Automobile Dealers Association Threatens To Sue Nigerian Custom Service For Sealing Their Business Premises. – TheNigerialawyer

A group of Auto-mobile dealers in Lagos State have threatened to
drag the Nigerian Customs Service, NIS, to court over the unlawful
sealing of their business premises.

In a letter to the Comptroller General of Nigeria Customs
Service, through the law firm of Ubani & Co, the group
condemned the September 30, 2019 raid and sealing of their offices
by customs officers saying that the action of the Agency was a
demonstration of gross irresponsibility, unprecedented impunity and
abuse of power.

They maintained that all the cars in their business premises
were duly cleared and appropriate duties paid to the federal
government.

The group in the letter which was also forward to the Senate
President, Speaker of House of Representatives and Attorney General
of the Federation, also warned that if their business premises were
not opened in the next 14 days with a compensation of N10billion
for businesses loss during the period of closure, they would have
no other option but to approach the court for redress.

Part of the letter which also serves as a pre-action notice
reads:

“We must state here with all sense of responsibility and
patriotism that the action of Nigeria custom officers in this
regard is a demonstration of gross irresponsibility, unprecedented
impunity and abuse of power.

“Though the Nigerian Customs & Excise Management
Act gives you the power to examine, mark, seal and take
account of any goods …, In this case, you did not examine,
mark, seal and take account of the particular vehicles identified
as not being properly cleared, but rather sealed up the entire
premises without any form of examination or inspection
of papers.

” This very act of yours has no protection under the Act, but
smacks of impunity, illegality and flagrant abuse of executive
power.

“No law under our law books, including the Customs &
Excise Management Act, empowers you to take the
steps you have taken in the manner you have taken it.

“The action of the Nigerian Customs is not only lawless but very
oppressive. The moment when Nigerian Government
agencies elevate the pursuit of revenue above the right and
welfare of the citizens, Nigeria is doomed, but God
forbid that things degenerate to that level. 

“Take notice therefore that you have 14 days from the day
you receive this letter to unseal all our Client’s
members’ business premises to enable them carry out their
lawful businesses as Nigerian citizens. 

“Take further notice that you have a period of 30 days from
the date you receive this letter to pay a compensation of
N10Billion to our Clients for the severe
hardship, suffering, embarrassment, loss of
business, physical, mental and psychological torture and
trauma your arbitrary, lawless and inconsiderate action has caused
our clients and their families failing which our Client shall
be left with no other option than to seek redress through a
competent court of law.”