duties charged on imported vehicles.

Hameed Ali VS Senate: A Case Of Democratic Power Versus Military Mentality – Yinusa Tanko

Human Rights Activist and National Chairman of the National Conscience Party (NCP), Yinusa Tanko, has described the situation between the Senate and the Customs Comptroller General, Colonel Hameed Ali, as that of democratic power versus military mentality in a democratic setting.

He made the position known while addressing the issues that led to the summoning of the Customs CG by the Senate and the compulsion to appear in his complete uniform.

“The senate is trying to consolidate its power to say, this is the representative of the people, this House represents the interest of Nigerians and so when we call you, Nigerians call you and you must answer to the question of Nigeria.

“Here, you have an ex-military man, who comes from a big military background, who is trying to show that I’ve been a military man and in this my own profession that I have learned, there are things that cannot go down well with me as an ex-military man.”

Although Col. Ali had argued that there was no law to his knowledge that compelled him to wear the uniform, the NCP Chairman stated that according to some of the Senators, Section 2 of the Customs Act compels the CG to be in his uniform.

 

According to him, it must be understood that this is a democratic setting and the processes that brought him in must be understood.

Meanwhile, many hold the opinion that the real issue which led to the summoning of the Customs Comptroller General had been pushed to the background, and the focus had shifted to whether or not he appeared in uniform.

On his part, the NCP Chairman admitted to the fact that some of the major issues had been ignored, while also advocating that policies should be made in the interest of Nigerians.

“People who take up offices do not really read up on the kind of laws governing those offices and this is why anyone who is applying into any leadership role should read up on the laws guiding that office.

“If You want to achieve an aim, in ensuring that the system is clean, where there is need for you to do some things in order to get to that particular place, do them so that you would not have this particular altercation that does not depict the kind of person that you are”.

Mr Ali had been summoned to explain the Service’s new directive on duties to be paid on imported vehicles.

 

Source: Channels TV

BREAKING: Senate sends Hameed Ali away, asks him to come back in Customs uniform

The Senate has driven away the Comptroller-General of the Nigerian Customs Service, Hameed Ali, after he appeared before the lawmakers in mufti.

Mr. Ali’s appearance without uniform, on Thursday after his failure to appear on Wednesday, was contrary to the resolution of the Senate which asked that he must wear “appropriate” uniform to brief them over the now suspended policy on duty payment.

The Senate unanimously resolved to drive away Mr. Ali, following George Sekibo’s motion.

The Senate further resolved that he should appear again next Wednesday in uniform, after the lawmakers took turns to chide the Customs boss.

“Coming was just one part of our invitation, another part is that you wear uniform. Why are you not in uniform?” Ike Ekweremadu, who presided, asked Mr. Ali, after he observed protocols.

Mr. Ali then craved the indulgence of Mr. Ekweremadu to refer to the letter forwarded to him on Wednesday.

After reading the content of the letter, he said, “this letter did not connote that I should wear uniform.”

Responding, Mr. Ekweremadu said Wednesday’s letter was “further to the earlier letters which indicated that you should wear uniform. So this is a reminder.

“More importantly, this is official. We have expected military chiefs and the Inspector General of Police and they all wear uniform.”

“My not wearing uniform does not breach any law. No law, to my knowledge, that compels me to wear uniform. There is no law that says in doing my service, I have to wear uniform.”

Deputy Leader, Bala Na’Allah, drawing from the customs and excise law, argued there is law that compels Mr. Ali to wear uniform.

He said the customs chief was oblivious of the law, saying “I am happy you said you needed legal opinion.”

“I regret his grandstanding,” Aliyu Wakil (APC-Bauchi), former customs officer said.

Olamilekan Solomon (APC-Lagos), Barnabas Gemade (APC-Benue) and Barau Jibrin (APC-Kano) also chided Mr. Ali and insisted he must wear uniform.

After the resolution, Mr. Ekweremadu explained that Section 2 of the customs law provides that all officers, including comptroller-general, must wear uniform.

“As number one officer, you should lead by example,” Mr. Ekweremadu said.

 

Source: Premium Times

UPDATE: I’m not mandated by any law to wear uniform as Customs boss – Hameed Ali

The Comptroller-general of the Nigeria Customs Service Hameed Ali has told the Senate that there was no law that required him to wear uniform as Customs boss.

Ali said this on Thursday on the floor of the Senate while responding to a question from Deputy Senate President Ike Ekweremadu.

