• Home
  • Anti-Corruption
  • Fact-Check
  • Economy
  • National
    • Government
  • Security
  • Features
  • State
  • Event
    • PR Nigeria Award
  • E-Paper
Search
  • Home
  • About
  • Adverts
  • Contact
Sign in
Welcome! Log into your account
Forgot your password? Get help
Password recovery
Recover your password
A password will be e-mailed to you.
PRNIGERIA PRNigeria News
PRNIGERIA PRNIGERIA
  • Home
  • Anti-Corruption
    • Chinese nationals jailed in Lagos

      Court Jails Nine Chinese Nationals for Cybercrime in Lagos

      ASUU

      Tackle Corruption, Institutional Decay – ASUU Charges FG

      EFCC Arraigns Bauchi Accountant General Over N8bn Fraud as Court Sentences…

      PRNigeria logo fearured image

      EFCC Arraigns Ex-Convict, Other for Naira Abuse in Lagos

      EFCC Arrests 37 Suspected Internet Fraudsters in Ilorin

  • Fact-Check
  • Economy
    • Acting Controller General of Customs, Nigerian Customs Services, NSC, Ag. CG Bashir Adewale Adeniyi

      Customs Exposes Scam Over Form M Migration to B’Odogwu Platform

      CBN

      The Facts About Nigeria’s Debts Burden Under Tinubu’s Watch By Zekeri…

      Ibrahim Yahaya Dandakata of Arewa Economic Forum AEF

      AEF Slams CBN’s New BDC Policy, Cites Threat to Northern Economy…

      Google Search Tech Digest

      7 Smart Google Search Tips That Will Save You Hours By…

      U.S. VISA

      REVEALED: Why US Reduced Visa Validity for Nigerians to 3 Months…

  • National
    • Buhari Laid to Rest in Daura as Tinubu, Shettima, World Leaders…

      BREAKING: Nigeria Bids Farewell as Former President Muhammadu Buhari Laid to…

      Gen Lucky Irabor and Muhammadu Buhari

      Beyond the Public Gaze: Gen Irabor’s Intimate Farewell to Buhari

      Tinubu Receives Buhari’s Remains in Katsina Ahead of Burial in Daura

      Late President Muhammadu Buhari

      Atiku, Osinbajo, Amaechi, Pantami, Others Storm Katsina for Buhari’s Final Rites

    • Government
      • Buhari Laid to Rest in Daura as Tinubu, Shettima, World Leaders…

        Gen Lucky Irabor and Muhammadu Buhari

        Beyond the Public Gaze: Gen Irabor’s Intimate Farewell to Buhari

        Kogi Confirms Arrest of Kidnappers’ Informants

        Late President Muhammadu Buhari

        Atiku, Osinbajo, Amaechi, Pantami, Others Storm Katsina for Buhari’s Final Rites

        JUST IN: VP Shettima Arrives Katsina With Late Ex-President Buhari’s Body

  • Security
    • Nigerian Police Force

      Police Nab Suspects Over Killing of Chinese National, Arrest 2 Others…

      Nigerian Police Force

      Lagos Police Arrest Suspected Armed Robber, Recover AK-49 Rifle

      Kogi Confirms Arrest of Kidnappers’ Informants

      Badaru and Matawalle

      Buhari’s Patriotism Will Never Be Forgotten — Ministry of Defence

      Police Officer

      Enugu Police Raid Firearms Factory, Recover 10 Guns

  • Features
    • Gen Lucky Irabor and Muhammadu Buhari

      Beyond the Public Gaze: Gen Irabor’s Intimate Farewell to Buhari

      Tribute to the Late Former President Buhari, By Vice Admiral Awwal…

      Customs boss, CGC Bashir Adewale Adeniyi with NAFDAC DG Professor Moji Adeyeye

      Customs, NAFDAC and the Fight that Matters

      Late President Muhammadu Buhari

      The Passing of a Mighty Warrior by Chief Femi Fani-Kayode

      President Muhammadu Buhari

      Buhari in his Own Words By Kabir Akintayo

  • State
    • Nigerian Police Force

      Police Nab Suspects Over Killing of Chinese National, Arrest 2 Others…

      Nigerian Police Force

      Lagos Police Arrest Suspected Armed Robber, Recover AK-49 Rifle

      Kogi Confirms Arrest of Kidnappers’ Informants

      Nigeria Engages US, UAE over New Visa Policies, Reaffirms Commitment to…

      Crowned Prince Salman of Saudi Arabia

      ‎Saudi Arabia Mourns Buhari’s Death, Condoles Tinubu

  • Event
    • Late President Muhammadu Buhari

      Northwest Governors Mourn Buhari, Declare Tuesday Public Holiday

      Late President Muhammadu Buhari

      UPDATE: Buhari’s remain for burial Tuesday 2pm – Gov Radda

      Alhaji Ibrahim Musa Suleja

      NIPOST Appoints Ibrahim Musa Suleja Director of Corporate Communications

      Asiwaju Adegboyega Solomon Awomolo

      47 Years of Excellence: Honoring Asiwaju Awomolo, SAN

      NCoS inmates

      58 Inmates in Kano Sit for 2025 NECO Exams, Thanks to…

    • PR Nigeria Award
  • E-Paper
Home Security Court Awards N5.5b damages against Nigerian Customs over unlawful seizure of rice...
  • Security

