By Steve Agbota
A legal practitioner, George Oyeniyi, has raised the alarm over alleged flouting of a judgment of the Federal High Court (FHC), Abeokuta, by the Nigeria Customs Service (NCS) over unlawful arrest of 24 tanker trucks with all the Premium Motor Spirit (PMS).
The lawyer, in a written petition to the Comptroller General of Customs Col. Hameed Ali (rtd), and a copy made available to Daily Sun alleged that the service auctioned 24 tanker trucks of his client despite a valid court judgment by Justice Shittu Abubarkar, delivered on August 9, 2022.
According to Oyeniyi, the Customs Service was ordered by the court to release all the said 24 Tanker Trucks with all the Premium Motor Spirit (PMS) contents unlawfully impounded and seized by the men and officers of the border drill operation unit sometime on November 10, 2019.
It was, however, gathered that the service already auctioned all the truck tankers as scrap and they were on the verge of being dismantled in Sagamu.
It read: “As Counsel to the Judgment Creditors in the above matter i.e. Suit No: FHC/AB/CS/8/2020 between: Olamitide International Limited & 7 others V. Nigeria Customs Service Board and another already concluded before my lord Justice M. Shittu Abubakar sitting at the Federal High Court No.1, Abeokuta, Ogun State. Our attention has been drawn to the purported sale and or auctioned of our clients’ 24 tanker trucks to wit – the 24 tanker trucks, which formed the subject-matter of Suit No: FHC/AB/CS/8/2020 between: Olamitide International Limited and 7 others V. Nigeria Customs Service Board and another.
“The court of the Federal High Court delivered its final judgment on the August 9, 2022 wherein the same ordered the release of all the said 24 tanker trucks vehicles with all the petroleum (PMS) contents unlawfully impounded and seized by the men and officers of the Nigeria Customs Service (Border Drill operation Unit) sometime on November 10, 2019.”
“It will interest you to note that while the case was pending before the court there was an interlocutory injunction granted in favour of the plaintiffs, in the court ruling delivered on 16, 2020 wherein the Nigeria Customs Service and its agents and privies were specifically restrained form selling and or auctioning any of the tanker trucks the subject-matter of the suit.
“Moreover, the same court delivered its final judgment on August 9, 2022 in favour of the plaintiffs / judgment creditors wherein the court held inter-alia that the Nigeria Customs Service (through its agents and officers Border Drill) acted ultra vire its circular issued on November 6, 2019.”
He, however, disclosed that the petition written was for the Customs CG to order an investigation into the purported sale of the trucks before initiating contempt proceeding against the service.
“In view of the foregoing, we hereby forward our petition to your respected offices to urgently investigate the above complaint and accordingly ensure that the order of court is respected and obeyed to the letter. In the unlikely event that no positive action is taken to urgently address our complaint we shall not hesitate to commence a contempt proceedings (among other things, which may include calling a world press-conference to ventilate our complaint) against the head of your respected offices, in order to protect the sanctity of the court and the constitution of the Federal Republic of Nigeria 1999 (As amended) which is the grundnorm of all actions,” he added.