Justice A. O. Awogboro of a Federal High Court, Lagos, has held that the sealing up of the car marts of members of Registered Trustees of Auto-Mobile Dealers Friends Association by the Nigerian Customs Service is unlawful and arbitrary, as there was no justification for the act.
The court also held that the argument that some members of the association have complied by undertaking to make the additional payment as a result of which their car marts were unsealed is not tenable and does not in any way support or justify the arbitrary action of the Nigerian Customs Service as those members did not agree to do so willingly but out of coercion and duress, so that they could be able to carry on with their business. As a result, the court granted the major reliefs sought by the plaintiff and gave some orders; it gave an order mandatory injunction directing the Nigerian Customs Service, to, with immediate effect, unseal the business premises of all members of the Registered Trustees of Auto-Mobile Dealers Friends Association which was unlawfully and arbitrarily sealed off by its officials on September 30, 2019. It also gave an order of perpetual injunction restraining the Nigerian Customs Service from further invading and sealing the business premises of members of the Registered Trustees of Auto-Mobile Dealers Friends Association on the ground that the vehicles in their car shops which had earlier been inspected, assessed and cleared at the port by officers of the Customs were not properly inspected, assessed and cleared.
The court further gave an order, directing the Nigerian Customs Service to pay to the Registered Trustees of Auto-Mobile Dealers Friends Association the sum of N500,000,000. 00 (Five Hundred Million Naira) as general and aggravated damages for the arbitrary and unlawful invasion and sealing off of their members business premises since September 30, 2019 and for the huge economic loss and depreciation in business fortunes of members on account of the unlawful sealing off of their business premises since 2019. It also ordered that interest on the judgment sum at the prevailing monetary policy rate (Central Bank of Nigeria Rate) from the date of judgment until judgment sum is fully liquidated.
In September 2019, some officers of the Nigerian Custom Service invaded and sealed several car shops all over the country citing the reason that those cars were either smuggled or under- assessed during clearance at the ports. The Registered Trustees of Auto Dealers in Lagos felt that they have had enough of Custom’s harassment, illegality, extortion, and therefore briefed the law firm of Dr Monday Ubani to seek legal redress on their behalf. They had written a letter to the Comptroller General of Nigeria Customs Service through the law firm of Ubani & Co, condemning the September 30, 2019 raid and sealing of their shops by Custom operatives, describing the action as “ demonstration of gross irresponsibility, unprecedented impunity and abuse of power” The dealers claimed that all the cars in their business premises were duly cleared and with appropriate duties paid.
The law firm also forwarded copies of the letter to the Senate President, Speaker, House of Representatives and the Attorney General of the Federation. When the warnings and requests were flagrantly ignored, the law firm instituted an action at the Federal High Court, Lagos, against the Nigerian Customs Service Board, Chairman, Nigerian Customs Service Board and the Comptroller General Nigerian Customs in a suit delineated FHC/L/CS/665/2021. .
From: tribuneonlineng
URL: https://tribuneonlineng.com/2019-car-mart-raid-ubani-secures-against-customs/
