Court Orders Customs To Release Traders’ Trucks, Consignment

A Federal High Court, sitting in Abeokuta Ogun State has vacated an ex-parte order granted the Nigeria Customs Service (NCS) forfeiting five trucks loaded with palm kernel cake to the federal government, saying the trucks and items should be returned to its owners with immediate effect.

The trucks belong to Beninoise traders who came to purchase palm kernel cake in Nigeria in 2019 but were intercepted and seized by the Ogun State Command of the Nigeria Customs Service.

In a ruling delivered by Justice O. Oguntoyinbo in suit number FHC/AB/CS/58/2020 between Yoyo Olowokere Limited; Mensah Sewlannou J Josephat Joel; Akodegbe Basile; Koudjo Segbenon and Ayivodji Sourou Pascal against the NCS, the applicants’ counsel, George Oyeniyi based the Application on the grounds that the earlier order was obtained by misrepresentation and concealment of relevant facts.

The FHC judge, however, ordered the Ogun 1 Custom Command, Idiroko, Ogun State to release the vehicles in its custody to the applicants and if the vehicles have been auctioned or sold, the respondent shall pay the full monetary value to the applicants within 30 days.

The trucks include Berliet and Renault trailer trucks.

Justice Oguntoyinbo in his ruling noted that “upon this motion on notice dated December 2, 2020 and filed on December 11, 2020 coming up before this Honourable Court today January 18, 2022 for a ruling.

“The court granted the reliefs sought as contained on the face of the motion papers by the applicants, it is hereby ordered that the applicants’ vehicles listed as items 148, 366, 367, 368 and 369 are hereby excluded from the list of the condemned items covered by the ex-parte Order of June 25, 2020.

“That the vehicles are hereby released from the Custody of the Ogun Custom Command Idiroko, Ogun State to the applicants forthwith.”