The Abuja Federal High Court on Wednesday ordered the Nigerian Customs Service to pay N5 million to Chikaosolu Ojukwu as damages for violating her fundamental rights.
Mr. Ojukwu accused the customs service of illegally detaining him and seizing his personal belongings: four iPhone 13 Pro phones.
He said that upon his arrival at Murtala Mohammed International Airport in Lagos from the UK on February 20, 2022, Customs officers accosted him and confiscated his iPhone.
The service required the claimant to pay N404,417 in import duties on the four iPhones in his possession upon arrival at Lagos airport from the UK.
Subsequently, Mr. Ojukwu filed a lawsuit in the Federal High Court, urging Judge Ahmed Mohammed to declare the customs service’s action “illegal” and a serious violation of his fundamental rights.
Judgment
In making his judgment in the lawsuit, the judge held that Nigerians who have not been outside of Nigeria for at least nine months are not required by law to pay import duties on their personal effects that are not intended for sale, exchange or barter.
Mohammed said Ojukwu’s case was not contested and should be considered admissible as the customs affidavit amounted to hearsay evidence that had not been provided by a person who witnessed the transaction.
The court recognized that the plaintiff proved his case against the Nigerian Customs Service and his board who were the accused 1st and 2nd.
Mr. Ojukwu, through his lawyer, Segun Fiki, submitted documentary evidence, including the debit alert receipt and bank statements, to the court.
In its ruling, the court held that it was convinced that Mr. Ojukwu’s four iPhone 13 pro phones were personal effects that should be subject to import duties, as they are items not intended for sale, exchange, or trade. barter.
“I am of the firm opinion that the seized items are the plaintiff’s personal effects and are not for sale or barter and should not be taxed. I award the sum of N5 million against the first and second defendants,” the judge said.
Customs orders to return seized phones and money
The court further ordered the Nigerian Customs Service to release the four phones that were seized from Mr. Ojukwu and to refund N404,417 (four hundred and four thousand, four hundred and seventeen naira), which is import duty, value added (VAT). ) and other liens that were illegally collected from the plaintiff.
The court, however, exonerated the third defendant in the lawsuit, First Bank Plc, as not guilty of having been a mere tool through which the VAT was paid.
Background
The plaintiff, Mr. Ojukwu, in April 2022 sued the Nigerian Customs Service Board, the Nigerian Customs Service and First Bank Plc for violation of his fundamental rights.
Mr. Ojukwu’s lawyer, Segun Fiki, asked the court to declare that the client was not required to pay import duties, value added tax and other charges on his personal effects.
He based the claim on the provisions of Article 8 of the Customs Law, Special Tariffs, etc. (Consolidation) and paragraph 7 of the Second Schedule of the Law.
The plaintiff also asked for an order directing the defendants to reimburse the total sum of N404,417.00 (four hundred and four thousand, four hundred and seventeen naira) which is import duties, value added tax (VAT) and other levies. . which was illegally demanded and collected by the Nigerian Customs Service through a First Bank point of sale (POS) terminal upon arrival at Nnamdi Azikiwe International Airport, Abuja, on February 20, 2022.
He also asked the court to declare his detention by the Nigerian Customs Service, which prevented him from leaving the airport premises to take his medication until he paid import duties.
Mr. Ojukwu asked the court to declare his arrest and detention illegal and sought damages in the total amount of 160 million naira.
The defendants had asked the court in their defense to dismiss the lawsuit for lack of merit.
Ikechukwu Emeto, a lawyer for the customs service, argued that the plaintiff had not shown any cause of action against the defendants.