A constitutional lawyer, Chikaosolu Ojukwu has dragged the Board of the Nigerian Customs Service (NCS) and the Service before a Federal High in Abuja, demanding the payment of N160 million as damages over his unlawful detention and extortion by men of the service.
Ojukwu, through his Counsel, Segun Fiki is also asking the court to determine whether he is liable to pay import duty, Value Added Tax (VAT) and other levies to the defendants in respect of his personal effects.
“Whether or not in view of Section 8 of the Customs, Excise Tariff, etc (Consolidation) Act and paragraph 7 of the Second Schedule to the Custom, Excise Tariff, etc (Consolidation) Act, the defendants are entitled to impose and collect duty on the baggage and personal effects of the plaintiff and indeed any other Nigerian who has not been outside the jurisdiction of the Federal Republic of Nigeria for not less than 9 months.
“Whether or not the detention of the plaintiff by restraining him from leaving the airport premises to take his medications until he pays the import duty, VAT and other levies of 4 pieces of iPhone 13 Pro is unlawful and whether or not the detention of the 4 pieces iPhone 13 Pro by the defendants after the payment of the import duty, VAT and other levies is unlawful and violates the plaintiff’s right to property as guaranteed under the African Charter of Human and Peoples Rights.”
The lawyer is also asking the Court to declare that his unlawful detention by restraining him from leaving the airport premises to take his medications until he pays the import duty, VAT and other levies on the 4 pieces of iPhone 13 Pro amounts to unlawful arrest and detention.
He also sought an order of the court directing the defendants to refund the total sum of N404,417 being the import duty, VAT and other levies which were unlawfully demanded and collected from him by the defendants upon his arrival at the Nnamdi Azikiwe International Airport, Abuja on the 20th February 2023.
Oludare Jesdudamilola, a litigation Secretary in the Law firm of Ojukwu Chikaosolu averred in an affidavit in support of the originating summons that, the plaintiff travelled to Paris on February 12 2022 from the Lagos Airport aboard Lufthansa Airline and proceeded to the United Kingdom on February 14th for a business meeting.
“That while in the United Kingdom, he purchased 4 iPhone 13 Pro phones for his personal use and a birthday gift for his cousin. That he returned to Nigeria on the 20th of February 2022 onboard Lufthansa Airline landing at the Airport Abuja Airport and upon his arrival at the Abuja Airport, he was rudely accosted by persons dressed in traditional attire without bearing any official identity.
“That he initially thought that these Persons were officials of the State Security Service in plain clothes, only to discover upon further interaction with them that they were in fact officers of Nigerian Customs Service.”
She said the officers ordered his baggage to be taken to a certain room where several operatives including those of the NDLEA and other agencies started touching and tampering with his bags.
“That these officers, as well as those of the 1st and 2nd defendants (1st defendant Nigerian Customs Service Board and 2nd defendant Nigerian Customs Service), started harassing him as well as making several derogatory statements against his person.
“That the said Customs officers searched his luggage and in the process found and seized that said four iPhone 13 Pro which they unilaterally valued at N1,961,760.
“That the said Customs officers demanded that the plaintiff pay N404,417.00 in respect of the said phones.
“That he informed the said officers that considering the fact that the phones were for his personal use and not for sale, exchange or barter, he was not obligated to pay import duty or any other levies on them,” she averred and added that he informed the officers that he needed to take his medications and he would return after doing so, but they refused and restrained him from doing so.
“That despite the foregoing the officers insisted and compelled him to pay the amount imposed on the items which he promptly did use his ATM Card vide a First Bank P.O.S Terminal handed over to him at the Customs Desk by the officers. The plaintiff’s account was thereafter successfully debited with the sum of N404,417.00 in favour of your Nigerian Customs Service from an account domiciled in Zenith Bank PLC.
“That despite having made the aforementioned payment the officers of the Nigerian Customs Service refused to release the seized items to him and stubbornly prevented him from leaving the area, on the grounds that they have not seen the payment alert.
“That it took the intervention of well-meaning and influential Nigerians including the Deputy Senate President before he was allowed to get water to take his drugs” and contended that the actions of the defendants are unjustified, oppressive, malicious and actuated by bad faith and malice and urged the court to grant his reliefs.
The defendants had in the defence asked the court to dismiss the suit in its entirety and the trial Judge,
Justice Ahmad Mohammed after allowing Counsel in the suit, Segun Fiki for the plaintiff, Ikechukwu Emeto for the 1st and 2nd defendants and Emmanuel Obeta for the 3rd defendant (First Bank PLC) adopt their written addresses fixed July 5 for judgment in the matter.
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