In a landmark ruling, the Court of Appeal in Kaduna has declared that the Nigeria Customs Service (NCS) has no legal authority to patrol highways or seize goods, such as foreign rice, from market buyers. The judgment restricts the Customs Service’s enforcement powers to land borders, where it is legally allowed to act.
The decision came on Wednesday, following an appeal by the Nigeria Customs Service against a Federal High Court ruling. The court had previously acquitted Suleiman Mohammed, a businessman, of charges relating to the importation of foreign goods. Mohammed had been arrested and his goods seized on June 14, 2019, along the Kaduna-Zaria Expressway.
Justice Ntong Ntong, delivering the judgment on behalf of a three-member panel, emphatically declared the actions of the Customs Service as unlawful. He explained that the seizure of foreign rice on highways was beyond the scope of Customs’ legal authority.
“This court has reviewed the facts thoroughly, and we find no basis for the Customs Service to be patrolling highways and seizing goods that have already been purchased in markets,” Justice Ntong stated.
The Appeal Court’s ruling ordered the immediate release of 613 bags of foreign rice, 80 bags of millet, and a truck worth approximately N200 million, which had been impounded from Mohammed. The court noted that the goods were seized from Mohammed, who had bought them in the Central Market in Gusau, Zamfara State, and was not involved in any importation activities.
In his ruling, Justice Ntong explained that the Kaduna-Zaria Expressway, where the goods were seized, did not qualify as a land border under the law. Customs authorities, he said, should focus their enforcement efforts on land borders rather than targeting market buyers on highways.
“The Kaduna-Zaria Expressway is not a land border,” Justice Ntong stressed. “It is therefore outside the jurisdiction of the Nigeria Customs Service to patrol this route for the purpose of enforcing importation bans.”
The judgment came as a sharp rebuke to the Nigeria Customs Service, which had argued that it was within its rights to seize the goods. The court, however, was unimpressed with their actions and concluded that the Customs Service had conducted a “shoddy investigation” while working from the “comfort of their office.”
Justice Ntong also offered a colourful analogy, saying, “It is illogical for a fowl to ignore its killer and chase the person de-feathering it,” in reference to the Customs Service’s focus on petty traders instead of the actual culprits—the importers.
In dismissing the Customs Service’s appeal, the court directed the agency to immediately release the seized goods to Mohammed, stating that it was clear from the evidence that he was a legitimate market buyer, not an importer.
The court also ordered that if the goods could not be returned in their original form, the Nigeria Customs Service Board must compensate Mohammed for the value of the rice, millet, and truck based on the current market prices.
This judgment has significant implications for the future actions of the Nigeria Customs Service. It sets a clear precedent that Customs cannot arbitrarily patrol highways or seize goods from consumers in markets. The ruling also stresses the importance of focusing Customs enforcement on land borders, which remain the legal jurisdiction for controlling imports into the country.
For many market traders and consumers across Nigeria, this ruling comes as a major relief. Over the years, Customs has been heavily involved in the confiscation of foreign rice and other contraband items from markets and highways, often causing financial losses for small business owners and consumers.
This decision is expected to encourage the Nigeria Customs Service to review its strategies and shift its focus back to its original mandate—patrolling land borders to prevent the illegal importation of goods.
The court’s ruling also underscores the need for a more thorough and transparent investigation process by the Customs Service. By relying on more diligent and evidence-based practices, Customs can ensure that its actions are legally justified and do not unjustly penalise ordinary Nigerians.
The ruling is seen as a victory for fairness and transparency in the country’s legal and economic systems. It challenges the Customs Service to act within its legal boundaries and protect the interests of Nigerian consumers rather than penalising them for activities beyond their control.
The Nigeria Customs Service has yet to release an official statement regarding the ruling, but this judgment is expected to trigger widespread discussions about the role of Customs and other enforcement agencies in Nigeria.
As this case settles, there is hope among Nigerians that the legal system will continue to protect citizens from overreach by enforcement agencies. The Court of Appeal’s decision is a clear reminder that the rule of law must guide the actions of every agency in the country, and any attempt to act outside the law will be met with serious consequences.
This ruling is likely to have broader implications for other cases involving the Nigeria Customs Service and its enforcement powers. With this decision, market traders and ordinary Nigerians now have a stronger legal footing to challenge arbitrary actions by Customs officers.
It also raises important questions about the adequacy of the current systems in place to prevent illegal imports and protect Nigerian businesses from the damaging effects of smuggling.
Many Nigerians are watching closely to see if this ruling will lead to broader reforms in Customs operations and whether it will have a lasting impact on the way goods are monitored and controlled at the country’s borders.
