Review Ghana Shippers' Council's Decision - Allship Logistics

Accra, June 25, GNA - Allship Logistics Limited, a Tema-based Goods Import, Export and Freight Forwarding Company, has filed a Motion on Notice Application at the Commercial Division of the High Court in Accra, praying the court for an order of Judicial Review of a decision issued by the Customs, Excise and Preventive Service (CEPS) on behalf of the Ghana Shippers' Council.

Allship is praying the Court to issue an Order of Certiorari for the two organizations, (CEPS and the Ghana Shippers' Council), to bring to the Court's registry, for the purpose of being quashed, the notices issued without jurisdiction.

According to Allship, notices CEPS issued for and on behalf of the Ghana Shippers' Council on March 6 and April 22 this year, to extend Shipment Notification Form (SNF) to the Airport and the land borders amounted to an illegality.

In the view of Allship, since "the enabling law specifically limits Ghana Shippers' Council to the regulation of commercial marine cargo, it has no power to extend its operation to the airport and the borders, where imports are carried out by air and land".

It is, therefore, praying the Court to restrain the Ghana Shippers' Council, which is acting in concert with CEPS, else they would continue with their illegal acts.

Allship is further praying the Court that, it would be in the interest of justice, if it ordered the Ghana Shippers' Council to refund "the monies illegally levied together with interest thereon to Allship."

In a statement of case in support of the Judicial Review Application, Allship explained that Ghana Shippers' Council is a statutory body whose main function is the regulation of commercial marine cargo and shipping in the country, while CEPS' core functions include the regulation, imposition and collection of taxes on imports and exports.

Allship stated that on March 6 and April 22 this year, sectional commanders of CEPS at Aflao and the Kotoka International Airport, acting on the instructions of the Ghana Shippers' Council, issued notices for and on behalf of CEPS, the effect of which, "makes the notification form a condition precedent for the clearance of goods and services at the Airport and land borders of this country". Allship is of the view that if the Ghana Shippers' Council "is desirable of extending its power to the said places, it can only do so by an Act of Parliament, and that as of now, we are not aware of any such Act, nor has our attention been drawn to one". It is the conviction of Allship that National Redemption Council Decree 254 "envisages and clearly limits the scope of the Ghana Shippers' Council, to transportation by water, and nowhere is its authority extended to transportation by air or road. Allship further contends that if the Ghana Shippers' Council "wants to levy charges on transactional basis, then it must first seek the approval from the Minister of Transport and Communication, and this approval will be given by passing a Legislative Instrument by Parliament". 25 June 08