Man Defeats Nigerian Customs Service, As Court Slams NCS To Pay Him N5 Million

The Nigerian Customs Service has been fined N5 million, as exemplary damages to one Tunde Ahmed Adejumo, after he was made to paid for import duties on personal baggage.

A Federal High Court sitting in Abuja Judicial Division has barred the NCS from demanding or receiving import duties on personal effects and baggage.

Stressing that before the duties received on items are to be considered legal, the officers of the Nigerian Customs Service must have confirmed that the items are strictly for exchange or business.

Brandnewsday reports that the Nigerian Customs was fined N5 million exemplary damages for receiving import duties on personal Louis Vuitton Laptop Bag.

The Federal High Court delivered the ruling during the judgment in Kehinde Ogunwumiju, SAN v. Nigerian Customs Service Board & Anor: Suit No: FHC/ABJ/CS/1113/2019.

What Happened between the Nigerian Customs Service V Plaintiff

As reported by the plaintiff’s lawyer, Kehinde Ogunwumiju, SAN, he had opened the case for his counsel Tunde Ahmed Adejumo, Esq after his encounter in June 2019 with the NCS.

Following a search upon Adejumo’s arrival, the officers of the Nigerian Customs Service had found a Louis Vuitton Laptop Bag in his baggage, at the Nnamdi Azikwe International Airport, Abuja on the 24th of June, 2019.

The officers went ahead to impose customs duty and charges for the laptop bag, a sum of N156, 955.20k (One Hundred and Fifty-Six Thousand, Nine Hundred and Fifty-Five Naira, Twenty Kobo only), despite the plaintiff plea that the item was not for sale or barter but for personal use.

In his prayers to the court through his counsel, he asked that their actions be declared illegal according to the provisions of Section 8 of the Customs, Excise Tariff, etc. (Consolidation) Act and the 2nd Schedule to the Nigerian Customs, Excise Tariff, etc.(Consolidation) Act.

The Federal High Court ruling

After a thorough examination of details from both counsels by the court, the High Court, therefore, declared the act of the Nigeria Customs as illegal.

The report of the court judgment reads: “The following goods are exempted from import duty and other related charges; goods contained in a passenger’s baggage provided that the said goods are not intended for sale, barter or exchange; and personal and household effects”.

However, the Court found the decision and action of the Defendants null and void and ordered them to pay to the Plaintiff the sum of N5,000,000 (N5 million) as exemplary damages, and also make a refund of the charges collected to the Plaintiff. The Nigerian Customs will, therefore, refund N5,156, 955.20 (Five Million, One Hundred and Fifty-Six Thousand, Nine Hundred and Fifty-Five Naira, Twenty Kobo only).