A Federal High Court sitting in Abeokuta, Ogun state, has once again ordered the Comptroller-General of the Nigeria Customs Service (NCS), to immediately comply with the court judgement compelling it to release 9 trucks impounded from petroleum products marketers on or before June 19.
The trucks were part of the 24 tankers illegally impounded by the service since 2019. 15 of the trucks according to the NCS had been auctioned, while others were at the Idiroko Border Post of the Nigeria Customs Service.
The plaintiffs – Olamitide International Limited; TONIFANS Nigeria Limited;Olafems Oil and Gas Limited; Joffy A.A Petroleum Limited; Wahabisco Oil Petroleum Limited; Vicket Petroleum Limited; Mikenid Petroleum Nigeria Limited and Registered Trustees of Ipokia/Idiroko Petroleum Marketers Association of Nigeria, had dragged the NCS before the Federal High Court over illegal seizures and confiscation of 24 petroleum tankers in 2019.
The court, presided over by Justice A.A Demi-Ajayi, had on May 15, 2023, ordered the NCS to release the impounded tankers as pronounced by the court on August 9, 2022, in the case with suit number FHC/AB/CS/8/2020 on or before the next adjournment date of June 5, or risk the conclusion of proceeding of committal of the Contempt of Court against the Comptroller-General of the Nigeria Customs Service, Col. Hameed Ali (rtd) as instituted by counsel to the plaintiffs.
Resuming proceeding on the case on Monday, Justice Ajayi, bemoaned the non compliance of the court judgement by the NCS, noting she expected the trucks to have been released to the owners.
The justice declared that the order of the court must be obeyed without being subjected to bureaucratic approval.
She submitted that she would no longer hesitate to grant the application of committal of Contempt of Court proceeding by the counsel to the plaintiffs, against the Comptroller -General of the Nigeria Customs Service.
Justice Ajayi, however, adjourned the case for the compliance of the court order, to June 19, 2023.
Earlier in his submission, the Legal Adviser of the NCS, Smart Akande, pleaded with the court to allow the service to secure the approval for the compliance with the court judgment.
He informed the court that the headquarters of the NCS had a meeting with plaintiffs’ counsel on the procedure to release the trucks and agree on the terms of settlement of the matter.
Akande, however, assured the court that the 9 trucks would be released to the owners on or before the next adjournment date.
The counsel to the plaintiffs, George Oyeniyi, in an interview after the hearing, expressed satisfaction with the agreement of the NCS to release the 9 trucks.
Oyeniyi, who explained that the application for the committal of Violation of Court order was still on in case the Nigeria Customs Service renege on its promise to release the trucks, said, an agreement on term of settlement where compensation for the 15 auctioned trucks and value of contents of all the 24 trucks, will be reached between the judgement debtors and creditors.Governments need to work with industry to resolve this situation so airlines can continue to provide the connectivity that is vital to driving economic activity and job creation.”
Against this backdrop, IATA has called on governments to ensure compliance with international agreements and treaty obligations that enable airlines to repatriate the funds arising from the sale of tickets, cargo space, and other activities. Failure to do that might further jeopardize the stability, profitability, and continuity of the aviation industry.
“Airlines cannot continue to offer services in markets where they are unable to repatriate the revenues arising from their commercial activities in those markets. Governments need to work with industry to resolve this situation so airlines can continue to provide the connectivity that is vital to driving economic activity and job creation,” said Willie Walsh, IATA’s director general.
“IATA urged governments to abide by international agreements and treaty obligations to enable airlines to repatriate these funds arising from the sale of tickets, cargo space, and other activities.”
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