Court Awards N5.5b damages against Nigerian Customs over unlawful seizure of rice consignment

By
Prnigeria
-
July 10, 2019
NCS customs operations lagos
NCS customs operations lagos

Court Awards N5.5b damages against Nigerian Customs over unlawful seizure of rice consignment

A Federal High Court in Abuja has awarded damages amounting to over N5.5billion against the Nigerian Customs Service (NCS) and the Chairman, Nigerian Customs Service Board (NCSB) over their unlawful seizure of 90 containers of rice imported by a firm, Maggpiy Trading TFZE.

Maggpiy stated in its suit, marked:FHC/CA/CS/40/2017 that, on March 18, 2017, officials of the NCS invaded and sealed up its warehouse in the Tinapa Free Trade Zone (TFTZ), Calabar, containing over 90containers of rice stored in air-tight containers.

The plaintiff said, in addition to sealing its warehouse with its content, officials of the NCS stole part of the seized rice and detained its 40 trucks, containing 317 transit containers of rice, destined for the Tinapa Free Trade Zone, without lawful justification for 120 days along Onne, Port-Harcourt road.

In a judgment on Wednesday, Justice Inyang Ekwo upheld the plaintiff’s claims and held that the 1stand 2nd respondents – NCS and the Chairman, NCSB – acted unlawfully and without any justification in law.

Justice Ekwo rejected the defence raised by the NCS and the Chairman, NCSB and their attempt to justify their actions.

The judge faulted the 1st and 2nd defendants’ claim that they acted under the Federal Ministry of Finance Import Guidelines, Procedures and Documentation Requirements under the Destination Inspection Scheme in Nigeria.

Justice Ekwo held that, not only was the document inadmissible and worthless, having not been signed; there was no provision in the document that made it applicable to Free Trade Zones.

“I have studied the document, I cannot find anywhere it is made applicable to Free Trade Zones, which both parties have agreed, is a country within a country.”

The judge also rejected some circular tendered by the Customs to justify their action.

Justice Ekwo held that not only were most of the circulars made after the plaintiff’s rice consignment was seized on March 18, 2017, the defendants failed to show the law and orders pursuant to which the circulars were issued.

“The circular made on March 30, 2017, declaring Free Trade Zones, as land borders cannot apply to this case because it does, not have a retrospective effect.

“Therefore, the circulars, made after the plaintiff had imported the rice, and relied upon by the 1st and 2nd defendants, do not apply to this case,” the judge said.

Justice Ekwo also faulted the 1st and 2nd defendant’s argument that they were exempted, under the Customs and Excise Management Act, the from any liability and prosecution while applying the provisions of the law.

The judge said such exemption only applies where officials of the NCS are exercising the power granted by the law – the Customs and Excise Management Act.

Read Also:

  • Buhari Laid to Rest in Daura as Tinubu, Shettima, World Leaders Pay Final Respects
  • Police Nab Suspects Over Killing of Chinese National, Arrest 2 Others in Plateau
  • BREAKING: Nigeria Bids Farewell as Former President Muhammadu Buhari Laid to Rest in Daura

He added: “It has not been shown to this court the provisions of the said Act that authorises any of the Customs officials to enter and seal a business premises in a Free Trade Zone
“In that case, the foray of the 1st and 2nd defendants into the territory of the Tinapa Free Trade Zone and Resort, which is not a territory of the 1st and 2nd defendants, and which was not to enforce the provisions of the Nigerian Export Processing Zone Act or any regulation there of,was illegal and unlawful.

“The argument by the 1st and 2nd defendants that the plaintiff was importing its rice through the land border was questionable, because the containers they seized were merely being transported on land, from Onne Sea Port to the Tinapa Free Trade Zoneand Resort.

“The containers were therefore, in transit between one sea port and another. And, being in transit cannot be interpreted as land border importation.”
The judge described as infantile the argument that the plaintiff, in importing rice, acted outside its operating licence which was for the plaintiff to trade in food and beverages in Tinapa Free Trade Zone.

Justice Ekwo noted that such an argument amounted to a futile attempt to distinguish between rice and food.
The judge frowned at the discovery that part of the seized consignment was stolen by officials of the Nigerian Customs, while the plaintiff’s warehouse was sealed by the 1sstand 2nd defendants.

He said: “another intriguing part of the defendants action, during the course of this proceedings, is the discovery that, when stocks were taken, upon the unsealing of the warehouse by the 1st and 2nd defendants, 19421 of 50 kg bags and 1639 of 25 kg of the seized rice consignment have been pilfered by officers of the 1st and 2nd defendants.
“The 1st and 2nd defendants proferred no defence on this issue nor countered the evidence of the plaintiff.

“This, in my opinion, is a brazen act of treating the proceedings before the court with contempt apart from the reprehensible theft that the act of the 1st and 2nd defendants represents.”
The judge further held that the1st and 2nd defendants failed to supply evidence in support of their allegation that the plaintiff was involved in the smuggling of rice.

