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Duties Of The Agency At The Seaports: NDLEA Officers

(Extract from page 7 in SOP document)

The officers of the Agency working in the seaports are charged with the following responsibilities.

  1. Prevention and detection of offences in violation of the provision of the NDLEA Act.
  2. Working in collaboration with Nigeria Customs Services in monitoring the movement of goods and persons in any customs area; custom station or customs ports and searching cargoes; incoming and outgoing vessels, including pleasure craft and fishing vessels as well as searching crew members, passengers and their baggage.
  3. Detecting consignments suspected of containing narcotic drugs and psychotropic substance coming into or out of a customs area, customs station and customs port.
  4. Maintaining surveillance in harbour and dock areas.
  5. Investigating assets and properties of persons arrested for committing any offence under this Act.
  6. Identifying and tracing proceeds involved in any offence under this act and effecting forfeiture of such proceeds; and
  7. Dealing with matters connected with extradition and mutual assistance in criminal matters.

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NDLEA Act Cap N30 LFN Section 4 (1): Shipping Company and NDLEA Officers

(Extract from page 8 in SOP document)

NDLEA Act Cap N30 LFN section 4 (1) stipulates that: Any officer of the Agency involved in the enforcement of the provisions of this Act,

  1. May without warrant enter and search any carrier including vessel or container or any other instrumentalities whatsoever which he has reason to believe is connected with the commission of an offence under this Act.
  2. May perform test and take samples of any substances relating to the commission of an offence which are found on the carrier including vessel or containers or any other instrumentalities whatsoever searched pursuant to paragraph (a) of this subsection.
  3. Arrest any person whom he has reason to believe has committed an offence under this Act. iv. Seize any item or substance which he has reason to believe has been used in the commission of an offence under this Act.

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Boarding: Shipping Company and Captains and NDLEA Officers

(Extract from page 9 in SOP document)

Where NDLEA designated Officers have reason to believe that a Vessel calling at Nigerian Ports is connected with the commission of an offence under the NDLEA Act, such designated officers shall be part of the Joint Ship Boarding Team coordinated by the NPA and regulated as specified in the NPA Standard Boarding Procedure.

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Export Seat: Cargo Clearance - For Cargo Clearing Agent and NDLEA Officers

(Extract from page 11 in SOP document)

In order to discharge this responsibility, the Exporter or his representative is required to submit an application for export to the appropriate seaport command stating the products, address of the Exporter, the address of the Clearing and Forwarding Agency, place of stuffing, date of stuffing, and destination of the consignment

  1. If the stuffing is outside the port and it’s environ:
    • The NDLEA Port Commander will liaise with the State Commander in whose State the stuffing will take place to send officers from his/her command to witness the stuffing, with other relevant Government Agencies.
    • After stuffing, the container is sealed and a written clearance addressed to the NDLEA Port Commander is issued to the Agent by the State Commander indicating the seal number and other necessary details.
    • At the Port, the Agent will submit the clearance collected from the State command to the Port command office where the final clearance paper is issued.
  2. If the Stuffing is within the port facilities/Area:
    • NDLEA staff and staff from other relevant Government Agencies will jointly witness the stuffing and thereafter NDLEA Clearance is issued to the Exporter or his Agent.
    • If it is a bulk cargo i.e. non containerized cargo, an Agency staff along with other Sister Agencies will physically monitor the loading of the vessel. At the end of the loading, Export clearance is issued to the Agent by the Command.
  3. Stuffing without notification
    • The containers will be subjected to thorough examination by the Agency and all other sister organizations in the presence of the Export Agent at an approved place.
    • If nothing incriminating is found, Export clearance is issued by the command to the Exporter or his/her Agent.
    • If exhibit or suspected/incriminating item is found, the item will be removed by the officer for further investigation, while such container will be impounded.

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Import Container Terminal: Cargo Clearance - For Cargo clearing agent and NDLEA Officers

(Extract from page 13 in SOP document)
  • The Shipping Agency shall always submit its cargo manifest to the Agency Command Office in the port before the arrival of the vessel (See Section 25 (2) c of NDLEA Act). Cap N30
  • Although all consignments are of interest to the Agency, some that are considered high risk are placed under watch list to ensure that they are properly examined before leaving the terminal
  • The list of containers to be examined each day should be submitted to the Agency staff in the various terminals by the terminal operators 24 hours before such examination take place.
  • Containers are jointly examined at the terminal by all relevant

The following documents are required from the importer or his Agent during examination of containers.

  1. Bill of Lading
  2. Packing List
  3. Customs Papers where necessary
  4. NAFDAC permit to import and Certificate of analysis for Precursor Chemicals and Controlled Pharmaceutical items.
  5. End user Certificate for Armoured vehicles, arms and ammunition and other security equipments issued by the National Security Advisers shall be presented by the Importer or Agent during examination, while photocopy should be submitted alongside with other aforementioned documents by the agent to NDLEA Terminal Officer before such vehicles can be released.
  6. International Passport of the importer shall be presented for clearance of Personal Effect during examination.

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Role Of Stake Holders And Other Government Agencies: For Shipping Companies who have terminals.

(Extract from page 18 in SOP document)
  1. Terminal Operators:
    • They are to provide a furnished office accommodation for the Agency Staff to perform their duties and responsibilities.
    • They are to submit the list of containers to be examined each day 24 hours before the examination takes place.
    • They should not tamper with the verifiable seals on the containers.
    • They are to comply with any lawful enquiry or request made by any authorized officer of the Agency in accordance with the provision of NDLEA Act.
    • They are to cooperate with the Agency staff in the discharge of their duties at any time and should not hinder, interfere or obstruct the staff in the exercise of such duties within their facilities.
  2. Shipping Agencies: For Shipping Agents
    • They shall submit their cargo manifest in advance to the Agency Command Office in the port. (See Section 25 (2) c of NDLEA Act).
    • Each Shipping Agency should use tamper – resistant verifiable seals on their containers (see section 25 (2) d
    • They are to honor request bordering on stoppage of release of container for investigation purpose.
    • They are to take reasonable precautionary measures to ensure that their means of transportation are not used in aiding or committing crime as stated in section 25 (1)a of NDLEA Act.
    • They should not allow any unauthorized cargo in their means of transportation. (No cargo meant for Export should be accepted without Clearance from the Agency). (See section 25 (1) b
  3. Customs Licensed Clearing Agents: Cargo Clearance - For Cargo clearing agents
    • The Clearing Agents should be available at the terminal for joint examination when their containers are positioned.
    • They shall bring all necessary documents including the Bill of Lading during examination and make copies available to the NDLEA officer at the examination bay.
    • They shall be responsible for repositioning of their containers for examination when necessary.
    • They should present their joint examination form for endorsement immediately after examination of every container or cargo.

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