Ekweremadu asked Ali, “Please oblige us if you have any reason for not wearing the Customs uniform?”, to which Ali responded, “There’s no law requiring me to wear uniform as CG of Customs”.

However, Senator Magnus Abe pleads with the CG Customs to wear his uniform to preserve the image of the Customs and perception of other institutions.

Senator Ali Wakili also appealed to the Senate to temper justice with mercy, saying; “Hameed Ali is a man of integrity, we should liaise with him”.

FLASH: Senate plans to send Hameed Ali out of NASS complex for not wearing Customs uniform

Members of the Nigerian Senate are planning to send Customs Comptroller General Hamid Ali out of the National Assembly if he refuses to put on his uniform.

Recall that the senate had requested that Ali appears before it, in customs uniform, which Ali had rejected on two occasions, saying he was not appointed to wear uniform.

He however showed up at the NASs complex to day wearing a white native attire and a white cap.

More Details To Come.

BREAKING: Hameed Ali arrives at the Senate — In white native attire and white cap

Hameed Ali, comptroller general  of the Nigerian Customs Service (NCS), has arrived at the national assembly complex, but not in customs uniform as requested by the senate.

Earlier, the senate had requested that Ali appears before it, in customs uniform, which Ali had rejected on two occasions, saying he was not appointed to wear uniform.

On Thursday however, Ali finally appeared before the senate in white native attire and a white cap.

“I can’t appear before the Senate on Wednesday”, Customs Boss, Hameed Ali says.

The Comptroller-General of the Nigerian Customs Service, NCS, Hameed Ali, has written the Senate, notifying the lawmakers he will not appear before them on Wednesday as expected. ?

The Senate Clerk read Mr. Ali’s letter on Tuesday.

He was summoned last Thursday over the planned clampdown on vehicles without duty payment.

In its resolution, the Senate said Mr. Ali must appear in appropriate Customs uniform which he has not been publicly seen to have worn.

He had hit back at the Senate, asking the lawmakers to show interest in his work not his dress.

In his letter, he said he had to attend an NCS meeting; but the Senate Leader, Ahmed Lawann said that reason was not tenable.

 

Source: Premium Times

“Wear uniform or resign,” Senate tells Customs boss Hammed Ali

The Senate has asked the Comptroller General of the Nigeria Customs Service, Hameed Ali to resign if he cannot appear before it in his uniform.

The upper chamber during plenary last Thursday mandated Ali to appear before it in Customs uniform over the agency’s plan to impound vehicles that do not have customs duty from April.

“If retired Colonel Ali cannot respect the Customs service or he’s ashamed of wearing its uniform and rank of his position while appearing before peoples’ representatives, then he should honourably resign,” Senator Solomon Adeola representing APC, Lagos West, said in a statement issued on Sunday, March 12.

The Senator also explained that the Senate mandated Ali to wear his uniform in order to protect the organizational integrity and discipline in the institution.

At the Thursday plenary, Adeola had backed Senator Dino Melaye on the need for the Senate to curb Ali’s ‘high-handedness.’

He said the Customs boss is “carrying out the affairs of this agency as if he is the managing director or the commander-in-chief of this country.”

However, the Comptroller General, in response to the Senate order, said he would not wear his uniform to the National Assembly, noting that he was not appointed to wear the uniform.

Ali has been wearing mufti while carrying out official duties since his appointment.

In the statement, Senator Adeola expressed disappointment in Ali’s response, saying he expected him, as a retired army colonel, to know the importance of uniforms.

Adeola said: “Military and paramilitary uniforms inclusive of ranks are part of the symbol of legitimate authority conferred on the wearer to carry out certain duties on behalf of the government.

“Except in covert operations, an officer in these organizations operating without uniform could be taken to be performing illegal duty or worse, be taken as not representing the institution at all. And as stated on the floor of the Senate in plenary, the Comptroller General is rank that can only be worn on uniform and not on mufti.”

According to him, there is concern among officers and men of the Customs Service on the appointment of ‘outsider’ to head the agency as it is a morale killer, career progression inhibitor as well as damaging to the organizational growth of the service stressing that there may be need to amend the Nigerian Customs Act to restrict appointment of CG to career officers as it is done in the Nigerian Police Force, the Nigerian Immigrations and the Nigerian Prisons Service.

