By Okey IROEGBU
Barrister (Dr.) Monday Ubani made another loud statement in his legal profession recently. Trending on maritime sector is the 2019 case on the raid at the Auto mart of members of the Registered Trustees of Auto-Mobile Dealers Friends Association by the Nigeria Customs Service. delivering judgment on the case, Justice A. O. Awogboro of a Federal High Court, Lagos, held that the sealing up of the car marts of members of the Auto-Mobile Dealers Association by the Nigerian Customs Service is unlawful and arbitrary, as there was no justification for the act.This media gathered that on September 30, 2019, some officers of the NCS invaded and sealed several car shops all over the country, claiming the cars were either smuggled or under-assessed during clearance at the ports.The Associatin in Lagos briefed the law firm of human rights lawyer, Dr. Monday Ubani to seek legal redress on their behalf over Customs’ alleged harassment, illegality and extortion.In a letter to the NCS Comptroller General, the car dealers through Ubani & Co. law firm condemned the September 30, 2019 raid and sealing of their shops by customs’ operatives, describing the action as a "demonstration of gross irresponsibility, unprecedented impunity and abuse of power".In their suit marked FHC/L/CS/665/2021, the plaintiffs asked the court to determine whether the defendants had any power, authority, or justification to invade and seal their members’ business premises, on the grounds that vehicles in their shops were smuggled.The dealers in a pre-action notice stated, "We must state here with all sense of responsibility and patriotism that the action of Nigeria Custom officers in this regard is a demonstration of gross irresponsibility, unprecedented impunity and abuse of power."Though the Nigeria Customs and Excise Management Act gives you the power to examine, mark, seal and take account of any goods contravening your regulations.“In this case, you did not examine, mark, seal, and take account of the particular vehicles identified as not being properly cleared, but rather sealed up the entire premises without any form of examination or inspection of papers."This very act of yours has no protection under the Act, but smacks of impunity, illegality and flagrant abuse of executive power."The moment when Nigerian government agencies elevate the pursuit of revenue above the rights and welfare of the citizens, Nigeria is doomed.“Take notice therefore that you have 14 days from the day you receive this letter to unseal all our client's members' business premises to enable them to carry out their lawful businesses as Nigerian citizens."Take further notice that you have a period of 30 days from the date you receive this letter to pay a compensation of N10 billion to our clients for the severe hardship, suffering, embarrassment, loss of business, physical, mental and psychological torture and trauma your arbitrary, lawless and inconsiderate action has caused our clients and their families, failing which our client shall be left with no other option than to seek redress through a competent court of law."The law firm also forwarded copies of the letter to the Senate President, the Speaker of the House of Representatives, the Attorney General of the Federation and the Minister of Justice.As a result of this, delivering judgment 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 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 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.Also on the judgment which took place on December 27, 2023, the Judge ordered the Customs to immediately unseal the plaintiffs’ business premises and pay them N500m (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.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.
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