…As Court Awards Him N 5 Million
A Federal High Court in Abuja on Wednesday ordered the Nigerian Customs Service Board and the Nigerian Customs Service to pay Constitutional Lawyer Chikaosolu Ojukwu the sum of Five Million Naira as damages over the unlawful detention, seizure of his personal effects and the violation of his fundamental rights by the men of the Customs service under the guise of collecting import duties and other levies for his four iPhone 13 Pro phones.
The Court in a landmark judgement also held that Nigerians who have not been outside Nigeria for at least nine months are not required by law to pay import duties on their personal effects not meant for sale, exchange or barter.
In his Judgment, Justice Ahmad Mohammed held that the plaintiff’s case was unchallenged and ought to be deemed admitted, as the affidavit evidence of the 1st and 2nd defendants amounted to hearsay evidence having not been given by a person who witnessed the transaction.
The Court acknowledged that the plaintiff proved his case against the 1st and 2nd defendants through the documentary evidence placed before the Court, such as the debit alert receipt and bank statements.
Consequently, the Court held that the Plaintiff had proved his case against the Nigerian Customs Service and therefore granted reliefs 1, 2, 3 ,4, 5 and 6 in the plaintiff’s originating summons.
Importantly, the Court also held that it is satisfied that Ojukwu’s four IPhone 13 pro phones are personal effects which are exempted from the payment of import duties, being items not meant for sale, exchange or barter.
Justice Mohammed opined that the Plaintiff and indeed every Nigeria is not liable to pay import duty, value added tax and other levies to the defendants in respect of such personal effects, in view of the provisions of Section 8 of the Customs, Excise Tariff, etc (Consolidation) Act and paragraph 7 of the Second Schedule to the Act and awarded damages against the 1st and 2nd Defendants for their actions.
According to Justice Mohammed, “I am of the firm view that the seized items are the personal effects of the plaintiff and not for sale and barter and ought not to be paid duty on. I award the sum N5million against the 1st and 2nd defendants.”
The court further ordered the Nigerian Customs Service to release the four IPhone 13pro that were seized from Ojukwu and to refund the total sum of N404,417 (Four Hundred and Four Thousand, Four Hundred and Seventeen Naira) being the import duty, value added tax (VAT) and other levies which were unlawfully collected from the plaintiff.
The Court however, exonerated the 3rd defendant in the suit (First Bank PLC) as not being culpable having been a mere tool through which the VAT was paid.
Reacting to the Judgment Ojukwu commended the judge for his sound and courageous judgment noting that “during the pendency of this suit I have been harassed and intimidated all in the bid to make me drop the suit but I remained undaunted and committed in my quest for Justice. The suit is not aimed at anybody but geared towards the respect for the fundamental human rights of all Nigerians.”
It will be recalled that Ojukwu had in April 2022 dragged the Nigerian Customs Service Board, the Nigerian Customs Service and First Bank PLC before the Federal High Court Abuja. In the suit filed on his behalf by Segun Fiki, Ojukwu prayed the Court for a declaration that he is not liable to pay import duty, value added tax and other levies in respect of his personal effects in view of the provisions of section 8 of the Customs, Excise Tariff, etc. (Consolidation) Act and paragraph 7 of the Second Schedule to the Act, as well as a declaration that the Nigerian Customs Service is not entitled to impose and collect duty on his baggage and personal effects or that of any other Nigerian who has not been outside the jurisdiction of the Federal Republic of Nigeria for not less than 9 months.
Ojukwu also prayed for an order directing the defendants to refund the total sum of N 404, 417. 00 (Four Hundred and Four Thousand, Four Hundred and Seventeen Naira) being the import duty, value added tax (VAT) and other levies which were unlawfully demanded and collected from him by the Nigerian Customs Service through a First Bank Point-of-Sale (POS) Terminal upon his arrival at the Nnamdi Azikiwe International Airport, Abuja on the 20th February, 2022.
He also asked the Court to declare that his detention by the Nigerian Customs Service who restrained him from leaving the airport premises to take his medications until he pays the import duty, value added tax and other levies on the 4 pieces of iPhone 13 Pro, amounts to unlawful arrest and detention and sought damages in the total sum of N 160 million.
The defendants had in their defense asked the court to dismiss the suit in its entirety.
The court presided over by Justice Mohammed had 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 the written addresses subsequently fixed a date for judgment.
