Auctioned Container: Court Dismisses Importer’s N12.5m Suit Against Customs
A Federal High Court, Lagos, has dismissed a suit filed by an importer, Johnleo Okpala, against the Nigerian Customs Service (NCS) and three other over seized and auctioned container, for lacking in merit.
Justice Akintayo Aluko who presided over the court dismissed the importer’s suit marked FHC/L/CS/158/2023, which also have the Area Comptroller Customs, Tincan Isaland Apapa, and one Mr. Magnus Chukwuemeka Obi as second and third respondents.
In the suit, the importer through his lawyer, Evarist Ezeoke, sought a total of N12.5 million as damages, against all the defendants.
The importer, had specifically prayed the court for the followings: “An order of the Court declaring the purported seizure and auction sale by Customs of the 1 X 20ft Container No. TEMU-3176724 as null and void, ultra vires, having been carried out and conducted by manipulations, irregularities and bad faith.
“Total value of the goods in the 1 X 20ft Container No. TEMU-3176724 containing hanger brackets and baby walkers standing at N12, 000, 000. 00 (Twelve Million Naira) only.
“Damages for loss of business capital, continuing loss of profits from February 2014 till date and psychological trauma at N10, 000, 000. 00 (Ten Million Naira).
“Interest on the judgment sum at 20% per annum from February 2014 till date and thereafter at 25% until final judgement. And cost of instituting the action at N500, 000. 00.”
He supported the motion on notice with a s 24-paragraph statement of claims, written address and some documentary exhibits.
However, the Nigerian Customs in a preliminary objection to the suit filed and moved by Mrs. Kehinde Bode-Ayeni, who urged the court to dismiss the suit for being ‘statue bar’.
In urging the court to dismiss the suit, Mrs. Bode-Ayeni told the court that the preliminary objection was pursuant to Order 26 Rules 1&2 (1) of the Federal High Court of Nigeria (Civil Procedure) Rules 2019, Section 2 (a) of the Public Officers Protection Act, 2004, and under the inherent jurisdiction of the honourable court.
Bode-Ayeni also moved the affidavit in support of the preliminary objection, as well, the written address.
She therefore urged the court to dismiss the suit as the Court lacks requisite jurisdiction to hear and determine such.
Deciding the suit, Justice Aluko, after reading through all the processes filed by the parties, in his wisdom, agreed with the Customs’ counsel submission.
The judge thereafter dismissed the importer’s suit for lacking in merit.