OBINNA NNOROM
The Federal High Court, Abuja, Wednesday ordered the Nigeria Customs Service (NCS) to pay N5 million compensation to one Kehinde Ogunwumiju as it declared unlawful, collection of import duty on goods and personal effects contained in the passenger’s baggage.
With this ruling, it is now unlawful for Customs officers to demand and collect import duty and other related charges on goods/personal effects found in a passenger’s baggage provided that the said good/personal effects are not meant for sale, barter or exchange.
The only condition for such payment is when the Customs officer can prove that the said goods/personal effects are meant for sale, barter or exchange.
Officials of the NCS had last year collected N156,955.20 from Ogunwumiju as the import duty on the Loius Vuitton Laptop bag found in his baggage while entering the country.
Justice J. T. Tsoho, gave the ruling on the suit FHC/ABJ/CS/ 1113/2019 between Kehinde Ogunwumiju and the Nigeria Customs Service (NCS) having discovered that the Loius Vuitton Laptop Bag found in the plaintiff’s bag by the Customs Officers was his personal effects and meant for his personal use.
Justice Tsoho who said it was unlawful for the NCS to collect import duty and other related charges on goods contained in a passenger’s baggage provided that the said goods are not intended for sale, barter or exchange also said that the defendant had to prove with cogent and credible evidence that the said bag was meant for sale, exchange or barter.
Ogunwumiju, through his counsel, Tunde Ahmed Adejumo, had sued the Customs for collecting from him, N156,955.20 and therefore sought a Court pronouncement that section 8 of the Customs, Excise Tariff, etc. (Consolidation) Acts and 2 Schedule to the Customs, Excise Tariff, etc. (Consolidation) Act was unlawful.
He complained that Customs officials collected import duty and other related charges on his personal effects (A Louis Vuitton Lap Top Bag) found in his baggage during a search by the officers of the Nigeria Customs Service upon his arrival at the Nnamdi Azikiwe International Airport Abuja on 24th of June, 2019.
“Therefore, having failed to prove that via evidence that the said bag found in the plaintiff’s baggage was meant for sale, exchange or barter, there was no legal justification upon which officers of the Nigeria Customs Service demanded and collected import duty or other related charges from the plaintiff in respect of the said bag’ said Tsoho in his ruling.
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