The Court of Appeal in Kaduna has ruled that the Nigeria Customs Service (NCS) has no authority to patrol highways or confiscate goods purchased in open markets. This judgment was delivered by a three-member panel led by Justice Ntong Ntong in an appeal filed by the NCS against a previous Federal High Court decision.
The case involved Suleiman Mohammed, a 37-year-old businessman, who had been arrested by customs officials on the Kaduna-Zaria Expressway in 2019. Mohammed’s truck, along with 613 bags of foreign rice and 80 bags of millet worth approximately N200 million, was seized by the NCS.
In their ruling, the Court of Appeal declared that highways like the Kaduna-Zaria Expressway do not qualify as “land borders,” where the NCS has jurisdiction to enforce the ban on the importation of foreign goods.
Justice Ntong stated, “The Nigeria Customs Service has no right to patrol highways or confiscate goods on them. Their mandate is restricted to land borders, not internal roads.” He further explained that Mohammed was not an importer but a purchaser of the goods from Gusau Central Market in Zamfara State, with proof of purchase.
The court criticized the NCS for targeting local buyers and petty traders instead of apprehending actual importers. Justice Ntong used a local Annang idiom to illustrate his point: “The fowl should pursue the person who killed it, not the one de-feathering it.”
The court also condemned the NCS for conducting what it called a “shoddy investigation” and operating outside its jurisdiction.
The Appeal Court upheld the Federal High Court’s decision to release the seized goods and vehicle. If the goods cannot be returned, the NCS must compensate Mohammed with the equivalent value at current market prices.
The judgment concluded with a stern directive for the NCS to comply immediately with the court’s orders.
This ruling is seen as a significant development in clarifying the boundaries of the Nigeria Customs Service’s authority, particularly concerning activities beyond land borders. It also highlights the need for fairness and adherence to due process in enforcing customs regulations.
