By Ono Yima
In a landmark ruling, the Court of Appeal in Kaduna has restricted the Nigeria Customs Service (NCS) from confiscating foreign rice from buyers on highways or in open markets, limiting its enforcement authority to Nigeria’s land borders.
Delivering the judgment on Wednesday, Justice Ntong Ntong, on behalf of the three-member appellate panel, declared such highway seizures unlawful. The ruling came after Customs filed an appeal against a Federal High Court decision that cleared businessman Suleiman Mohammed of charges related to the alleged importation of foreign goods.
The court ordered Customs to release 613 bags of foreign rice, 80 bags of millet worth approximately N200 million, and a truck seized from Mohammed on June 14, 2019, along the Kaduna-Zaria Expressway.
Justice Ntong emphasized that the Kaduna-Zaria Expressway does not constitute a land border and therefore lies outside Customs’ jurisdiction for enforcing importation bans.
“The Nigeria Customs Service has no right to patrol highways or expressways to arrest individuals and confiscate goods under the guise of importation bans,” the judge asserted.
The court determined that Mohammed was merely a purchaser of the rice and millet from the Central Market in Gusau, Zamfara State, supported by a receipt of purchase, and was not an importer. Justice Ntong highlighted that Customs should have pursued the actual importers of contraband goods rather than targeting buyers and consumers.
Citing an Annang idiom, Justice Ntong remarked, “It is illogical for a fowl to ignore its killer and chase the person de-feathering it.” The comment pointed to Customs’ misplaced focus on traders rather than addressing the root cause of smuggling through borders.
Additionally, the court criticized Customs for conducting “a shoddy investigation from the comfort of their office,” failing to identify or apprehend the real culprits behind the illegal importation.
The Court of Appeal ordered that if the confiscated goods and truck could not be returned, the Nigeria Customs Service Board must compensate Mohammed with the equivalent market value of the items.
In dismissing the appeal, Justice Ntong mandated immediate compliance with the court’s orders. This ruling reinforces the boundaries of Customs’ enforcement authority and underscores the need for proper investigations and accountability.
As Nigerians applaud this judgment, it is unlikely the case will echo the legendary courtroom battle between Rotimi Williams and Gani Fawehinmi, where justice prevailed against great odds.
However, it serves as a vital reminder of the limits of institutional power and the importance of protecting individual rights.