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Customs Corner

Innoson Case: Supreme Court Approves Customs Leave to Appeal Alleged N2b judgement Debts

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Innoson Case: Supreme Court Approves Customs Leave to Appeal Alleged N2b judgement Debts

Author: Gift Wada, Abuja

The Nigeria Customs Service Board’s application to challenge the February 6, 2014 judgment of the Court of Appeal that affirmed a N2,048,737,443.57 judgment debt in favour of Innoson Nigeria Limited, has been approved by the the Supreme Court.

Customs prayers was upheld by a five man panel of the court in a unanimous ruling. The prayers came through Customs counsel Tayo Oyetibo (SAN), by a Motion on Notice filed on November 9, 2020.

The court granted the applicant leave to appeal as an interested party against the judgment of the Court of Appeal, Ibadan Division, in appeal number CA/1/258/2011.
It extended the time within which Customs can appeal against the judgment and adduce new evidence.

The Supreme court held that the applicant shall file its Notice of Appeal within 30 days from January 14 when the verdict was delivered.

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The appeal arose from a May 18, 2010 judgment of the Federal High Court, Ibadan, in which N700,220,000 was awarded against the Customs Board and the Attorney General of the Federation (AGF) in favour of Innoson, with interest at the rate of 22 per cent per annum from the date of commencement of the action and 22 per cent per annum until the final liquidation of the judgment debt.
On January 12, 2011, Innoson wrote to the AGF, who directed that the entirety of the judgment sum, which at that time stood at over N1.8 billion, be paid Innoson.

The applicant (Customs) paid N700,220,000, to Innoson, leaving an outstanding of N1.6 billion.
Following an application by Innoson, the Federal High Court in Ibadan, on July 29, 2011, made a garnishee order absolute against three banks for N2,048,737,443.57.

The Court of Appeal affirmed the garnishee absolute and ordered that N2,048,737,443.67 be released from the Customs’ account in satisfaction of the judgment debt.

Meanwhile, Customs averred that Innoson failed to inform the Court of Appeal that based on negotiations between it, Innoson and the AGF, Customs remitted N700, 220,000.00 into Innoson’s account with Mainstreet Bank on 28th November 2011, before the Court of Appeal affirmed the order of the trial court.
It said Innoson, on March 27, 2019, caused to be issued out of the Federal High Court, Awka Division, a Writ FiFa, for the full sum of N2,048,737,443.67 and interest at the rate of 22 per cent per annum from July 29, 2011 (the date of the garnishee order absolute) till date.

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Customs Corner

Customs Again Visits Families of Rice Sale Stampede Victims

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Demonstrate Unwavering Support

Author: Lucy Nyambi.

The Nigeria Customs Service (NCS) has once again expressed compassion and empathy towards the families affected by the tragic stampede that occurred during the sale of 25kg bags of rice in Lagos on 23 February 2024.

A delegation sent by the Comptroller-General of Customs (CGC), Bashir Adeniyi, led by the Assistant Comptroller-General of Customs/Zonal Coordinator Zone “A,” Hammi Swomen, visited the family of the Late Comfort Ajayi on Tuesday, 30 April 2024, in Anthony, Lagos.

Stating the purpose of the visit, ACG Swomen said, “In line with the CGC’s directive, it is an ongoing interaction and support for the families, so even after today, we will continue to keep in touch with them and see the best ways going forward that we can support them in this difficult time.

“It just tells you that the service is responsive, we are caring, we are a responsible Nigerian Government Agency, and even though those events happened outside our premises, we are still touched by it and we will continue to see the best way going forward to support these families.”

Responding, the husband of the late Comfort Ajayi, Murphy Ajayi, appreciated the delegation for their visit, saying, “They have been trying in their effort to get in touch with us and check on us. I say a big thank you, though it has not been easy, but life continues.”

In the same vein, the team also reached out to the families of late Eugene Anyanwu and late Mercy Christopher, who were also victims of the unfortunate incident on Thursday, May 2, 2024.

Sarah Anyanwu, wife to late Eugene Anyanwu
commended the gesture by the Nigeria Customs Service. She prayed to God to enable customs to succeed in their endeavours.

