Ogun court orders customs CG to comply with seized trucks judgement

A Federal High Court in Abeokuta, Ogun State, has ordered the Comptroller-General of the Nigeria Customs Service (NCS) to immediately comply with a court order compelling it to release 9 trucks impounded from petroleum product marketers by June 19.

The trucks were among the 24 illegally impounded tankers by the service since 2019. According to the NCS, 15 of the trucks were auctioned, while others were at the Nigeria Customs Service’s Idiroko Border Post.

The plaintiffs, Olamitide International Limited, TONIFANS Nigeria Limited, Olafems Oil and Gas Limited, Joffy A.A Petroleum Limited, Wahabisco Oil Petroleum Limited, Vicket Petroleum Limited, Mikenid Petroleum Nigeria Limited, and Registered Trustees of Ipokia/Idiroko Petroleum Marketers Association of Nigeria, took the NCS to court over the illegal seizure and confiscation of 24 petroleum tankers in 2019.

The court, presided over by Justice A.A Demi-Ajayi, had on May 15, 2023, ordered the NCS to release the impounded tankers as pronounced by the court on August 9, 2022, in the case with suit number FHC/AB/CS/8/2020 on or before the next adjournment date of June 5, or risk the conclusion of proceeding of committal of the Contempt of Court against the Comptroller-General of the Nigeria Customs Service, Col. Hameed Ali (rtd) as instituted by counsel to the plaintiffs.

When the case resumed on Monday, Justice Ajayi bemoaned the NCS’s failure to comply with the court’s decision, noting that she expected the trucks to be returned to their owners.

The justice declared that the court’s order must be followed without regard for bureaucratic approval.

She stated that she would not hesitate to grant the plaintiffs’ counsel’s application for a committal of contempt of court proceeding against the Comptroller-General of the Nigeria Customs Service.

However, Justice Ajayi postponed the case until June 19, 2023, in order to comply with the court order.

Earlier in his submission, Smart Akande, the NCS’s Legal Adviser, pleaded with the court to allow the service to secure approval for compliance with the court judgment.

He informed the court that the NCS headquarters met with the plaintiffs’ counsel to discuss the procedure for releasing the trucks and agreeing on the terms of the settlement.

However, Akande assured the court that the 9 trucks would be returned to the owners by the next adjournment date.

In an interview following the hearing, the plaintiffs’ counsel, George Oyeniyi, expressed satisfaction with the NCS’s agreement to release the 9 trucks.

Oyeniyi, who explained that the application for the committal of Violation of Court Order was still pending in case the Nigeria Customs Service failed to deliver on its promise to release the trucks, stated that an agreement on terms of the settlement, including compensation for the 15 auctioned trucks and the value of the contents of all 24 trucks, will be reached between the judgment debtors and creditors. Governments must collaborate with industry to resolve this situation so that airlines can continue to provide critical connectivity for driving economic activity and job creation.”

In light of this, IATA has urged governments to ensure compliance with international treaties and agreements that allow airlines to repatriate funds earned from the sale of tickets, cargo space, and other activities. Failure to do so may jeopardize the aviation industry’s stability, profitability, and continuity.

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“Airlines cannot continue to provide services in markets where they are unable to repatriate revenues generated by their commercial activities.” “Governments must collaborate with industry to resolve this situation so that airlines can continue to provide the connectivity that is critical to driving economic activity and job creation,” said Willie Walsh, director general of IATA.

“IATA urged governments to follow international agreements and treaty obligations in order for airlines to repatriate funds earned from ticket sales, cargo space, and other activities.”