Col. Hameed Ali, Kemi Adeosun and Babagana Monguno Charged for Contempt

Following the refusal by the Minister for Finance, Mrs kemi Adeosun and the Comptroller- General of Customs, Col. Hameed Ali, (Rtd) to obey the directives of the Federal High Court, Calabar made on the 15th day of December, 2017 to the effect that the warehouses belonging to Maggpiy Trading located at Tinapa Free Trade Zone, Calabar Cross River State be unsealed and the company allowed to take its rice over which duties in the sum of N 53,000,000.00 as assessed by Customs themselves have been duly paid, the Company has initiated committal proceedings against them. In making its orders against the Nigerian Customs Service and the Minister for Finance who is the Chairman of the Nigerian Customs Service Board, The Court ordered Maggpiy Trading to deposit a bank Guarantee in the sum of N1000, 000,000 as security. That order has been complied with by the company but Customs which acknowledged receipt of the guarantee is yet to comply with the orders of court.

Copies of the Contempt processes filed which have been served on both the Minister and the Comptroller-General of Customs, have been made available to us.

Under the Law , the Tinapa Free Trade Zone like every other Free Trade Zone, is ‘a country within a country’ meaning that it is not a custom territory or subject to the jurisdictional competence of the Nigerian Customs Service. The implication of this is that the Nigerian Customs Service cannot enter a Free Trade Zone to seal or prevent activities therein.

However, the Nigerian Customs Service entered the Tinapa Free Trade Zone and sealed off warehouses belong to Maggpiy Trading. The Warehouses contains bags of rice over which duties were as assessed by the Nigerian Customs, were duly paid.This result in the institution by the company of a case at the Federal High Curt with Suit No: FHC/C/40/2017 against the Nigerian Customs Service and the Minister for Finance.

See committal proceedings document signed and acknowledged by the defendants:

 

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