He added that smuggling being a criminal offence, the1st and 2nd defendant ought to provide evidence of prosecution or conviction of the plaintiff for the alleged offence of smuggling.
Justice Ekwo also frowned at the 1stand 2nd defendants’ failure to obey two different interlocutory orders of the court,which were intended to mitigate the loss which the plaintiff eventually suffered as a result of the theft of part of the seized goods and contermination from prolong sealing of the warehouse.
The judge granted all the reliefs by the plaintiff and awarded specific and general in damages in favour of the plaintiff, and against the 1st and 2nd defendants, in the amount estimated at N3,805,638,950 and $4,796,550.

Justice Ekwo also granted an order of perpetual injunction restraining the defendants from further unlawfully interfering with the lawful business transactions of the plaintiff within the Tinapa Free Trade Zone.

He also said the judgements um shall attract interest “at the prevailing Monetary Policy Rate of the Central Bank from the date of judgment until judgment sum is fully paid.”

Although the National Security Adviser (NSA) was sued as the 3rd defendant, Justice Ekwo said the plaintiff made out no case against the 3rd defendant.‎

By PRNigeria

VISIT OUR OTHER WEBSITES
PRNigeria.com EconomicConfidential.com PRNigeria.com/Hausa/
EmergencyDigest.com PoliticsDigest.ng TechDigest.ng
HealthDigest.ng SpokesPersonsdigest.com TeensDigest.ng
ArewaAgenda.com Hausa.ArewaAgenda.com YAShuaib.com
  • TAGS
  • Court
  • NCS
  • NCSB
Previous articlePresident Buhari Seeks Approval of 15 Special Advisers
Next articleJohn Abang Resumes as Anambra Police Commissioner
Prnigeria
Prnigeria
http://www.PRNigeria.com

RELATED ARTICLESMORE FROM AUTHOR

Nigerian Police Force

Police Nab Suspects Over Killing of Chinese National, Arrest 2 Others in Plateau

Nigerian Police Force

Lagos Police Arrest Suspected Armed Robber, Recover AK-49 Rifle

Kogi Confirms Arrest of Kidnappers’ Informants

Badaru and Matawalle

Buhari’s Patriotism Will Never Be Forgotten — Ministry of Defence

Police Officer

Enugu Police Raid Firearms Factory, Recover 10 Guns

Military Troops in Action

Troops Ambush Bandits, Eliminate 2, Recover Arms in Plateau

Kano Police Arrest 28 Suspects, Seize Dangerous Weapons

Kogi SEMA To Establish Emergency Operation Centre

Police Arrest 6 Suspected Armed Robbers in Benue, Recover Firearm, Motorcycle

Police Officer

Police Arrest Suspects for Human Trafficking, Rescue Victims in Anambra, Enugu, Edo

Police Raid IPOB/ESN Enclave, Arrest 6 Suspects in Enugu

NDLEA Logo

NDLEA Arrests Notorious Drug Kingpin, Uncovers Cocaine, Destroys Over 28,000kg Skunk in Edo Forest

LEAVE A REPLY Cancel reply

Log in to leave a comment

Recent Posts

  • Buhari Laid to Rest in Daura as Tinubu, Shettima, World Leaders Pay Final Respects
  • Police Nab Suspects Over Killing of Chinese National, Arrest 2 Others in Plateau
  • BREAKING: Nigeria Bids Farewell as Former President Muhammadu Buhari Laid to Rest in Daura
  • Lagos Police Arrest Suspected Armed Robber, Recover AK-49 Rifle
  • Beyond the Public Gaze: Gen Irabor’s Intimate Farewell to Buhari
  • Home
  • About
  • Adverts
  • Contact
© 2020 PRNigeria. All Rights Reserved.
Latest News
Buhari Laid to Rest in Daura as Tinubu, Shettima, World Leaders Pay Final RespectsPolice Nab Suspects Over Killing of Chinese National, Arrest 2 Others in PlateauBREAKING: Nigeria Bids Farewell as Former President Muhammadu Buhari Laid to Rest in DauraLagos Police Arrest Suspected Armed Robber, Recover AK-49 RifleBeyond the Public Gaze: Gen Irabor's Intimate Farewell to BuhariKogi Confirms Arrest of Kidnappers’ InformantsTinubu Receives Buhari’s Remains in Katsina Ahead of Burial in DauraAtiku, Osinbajo, Amaechi, Pantami, Others Storm Katsina for Buhari’s Final RitesJUST IN: VP Shettima Arrives Katsina With Late Ex-President Buhari’s BodyNigeria Engages US, UAE over New Visa Policies, Reaffirms Commitment to Diplomatic TiesFACT-CHECK: Was Sheikh Emami al-Hadi Arrested in Iran for Being a Mossad Spy?‎Saudi Arabia Mourns Buhari's Death, Condoles TinubuBuhari’s Patriotism Will Never Be Forgotten — Ministry of DefenceEnugu Police Raid Firearms Factory, Recover 10 GunsTroops Ambush Bandits, Eliminate 2, Recover Arms in Plateau
X whatsapp