Court Orders Customs to Pay Lawyer N5m over Unlawful Detention

Alex Enumah in Abuja

Justice Ahmed Mohammed of the Abuja Division of the Federal High Court yesterday ordered the Nigeria Customs Service Board and the Nigeria Customs Service (NCS) to pay a constitutional lawyer, Chikaosolu Ojukwu, the sum N5 million as compensation for unlawfully detaining him, seizing his personal effects and violating his fundamental rights.

The act was said to have been perpetuated by men of the Customs service under the guise of collecting import duties and other levies for four iPhone 13 Pro phones the plaintiff brought into Nigeria from his overseas trip.

The court in faulting the action of the Customs, held that citizens who have not been outside Nigeria for at least nine months were not required by law to pay import duties on their personal effects not meant for sale, exchange or barter.

Delivering judgment, Justice Mohammed held that the plaintiff’s case was unchallenged and ought to be deemed admitted, as the affidavit evidence of the 1st and 2nd defendants amounted to hearsay evidence having not been given by a person who witnessed the transaction.

The Court acknowledged that the plaintiff proved his case against the 1st and 2nd defendants through the documentary evidence placed before the Court, such as the debit alert receipt and bank statements.

Consequently, the Court held that the Plaintiff had proved his case against the Nigeria Customs Service and therefore granted reliefs 1, 2, 3 ,4, 5 and 6 in the plaintiff’s originating summons.

The court also held that it was satisfied that Ojukwu’s four IPhone 13 pro phones were personal effects which were exempted from the payment of import duties, being items not meant for sale, exchange or barter.

Justice Mohammed opined that the Plaintiff and indeed every Nigeria are not liable to pay import duty, value added tax and other levies to the defendants in respect of such personal effects, in view of the provisions of Section 8 of the Customs, Excise Tariff, etc (Consolidation) Act and paragraph 7 of the Second Schedule to the Act and awarded damages against the 1st and 2nd Defendants for their actions.

 “I am of the firm view that the seized items are the personal effects of the plaintiff and not for sale and barter and ought not to be paid duty on. I award the sum N5million against the 1st and 2nd defendants”, the judge held.

The court further ordered the Nigeria Customs Service to release the four IPhone 13pro that were seized from Ojukwu and to refund the total sum of N404,417 (Four Hundred and Four Thousand, Four Hundred and Seventeen Naira) being the import duty, value added tax (VAT) and other levies which were unlawfully collected from the plaintiff.

It however, exonerated the 3rd defendant in the suit (Zenith Bank Plc) as not being culpable having been a mere tool through which the VAT was paid.

Ojukwu had in April 2022, dragged the Customs Service Board, the Nigeria Customs Service and First Bank before the Federal High Court Abuja.

In the suit filed on his behalf by Segun Fiki, Ojukwu had prayed the Court for a declaration that he was not liable to pay import duty, value added tax and other levies in respect of his personal effects in view of the provisions of section 8 of the Customs, Excise Tariff, etc. (Consolidation) Act and paragraph 7 of the Second Schedule to the Act, as well as a declaration that the Nigerian Customs Service is not entitled to impose and collect duty on his baggage and personal effects or that of any other Nigerian who has not been outside the jurisdiction of the Federal Republic of Nigeria for not less than nine months.

Ojukwu also prayed for an order directing the defendants to refund the total sum of N 404, 417. 00 (Four Hundred and Four Thousand, Four Hundred and Seventeen Naira) being the import duty, value added tax (VAT) and other levies which were unlawfully demanded and collected from him by the Nigerian Customs Service through a First Bank Point-of-Sale (POS) Terminal upon his arrival at the Nnamdi Azikiwe International Airport, Abuja on the 20th February, 2022.