On Wednesday, 15th March, 2017, the embattled Controller-General (CG) of Nigerian Customs Service (NCS), Col. Hameed Ali (rtd), was expected to face 108 Senators to defend his agency’s refusal to heed to a resolution passed by the Upper Legislative Chamber.
He was directed by the lawmakers to appear before them in his Customs service uniform as head of the revenue generating agency.
While lawmakers sharpened their teeth, ready to devour the controversial Ali, the embattled retired Colonel, on the other hand, stuck to his guns and boasted to high heavens that he will not appear before the Senate in Customs Service Uniforms.
The beginning of frosty relationship
The frosty relationship between the Senate and Ali, did not come to many keen observers as a surprise. For a handful of them, the dirty fight was long-overdue. They saw the fight coming, but were not sure it will be so sudden and would garner the kind of interest it did.
The directive handled down to the CG of NCS by the Senate that it should not go ahead with the implementation of collection of duties on old and new vehicles in the country, was the third in a series of face-offs between Senators and Ali.
Senators, while arriving at the decision to halt the implementation of the policy, noted that the directive contravened the law and would not be allowed to stand. They had told Ali to maintain status ante, pending when he would appear before the relevant committees.
Unknown to many Nigerians, the ground work for the fight was laid on January 10, 2017, when the Senate unanimously rejected the Federal Government’s ban on the importation of vehicles through the land borders in the country. Lawmakers had described the policy as ‘anti-people and meant to further impoverish Nigerians.’
The Senate Committee on Customs and Excise was mandated in January to investigate the circumstances that led to the sudden decision of the Federal Government on the issue of the importation of vehicles through the land borders. The committee is however yet to submit the report of its findings.
Sponsor of the motion, Senator Barau Jibrin from Kano State, had explained that the ban would lead to the loss of about 500,000 jobs by the people engaged in the business of vehicle importation and handling services in the border areas and around the country.
Deputy Senate President, Ike Ekweremadu, who presided, had specifically urged President Muhammadu Buhari to listen to the cries of Nigerians and rescind the decision.
Twenty four hours after the directive was issued, the leadership of NCS ignored the Senate and went ahead to implement the ban on land importation of vehicles into the country.
Ali on January 11, 2017, directed men of the Compliance Team and Federal Operations Unit to go ahead with the implementation of the ban across all the land borders in the country.
The second incident happened on the 2nd of February, 2017, when Senators who are members of Customs and Excise committee, had a heated debate with Ali, over his refusal to wear the Service’s uniform since he was appointed in 2015 by President Muhammadu Buhari.
At the session, a member of the Committee, Senator Obinna Ogba (PDP, Ebonyi Central), challenged the Customs boss’ refusal to wear his uniform, almost two years after his appointment. The Senator said the incident was “highly demoralizing to the officers and men of the front-line revenue generating agency.”
Ogba had said: “Mr. CG, we want this committee to know the reason why you are still in mufti close to two years after your appointment as the Comptroller General of Nigeria Customs Service.”
But, Ali in his response, had said that being a former military officer, the statute of the military permits him not to wear any other uniform again.
The response infuriated another member of the Committee, Senator Dino Melaye (APC, Kogi West), who reminded the Customs boss that a retired General of the Nigerian Army, Halidu Hananiya wore Federal Road Safety’s uniform when appointed as Corp Marshall of the agency.
But, Ali countered again by submitting that Hananiya made a mistake by his action then. His statement again angered Senator Ogba who angrily walked out of the meeting saying “this is how you people keep deceiving Nigerians on wrong action and still defending it.”
That was not all that played out. While the heated debate was on, Ali told lawmakers that he needed to take a break so he could go to a nearby mosque and pray. Again, lawmakers were infuriated. He left the committee room, despite protests from lawmakers. He returned about an hour later.
Things at stake
Still not done with the recalcitrant customs boss, the Senate issued a stern warning to him, to again appear at plenary in his uniform.
When Ali appeared at the Senate, he came in his ‘buba and sokoto’. The lawmakers who were unimpressed refused to attend to him, stetting the stage for more confrontations, with the Presidency maintaining a cunning silence over the issue.
The back and forth exchanges went on for some time, as Ali later said he would seek legal advice on the Senate’s insistence that he wore his Customs uniform. He also advised the lawmakers to do same.
Angry, the Senate had called on President Buhari to sack Ali, a call Buhari simply ignored, even though the lawmakers threatened not to screen some of Buhari’s nominees for different positions.
Interestingly though, during the same period, Nigerians were informed by ‘sources’ that a smuggled bullet-proof Range Rover Sports Utility Vehicle (SUV) had been impounded by the Customs.
The car valued at N298 million, was seized for failure of its owners to pay the Customs duty of N74 million.
The Senate President Saraki was linked to the vehicle, as it was alleged that it was meant for his convoy. He however denied it before the Senate Committee on Ethics and privileges.
As both sides refused to back down, the presidency through the Senior Special Assistant to President Muhammadu Buhari on National Assembly Matters (Senate) sought to find a political solution to the impasse.
Whatever the solution was, Nigerians were not let in on it as the matter quietly faded out.
Observers were worried that if the Senate failed to send a strong message to heads of Ministries, Departments and Agencies (MDAs), through its action against Ali, Nigerians will begin to regard it as a toothless bulldog.
What the law says
According to Regulation 31 of the Customs and Excise (Preventive) Service Regulations of 1963, a subsidiary legislation preserved by the Customs and Excise Management Act, “clothing and equipment shall be such pattern and worn in such manner as the Board shall determine.” In line with this portion of the Act, observers hold the strong viw that the Senate’s instruction that Ali must appear in uniform is in order.
Again, Regulation 13, Second Schedule of the Customs and Excise (Preventive) Service Regulations which deals with offences provides in S.38 that “Any act, conduct, disorder or neglect to the prejudice of good order and discipline though not herein specified is an offence and shall suffer punishment according to the nature and degree of the offence.”
Despite the foregoing constitutional provision, the Customs boss maintained his grounds that he will not appear before the Senate in Service Uniforms as specified in the summons extended to him.
Ali in an interview, maintained his position. He blatantly told the Senate that it should be more concerned about his performance and not his uniform.
“No, I was not appointed the Comptroller General to wear uniform,” stressed Mr. Ali. “Does the uniform work or the person behind the uniform? Am I doing my job or not? I think that’s what should interest the National Assembly.”
“If we suspect that smuggled items are brought into your own house, we have the rights to condone that house, and go in and search.”
After the endless cat and mouse fight, it was a big loss for the Senate and a resounding win for Col. Ali. After all the threats and grandstanding, the Senate could not bite. Its unnecessary barks and threats ended in futility. No sanctions were meted and no firm position was taken.
Since Nigerians lost interest at some point, the Senate, silently dumped their agitation and looked the other way. Some Nigerians however believe that the battle may be far from over. The Senate, under the leadership of Saraki, does not give up easily. It may be plotting a major shocker.
Besides, the 2017 budget of the NCS is yet to be submitted to the Senate for approval, and lawmakers may just take their pound of flesh.
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