Similarly, Christopher Onah, husband to late Mercy Christopher, also appreciated the service for remembering and commiserating with his family during this trying period.

Recall that the delegation earlier visited the family of the late Susan Odulaja in Jibowu, Lagos, on Friday, 26 April 2024.

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Customs Corner

Nigeria Customs Launches Advance Ruling System for Effective Trade Facilitation

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Author: Muhammad Bashir.

The Nigeria Customs Service (NCS) has, in conjunction with the Nigerian Energy Support Programme (NESP), launched an auspicious scheme aimed at enhancing trade facilitation and creating a more transparent business environment for the Service’s stakeholders in trade space, named Advance Ruling.

Speaking at the venue of launching the project on Thursday, 2nd May 2024, at Envoy Avenue in Abuja, Comptroller-General of Customs Bashir Adewale Adeniyi described ‘Advanced Ruling’ as a critical mechanism that allows traders to obtain binding decisions from Customs administrations on the classification, origin, and valuation of goods before importation.

Appreciating the stakeholders and partners for gracing the event, CGC Adeniyi emphasised that the launched project will also serve as a tool for reducing compliance costs and fostering a conducive business environment for traders.

He said, “Today, we shall be taking the first step towards launching the Nigeria Customs Service Advance Ruling, starting with stakeholder engagement.”

The CGC, who recognised the significance of the project, as it aligns with the World Customs Organization (WCO) and the World Trade Organization (WTO), also emphasised its relevance in facilitating both domestic and international trade while also promoting Customs compliance.

“According to the WCO and the WTO, Advanced Ruling enhances predictability and transparency in customs procedures, streamlining trade processes and minimising delays, uncertainties, and costs associated with Customs clearance.” CGC Adeniyi added.

Commending President Bola Ahmed Tinubu for laying the ground to enhance the economy of Nigeria and supporting the Service, CGC Adeniyi emphasised that the launch of Advanced Ruling at this time aligns with the policy directive of President Tinubu’s administration to facilitate trade for legitimate traders.

He highlighted, “This is reflected in the Policy Advisory Document of the government, which signifies recent achievements, such as the approval to decongest the ports and make them free and accessible for importers and operators.”

As the Comptroller-General of Customs championed the laying of a foundation for Advance Ruling to enhance trade in Nigeria, he revealed that the Service has made all arrangements to conduct workshops and sensitisation sessions at Customs Area Commands to ensure that all stakeholders are well-informed and prepared to utilise this new mechanism effectively.

He, however, applauded the German International Cooperation Agency (GIZ) and other partners for their unwavering partnership and continued support of achieving a significant milestone in trade facilitation activities under the Nigeria Energy Support Programme.

“It is essential to acknowledge that initiatives like Advanced Ruling necessitate investments in capacity building for both officers and stakeholders. We are committed to leveraging our internal capacity while exploring collaboration opportunities with external partners like GIZ.” He said.

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Customs Corner

CGC Adeniyi’s Impersonator Knows Fate on 3 July 2024, As Federal High Court Adjourns Hearing

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Author: Muhammad Bashir.

A Federal High Court sitting in the Central Business District of the Federal Capital Territory, Abuja, has conducted a hearing of one Ibrahim Shu’aibu, a 50-year-old man, for assuming the character of the Comptroller-General of Customs, Bashir Adewale Adeniyi, among other distinguished personalities in Nigeria, to commit fraudulent activities.

The Nigeria Customs Service had, on Monday, 29 January 2024, addressed the media about the suspect’s apprehension by the Service’s Police Unit following his involvement in fraudulent activities, which included luring numerous citizens to pay him money for the issuance of job appointment letters.

During the court hearing, the lead Counsel of the Nigeria Customs Service, Abidemi Adewumi-Aluko, said the accused was arraigned on a nine-count charge to which the defendant pleaded not guilty.

Justice Binta Nyako, the presiding judge, adjourned the hearing to Wednesday, 3 July 2024, and ordered that the accused be remanded with the Nigerian Correctional Service pending the fulfilment of bail requirements.

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