Elumelu’s Fresh Trouble

Godwin Ndudi Elumelu

The Nigeria Customs Service (NCS), impounds two LB 6 Armoured bullet-proof vehicles imported by Godwin Ndudi Elumelu, member of the House of Representatives, amidst recent raid on Port Multiservices Terminal Limited (PMTL) by a combined team of mobile policemen and Customs personnel
By Stephen Ubanna
Friday, January 29, 2010 was not a good day for Godwin Ndudi Elumelu, a member of the House of Representatives representing Aniocha/Oshimili Federal Constituency in Delta state. Elumelu had taken delivery of two LB 6 Armoured bullet- proof vehicles imported through Port Multiservices Terminal Limited, PMTL, one of the private Terminals at Tincan Island port built on the basis of build, operate and transfer, BOT, by Grimaaldi Shipping Line Nigeria Ltd.
L.B 6 Armoured vehicle, according to a military expert, is the highest grade of bullet-proof vehicles. Elumelu was said to have given the job of clearing the vehicles to an Agent in Lagos who claimed to “know” his way with the Nigeria Customs service. The Source learnt that the Agent had told Elumelu that with the sum of about N300,000, he would take delivery of the vehicles. An elated Elumelu was said to have engaged the Agent,who true to his words, was able to find his way in Customs circles. He paid the N300,000 which was given to him by the Delta-born Lawmaker to the Bank as duty for the vehicles. The Source learnt that the payment was confirmed by the Accounts Department of PMTL Customs Area Command, which qualified Elumelu to take delivery of the Containerised Armoured vehicles. Investigations by The Source, however, indicates that Elumelu ought to have paid about N27 million into the Federation Account, but instead chose to shortchange the government.
A senior Customs Officer who spoke to The Source said the deal blew open when the N300,000 payment was querried. It was learnt that the officer who querried the payment had alerted the Area Comptroller, Garba Kurfi. The Comptroller, The Source learnt, then became interested in the matter, because of the problem of under payment in the Command.
Steve Okonma, a Superintendent of Customs and the Command’s former image -maker said: “Officers found to have connived in the deal have been dealt with".
Okonma said measures have been put in place by the management to check a repeat occurrence of such fraud. Officers on Examination and on the Release Desk, he said, are now to wear “on Duty cards,” for easy identification. There had been cases in the past where officers would commit fraud and escape unpunished. Okonma said that “all Single Digit Drawers” forms passing through the port must bear the name and signature of the Agent, as well as name and official stamp of the agency. This is in addition to the, “Authority card which must be attached to the release note to key in seat.”
He (Okonma) stated further that any SGD without the above mentioned instruments would be turned down and not treated. An angry Okonma said some measures have been put in place to check the use of MO to clear goods by agents in the port.
But Comptroller-General of Nigerian Customs Service (NCS), Abdullahi Inde Dikko was not to be ready to allow Elumelu escape without paying the relevant duty into government coffers. He was said to have, there fore, given the nod to the Valuation Department to revalue the Containerised vehicles as a result of which. Elumelu was said to have been given a Debit Note, DN , of N23 million. Unconfirmed report said, he has paid the bill.
Unknown to the Elumelu, however, his problem had only just begun as the vehicles were seized. As at Wednesday, February 3, 2010, the vehicles were still parked at Customs Headquarters , Abuja. Elumelu is said to have done everything within his powers, including reaching out to the Presidency and the leadership of the National Assembly, to get the vehicles released, but to no avail. The Customs Management is insisting that he must produce the vehicles' End Users Certificate, (EUC). Elumelu may find it difficult to get the EUC from the Defence Headquarters because of the situation in the Niger Delta.
Not many people are surprised at the involvement of Elumelu in the import duty scam. This is because of his alleged involvement in fraud in the power sector.
The allegation was so embrassing that the Economic and Financial Crimes, (EFCC) dragged Elumelu and 29 others in the House Commitee on Power before an Abuja High Court. Elumelu and the 29 others were said to have defrauded the government of N5.2 billion for rural electricity projects. But the Delta-born lawmaker would not agree that he defrauded the government and prayed the court to halt his trial until the anti-graft agency makes available to him a copy of its proof of evidence which he said he needed to use in preparing his defence. The court has fixed March 9, 2010 for hearing on the case.