“The APC-led Government of President Muhammadu Buhari was elected on the promise of change, adherence to rule of law and renunciation of impunity in any forms. The story we hear daily is the arrogance and high-handedness of the CG and name dropping of the President. We had it on good authority of his reluctance to be answerable to the Minister of Finance as stipulated in laws of the land.

We that were elected cannot look the other way while the people we represent are subjected to avoidable hardship orchestrated by an unelected appointee in a bid to cure the inefficiencies of the agency he leads. We are in a democracy,” the  Senator added.

The lawmaker stressed that the Senate supports Buhari’s anti-corruption drive as well as effort to increase revenue to get the nation out of recession but cautioned that no one should use personal agenda to drive public policy.

Senate Summons NCS Comptroller General, Hameed Ali Over Duty On Old Cars

The senate has summoned the Comptroller of the Nigeria Customs Service, Hameed Ali to explain a recent circular to levy duty on old vehicles already in the country.

Senate Deputy Majority leader, Bala Ibn na’allah? citing order 42 and 53 with regards to the circular urged senators to look into the sudden move to impound vehicles already cleared by a registered car dealer.

The President, Shippers Owners Association of Nigeria Greg Ogbiefun wants   a review of the Coastal and Inland Shipping act otherwise known as the Cabotage Act.

This was amongst discussions raised at the Shippers Association General elections.

“I cannot wear customs uniform”, CG Hameed Ali tells Senate.

The senate committee on customs and excise duties on Thursday told Hameed Ali to wear the uniform of the Nigeria Customs Service (NCS) to show his designation as comptroller-general (CG).

The committee had summoned Ali to explain the reason for the promotion and the sacking of officers without the approval of a board.

Speaking at the session,  Obinna Ogba, a senator from Ebonyi central, wondered why Ali would carry on the duties of CG in civilian attire.

“Mr CG, this committee will like to know the reason why you are still in mufti close to two years after your appointment as the comptroller-general of Nigeria Custom Service,” he asked.

In response, Ali explained that his reason for not wearing the uniform is because he is a retired army officer.

He said it was against military tradition for him to wear the uniform of another organisation.

His response irked Ogba, who said, “this is how you people keep deceiving Nigerians on wrong action and still defending it,” before exiting the session.

Also, Hope Uzodinma, chairman of the committee and senator from Imo west, faulted the decision of the customs boss to promote and fire officers without recourse to a board.

He said it was illegal of the CG to carry out such administrative assignments without a board in place.

But Ali blamed the ministry of finance for the delay in the constitution of a board for the NCS.

In response, Uzodinma assured him that the committee would send a letter to the ministry and other relevant bodies for the immediate constitution of the NCS board.

“You claimed that the minister of finance is the one delaying the composition of the board, this committee will write a letter straight away to the minister, secretary to the government of the federation and attorney general of federation to put the board in place without any further delay,” he said?.

“We are releasing you to go and sew your uniform while we continue with officials of ministry of finance and Central Bank? of Nigeria (CBN).”

Shakeup in the Nigerian Customs as 8 ACG`s, several DCG`s Redeployed.

Rtd  Col. Hameed  Ali,Comptroller-General of Customs on Tuesday approved the redeployment of 8 Assistant Comptrollers-General and several Deputy Comptrollers of Customs.

Huhuonline.com checks reveal that the Assistant Comptrollers-General affected by redeployment, which takes immediate effect, includes:

•ACG Charles Edike from Zone A to Human Resource

Development (HRD)

• ACG Ahmed Mohammed from HRD to Zone B(Abuja, North central  and North West Nigeria)

• ACG Aminu Dangaladima from Zone B to Enforcement

• ACG Francis Dosumu from Enforcement to Zone D(North east Nigeria)

• ACG Augustine Chidi from Zone D to Excise, Free Trade

Zone and Industrial Incentives (Ex, FTZ, & I I)

• ACG Monday Abueh from Ex, FTZ, & I I to Zone A(Lagos and South West)

• ACG Umar Sanusi from HQ to Zone C(South South and South east)

• ACG Abdulkadir Azerema from Zone C to HQ

The redeployment of Deputy Comptrollers of Customs affected the Service Public Relations Officer, DC Wale Adeniyi, who is now posted to Apapa Customs Area Command, Lagos.

Meanwhile, the Comptroller-General reiterated Federal Government ban on importation of Rice and Vehicles through the land borders.

He  urged all Officers and Men of the Service to ensure maximum collection of revenue and strict implementation of the fiscal policy of Government.