By Isaac Anumihe
Confusion seems to be trailing the implementation of Federal Government’s Executive Order on 24-hour operations at Apapa Ports as National Drug Law Enforcement Agency (NDLEA), one of the agencies excluded from operating in the ports, has threatened legal action against the Nigerian Ports Authority (NPA).
Chief Executive of the agency, Muhammad Abdallah, who felt pained by the exclusion, said the operations of the NDLEA at the seaports are statutory and had been endorsed by the Federal Government in an Executive Order issued by Acting President, Yemi Osinbajo.
Abdallah warned that serious government business such as the number of agencies approved to operate at the seaports, must not be treated with frivolity, adding that any person or group of persons trying to misinterpret the Presidential Executive Orders for selfish reasons would be dealt with in accordance with extant laws.
“I wish to state unequivocally that NDLEA has the mandate of the Federal Government to carry out full counter-narcotic activities at the seaports. As a responsible agency of government, we consider the misrepresentation of facts as a slight on the Presidential Executive Orders on the ease of doing business,” he said.
Abdallah cited a letter by NPA to the agency, dated June 2, 2017 inviting NDLEA to a meeting. According to him, the Managing Director of NPA, Ms Hadiza Bala Usman, mentioned the agency as among the seven agencies approved to operate within the ports via the Presidential approval of October 2011. The NDLEA statement quoted Section 8 (1b) of the NDLEA Act, which states that: “The agency shall work in collaboration with the Nigerian Customs Services (NCS) in monitoring the movement of goods and persons in any customs area, customs stations, customs ports or customs airports and searching cargoes and incoming and outgoing vessels, including pleasure craft and fishing vessels as well as aircraft and vehicles and, when appropriate, searching crew members, passengers and their baggage.
He explained that the NDLEA was operating at the seaport in compliance with the law and Federal Government directive and any attempt to violate the directive would be considered as a conspiracy to advance the nefarious activities of drug cartels to the detriment of national security.
Recall that on June 7, 2017, the Managing Director of NPA had listed agencies that must vacate the ports as part of measures to implement the Executive Order. Such agencies authorised to operate in the ports, she said, include the NPA, the Nigeria Customs Service (NCS), Nigerian Maritime Administration and Safety Agency (NIMASA), Department of State Services (DSS), Nigerian Police, Nigerian Immigration Service (NIS) and the Port Health Authority (PHA). NDLEA, she said, should be invited when needed.
“The interest of Nigeria must remain paramount above every other consideration. No one agency can succeed in isolation. We must learn to collaborate, share intelligence and embrace latest technology in promoting government’s policy of facilitating trade and encouraging Foreign Direct Investment,” the statement said.
“We have given directive that unauthorised personnel should vacate the ports. Only authorised personnel that have access in the ports are allowed. The port security has been given clear directives not to permit anybody except those that have business in the ports. Indeed, this applies to officials that are off-duty. Only on-duty officers are committed to be in the port location and those directives have been clearly given. We also made it clear that once any officer is caught soliciting for arms, he should be brought to our attention for necessary action,” she said.
But sooner than she gave the order, stakeholders in the maritime industry picked holes in the order saying that it is not realistic within the timeline of 30 days. They argued that some of the infrastructural deficits have not been provided by government, including road, electricity supply, perimeter fencing of the terminals, scanners, among others.
Responding to the stakeholders’ observation, Usman said, “as you know, the roads are under the Federal Ministry of Power, Works and Housing. And indeed, the roadworks are not contained in the Executive Order that was deployed. We know that implementing the Executive Orders requires functional roads. Ministry of Works and NPA are partnering towards providing funding for the construction of the roads. Now, we have ongoing palliative works. We believe that it is important for us to conclude on the main reconstruction. Federal Ministry of Works is providing us with the costing and we are going to jointly fund the reconstruction of the road but ongoing palliative work has started,” she assured.