Appointment of Kingsley Igwe : A Ministry commendation or court action?
By Dr Eugen Nweke
A BACKGROUND
On one hand, against the background that, the government so believed that there was an urgent need for the application of the Doctrine of Necessity to restore firm administration in the CRFFN, thus, it evoked the provisions of Section 5 of Act 16 of 2007 of the CRFFN, which conferred on the Hon. Minister, the power to superintendent and give direction of essential character to prompt good governance. And the Minister and Ministry believe that, they acted with utmost good fate.
On the other hand, against the backdrop of the understanding that the Registrar appointed by the Minister as at the time of his appointment is a member and Secretary General of one of the accredited associations, thus, association rivalry took a centre stage, leading to the coming together of the other four (4) accredited associations, faulting the processes of appointment of the Registrar and subsequently challenging the action in the Court of Justice.
2.0. The Need to Jaw Jaw not War War
2.1. Extolling the spirit behind the appointment of practitioner Registrar:
The spirit behind appointing a freight forwarding practitioner as the Registrar of the Council for the Regulation of Freight Forwarding Practice in Nigeria (CRFFN) is to:
a). Ensure industry expertise: A practitioner Registrar brings hands-on experience and in-depth knowledge of the freight forwarding industry, enabling informed decision-making.
b). Foster trust and credibility: Appointing a practitioner Registrar helps build trust among industry stakeholders, as they can relate to the Registrar’s experience and understanding of the industry’s challenges.
c). Promote effective regulation: A practitioner Registrar can develop and implement regulations that are practical, effective, and aligned with industry best practices.
d). Enhance stakeholder engagement: A Registrar with industry experience can facilitate better communication and collaboration between the CRFFN, freight forwarding practitioners, and other stakeholders.
e). Support capacity building: A practitioner Registrar can identify training needs and develop capacity-building programmes that address the industry’s skills gaps.
2.2. Extolling the importance & benefits of appointing a practitioner Registrar:
The importance and benefits of appointing a freight forwarding practitioner as the Registrar of CRFFN include:
a). Improved regulation: Effective regulation that balances industry needs with regulatory requirements.
b). Enhanced industry standards: Development and implementation of standards that promote professionalism, ethics, and best practices.
c). Increased stakeholder satisfaction: Better engagement and communication with industry stakeholders, leading to increased satisfaction and trust.
d). Capacity building and skills development: Training programmes and initiatives that enhance the skills and knowledge of freight forwarding practitioners.
e). Economic growth and development: A well-regulated and efficient freight forwarding industry can contribute to Nigeria’s economic growth and development.
f). International recognition and cooperation: A practitioner Registrar can facilitate international cooperation and recognition, promoting Nigeria’s freight forwarding industry globally.
g). Job creation and employment: A thriving freight forwarding industry can create jobs and employment opportunities for Nigerians.
Wherefore, against these informed background, I can go further to posit that, appointing a freight forwarding practitioner as the Registrar of CRFFN shall indeed bring significant benefits to the industry, the economy, and the country as a whole, hence, the need for a jaw jaw.
3.0. General Implications of the Court Action Against the Government based on Registrar Appointment Process
May I reiterate that, challenging the appointment of a practitioner Registrar at the Federal High Court and suing the government can have several implications for the group of accredited freight forwarding associations, the government, and the industry as a whole.
To buttress this position, let me list some possible implications as follows:
3.1. Implications for the Protesting Accredited Freight Forwarding Associations:
a). Delay In Resolving Industry Issues: The court case may delay the resolution of industry issues, such as regulatory challenges, that the associations seek to address.
b). Financial Burden: Pursuing a court case can be costly, and the associations may need to allocate significant resources to cover legal fees.
c). Potential Reputational Damage: If the court case is perceived as an attempt to undermine the government’s authority, it may damage the associations’ reputation and relationships with government agencies.
d). Uncertainty and Instability: The court case may create uncertainty and instability within the industry, potentially affecting business operations and investor confidence.
3.2. Implications for The Government:
a). Challenge to Authority: The court case may be perceived as a challenge to the government’s authority and decision-making power.
b). Potential Embarrassment: If the court rules in favor of the associations, it may embarrass the government and undermine its credibility.
c).Delay in Implementing Policies: The court case may delay the government’s ability to implement policies and regulations related to the freight forwarding industry.
d). Increased Scrutiny: The court case may attract increased scrutiny from the public, media, and other stakeholders, potentially leading to greater transparency and accountability.
