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Business & Economy

Manufacturers, importers, agents decry continuous collection of 4% FOB levy at Nigerian ports

The FrontierThe FrontierSeptember 23, 2025 1155 Minutes read0

•Nigerian seaport

The Manufacturers Association of Nigeria (MAN) and clearing agents operating at the nation’s ports have raised the alarm that despite the Federal Ministry of Finance’s directive that the Nigeria Customs Service (NCS) should suspend the 4 percent Free-on-Board (FOB) levy on imported goods, the Service has failed to implement the directive as the levy still reflects on the Customs portal.

A few weeks ago, the Minister of Finance and Chairman of the Nigeria Customs Service Board, Wale Edun, had, in a letter dated September 15, 2025, and addressed to the Comptroller General of Customs, ordered the immediate suspension of the 4 per cent FOB levy collection, following widespread public outcry and stakeholder concerns about the levy’s negative economic impact.

The letter, signed by Permanent Secretary R. O. Omachi, stated that extensive consultations with industry stakeholders and trade experts revealed that the 4% FOB charge poses significant challenges to the Nigerian trade facilitation environment and economic stability.

However, the manufacturers and clearing agents confirmed that Customs is yet to implement the directive, reports The Nation.

The Director General of MAN, Segun Ajayi-Kadir, described the situation as a harrowing experience for manufacturers, noting that the government’s official position differs from what is reflected on the Customs portal.

He noted that MAN had previously highlighted how the levy would increase production costs and lead to higher consumer prices.

Kadri stated that the manufacturers’ initial hope, sparked by the suspension directive, has been dashed by Customs’ continued implementation of the levy.

According to him, “Apart from being confused about the situation, it is a concerning development for us. What we know to be the position of the government, as contained in the letter of the Honourable Minister of Finance and Coordinating Minister for the Economy, is different from what is reflected on the Nigeria Customs Service’s portal. We had expected that the implementation of the 4 per cent FOB charge would be suspended and that the Customs Service would revert to the 1 per cent CISS and the 7 per cent Cost of Collection.

He said further that, “MAN had pointed to the need to consider the overwhelming negative impact of the reintroduction of the charge on the manufacturing sector and other businesses. We outlined the implications for the increased cost of production and the attendant higher prices of manufactured products for the Nigerians. We canvassed Nigeria’s alignment with prevailing best practices around the world, including the West African Sub-region, where FOB charges range between 0.5 and 1 percent down.

Kadri said, “Then recommended that the implementation of the 4% FOB charge be stopped and an impact assessment of the imposition of the charge be done. We requested a well-structured engagement with relevant stakeholders, including MAN and other organized private sector groups and stakeholders, to ascertain the next steps to address the concerns of Customs on their revenue generation objectives and the profitable operation of manufacturing industries and other businesses.

“So the suspension was prayers answered and the continued implementation is hope dashed.”

Also speaking, a Board member of the Association of Nigerian Licensed Customs Agents (ANLCA), Dayo Azeez, stated that the 4 percent levy is still active on the Customs portal, preventing many importers from capturing their consignments.

“By the time you want to capture, unless you are ready to forfeit your 4 per cent payment, you can go ahead because nobody will make a refund for you. So, many importers now are not capturing because the 4 per cent is still reflecting in the Customs portal,” he said.

Azeez, who is also the Chief Executive Officer of Mambilla Shipping Agency Ltd, warned of looming port congestion and unwarranted accumulation of storage charges and demurrage at shipping companies and terminals, as both goods currently at the port and those in transit are affected.

“Both the goods that are at the port now and the goods that are on the way coming, that have been given a rotation number by the shipping companies, cannot be captured because the 4 per cent is still reflecting on the Customs portal.

“So, this is gradually leading to congestion in the port and unwarranted accumulation of storage charges and demurrage at both the terminals and shipping companies. So, many people are just suffering in silence. Since the day the suspension was announced till this morning, it has not been cancelled, “he said.

When reminded that the 4 per cent FOB levy is actually in the Customs Act, and expected of Customs to implement its laws, Azeez said, “It is the government that gave the directive. So, they should know that there is an existing law supporting the collection of the 4 per cent levy in the first instance before issuing the directive.”

Also, former president of the National Association of Government Approved Freight Forwarders (NAGAFF), Increase Uche, echoed the same sentiment, stating that the minister’s directive should be obeyed since it was issued in line with the laws establishing the NCS.

An importer, Folagbade Mosaku, declared that the lack of coordination between government agencies is the bane of the challenges confronting the port.

According to him, “the Minister of Finance has no power to abrogate what the law of the Service says. It is not the duty of the Executive to make the law. Their duty is to implement it. The law made by the National Assembly can only be abrogated by the same institution. The 4% FOB levy stands until the law is repealed by the lawmakers,” he said.

No wonder, while reacting to the suspension, the Service, in a statement, stated that it has started consultation with the ministry to seek guidance on alternative measures to ensure continuity of service delivery.

Customs has also clarified that the 4 per cent FOB provision was not recently introduced but already established in Section 18(1)(a) of the Nigeria Customs Service Act, 2023, as a statutory funding mechanism.

“For clarity, the Service wishes to emphasise that the National Assembly established the 4 per cent FOB provision through Section 18(1)(a) of the Nigeria Customs Service Act, 2023, which stipulates “not less than 4 percent of the free-on-board value of imports according to international best practices” as a statutory funding mechanism for the Service’s operations,” the NCS statement said.

The impasse between the Customs Service’s adherence to its statutory law and the Finance Ministry’s directive leaves manufacturers, importers, and clearing agents in a difficult position, facing rising costs and operational delays.

Tags
agentsFOB levyImportersManufacturersNigerian ports
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