Given the fraudulent activities of importers and Clearing Agents with their Customs collaborators at the various Customs Area Commands , the government has continually beamed its searchlights on the Commands. But the Agents appear not ready to let the government have its way as they often take recourse in directing their antagonism against Customs personnel.
Last November, Okonma, PMTL's former image-maker was held hostage for 45 minutes by Agents alleged to be touts, for ordering them out of the Command’s premises. The touts, who seemed to be supporters of chieftains of the Association of Nigeria Licensed Customs Agents, ANCLA, National Association of Government Approved Freight Forwarders, NAGAFF and National Council of Managing Directors of Licensed Customs Agents, NCMDLCA.
One notable Agent, whose name has continued to be mentioned in both official and unofficial circles for providing cover for the touts, is Kayode Farinton, a chieftain of ANCLA. The Source learnt that on several occasions, Farinton had confronted Kurfi, Area Comptroller, PMTL, over seizures made as a result of the use of Machine Outside , (MO), documents to clear general goods or Vehicles. There was a case of 96 vehicles belonging to 45 importers which were cleared with MO.
The Source learnt that Kurfi had threatened to seize the vehicles because they were cleared with MO. One Fariton had thereafter alerted Lucky Amiewero, Aare Shittu and Taye Oyeniyi, all big-time Agents, who were said to have met with Kurfi to plead for leniency. Fariton, The Source was told, was said to have promised to make amends. It was learnt, however, that another set of 14 vehicles were cleared with MO two weeks later. Farinton was said to have gone to Comptroller Kurfi, threatening fire and brimstone for not heeding his advise to keep away from businesses linked to him. Kurfi thus petitioned Customs Headquarters and the State Security Service, SSS, about the threat to his life and alleged plans to burn down the Command.
Insiders said Dikko, the Comptroller General, alerted his colleagues in the National Security Council, NSC, about Kurfi’s petition, based upon which. The Source learnt that the SSS and the Directorate of Military Intelligence, DMI, invited Fariton to their office for a chat. He was said to have told the Security Agencies at the meeting that the problem of PMTL was MO.
The Source made several efforts, including visits and phone calls to Fariton to hear his own said of the story but was never able to meet with him.
On Wednesday, January 27, 2010, 118 fierce-looking and heavily armed Mobile policemen and 70 Customs Officers led by M. Inuwa , an Assistant Comptroller of Customs stormed PMTL. Eye-witness accounts said 33 arrests were made. They were detained at the State Criminal Investigation Department (SCIS), Alagbon and Panti in Lagos. from where they were taken to a Lagos High court on Monday, February 1, 2010. The Customs had expected to see all 33 suspects in court but saw only 25. There was a mild drama outside the court, between the Police and the Customs over the suspects arraigned in court. Perhaps, the issue would be resolved in March when the suspects would reappear in court.
Industry analysts say, however, that the success of the combined team of Mobile and Customs personnel in the raid of PTML was because Musa Tahir, former Comptroller, Federal Operations Unit, FOU, Zone A, Ikeja, but now Assistant Comptroller-General, Enforcement and Drugs, who was instrumental to the raid was well aware of the problems at the Command.
As Comptroller, FOU, Ikeja, Lagos, Tahir had set up crack and roving teams to monitor what was happening at the Lagos ports. This was because of the news frequently making the rounds, to the effect that MO is routinely used in clearing goods at PMTL and other ports in Lagos. That much was confirmed by the seizures made by Abdullahi Kerewa, a Superintendent of Customs and statements volunteered by culprits.
There were other fraudulent acts which Kerewa and other Team Leaders discovered. These ranged from concealment, contrabands, false declaration, to wrong classification, but the owners, nonetheless, always took delivery of their goods. There was, for instance, the case of a Nigerian resident in the United States of America (USA), who was relocating to Nigeria with his personal effects. He had given the job of clearing the personal effects to an Agent who had made underpayment with the active connivance of Customs personnel but the consignment fell into the hands of FOU personnel on roving operations.
Given the successes achieved in PMTL, unconfirmed reports say that Tahir has sent a warning signal to Tin-can Island, Apapa, Kirikiri Lighter Terminal and Lilipond- Ijora Area Commands to be prepared for their turn.