3.3. Implications for the Industry:
- a) Regulatory Uncertainty: The court case may create regulatory uncertainty, potentially affecting business operations and investment decisions.
b).Delayed Reforms: The court case may delay the implementation of reforms and improvements in the freight forwarding industry.
c). Increased Costs: The court case may lead to increased costs for industry stakeholders, including legal fees, compliance costs, and potential fines or penalties.
d). Potential Impact on Trade: The court case may have implications for international trade, potentially affecting Nigeria’s reputation as a trade partner and its ability to attract foreign investment.
3.4. Envisioning Possible Outcomes:
a).Court Ruling In Favor Of The Associations:
The court may rule that the appointment of the practitioner Registrar was unlawful or unconstitutional, potentially leading to the appointment being overturned.
b). Court Ruling in Favour of The Government:
The court may rule that the appointment of the practitioner Registrar was lawful and constitutional, potentially leading to the Associations’ case being dismissed. And pride may pop up, leading to an appeal.
c). Out-of-Court Settlement:
The parties may reach an out-of-court settlement, potentially involving concessions or compromises on both sides.
d). Legislative intervention: The government may intervene legislatively, potentially amending the relevant laws or regulations to address the concerns raised by the associations.
4.0. SOLUTIONS, GOING FORWARD:
Without prejudice, but with every sense of professional responsibility and humility, I wish to give the following advices as suggestions going forward:
- On The Part of The Associations
a).Engage in constructive dialogue: Continue to engage with the government and the practitioner Registrar to address concerns and find mutually beneficial solutions.
b).Focus on industry development: Channel energy into developing the freight forwarding industry, promoting best practices, and enhancing professionalism.
c). Seek legal advice: Consult with legal experts to understand the implications of the court case and explore alternative dispute resolution mechanisms.
- On The Part of the Government
a). Foster collaboration: Encourage collaboration between the practitioner Registrar, associations, and other stakeholders to address industry concerns.
b).Ensure transparency and accountability: Maintain transparency in the appointment process and ensure accountability in the practitioner Registrar’s actions.
- c) Support industry development: Provide resources and support to promote the growth and development of the freight forwarding industry.
- On The Part of The Practitioner Registrar
a).Engage with stakeholders: Foster open communication with associations, industry stakeholders, and the government to address concerns and build trust.
b).Prioritise industry development: Focus on promoting best practices, enhancing professionalism, and supporting the growth of the freight forwarding industry.
c).Maintain neutrality and impartiality: Ensure that decisions are made in the best interest of the industry, without bias or favoritism.
- CONCLUSION
In conclusion, my sincere, general advice is for the Accredited Associations to put aside associations rivalry, explore negotiations, support the government in its efforts aimed at reforming the freight forwarding sector, and rally round the young Registrar to repositioning and re-enthroning professionalism via professional regulations, thus, sustaining professional sanity and discipline.
Therefore, I recommend a team work between the accredited Associations, the Registrar and practitioners. The essence of such collaboration will be geared towards:
a). Promote collaboration and dialogue: Encourage open communication and collaboration among all stakeholders to address concerns and find mutually beneficial solutions.
b).Focus on industry development: Channel energy into promoting the growth and development of the freight forwarding industry, rather than engaging in conflicts or power struggles.
c). Prioritize transparency, accountability, and professionalism: Ensure that all actions and decisions are guided by these principles to maintain trust and credibility within the industry.
d). Withdraw Case from Court: Having said all these, it is in the interest of our profession and professionally that, the accredited associations, should withdraw the court case and follow the above proffered advice.
At all time, let’s maintain the culture of ensuring that, the interests of the profession and professionals should be of greater importance than any personal or group interests.
Finally, the appointment of Mr. Kingsley Igwe a Freight Forwarding Practitioner should be embraced as divine professional integrity restoration and a rebirth of dignity in professionalism. All hands must be on deck. We have a collective duty to prove to maritime stakeholders that, Freight Forwarders has not only come of age, but are most sound, versatile administration and employers of labor in the maritime industry.
Fwdr Dr Eugene Nweke Rff Fnis Fptm Ksm, Secretary – Customs Consultative Committee; wrote from Lagos