A court of appeal in Kaduna has ruled that the Nigeria Customs Service (NCS) should not impound foreign rice in the open market or on highways.

In a judgment delivered on December 6, a three-member panel of justices led by Ntong Ntong held that existing laws restrict NCS’ enforcement to land borders only.

The judgment was delivered in an appeal filed by the NCS, against a decision of the federal high court that acquitted one Suleiman Mohammed, a businessman, of charges related to the importation of rice.

BACKGROUND

Customs had arrested Mohammed after seizing a truck carrying 613 bags of foreign rice and 80 bags of millet belonging to the businessman on June 14, 2019, along the Kaduna-Zaria expressway.

Mohammed was charged and arraigned on a two-count charge.

However, in a judgment delivered on November 10, 2021, Z. B. Abubakar, trial judge, acquitted the defendants of the charges.

Abubakar held that the plaintiffs (customs) failed to adduce enough evidence to prove that the defendant imported the goods.

The judge also held that there is no subsisting blanket ban on the importation of foreign rice as claimed by the plaintiffs.

“…the evidence led by the prosecution through PW1, PW2, PW3 and the Exhibits tendered has not established that the Defendant imported Exhibit ‘NCS B1-B612’. Even the investigation conducted by the complainant (Nigeria Customs Service Board) on Exhibit ‘NCS B1-B612,” the judge held.

“As a matter of fact, Exhibit ‘NCS D’ could not reveal who imported the said Exhibits or where they imported from.

“It should be borne in mind that importation of foreign rice is not absolutely or totally prohibited. It is only importation of the product through the land borders of this country that was proscribed by the Federal Government vide Circular No. NCS/TXT/1XE/045/S.416/VOL.1X of 18th March, 2016. The circular provided that foreign rice only be imported into the country through seaports.”

The trial judge held that the prosecution failed to show that the goods were imported through land borders, adding that “the said exhibits could have been imported through the seaport, and the court is entitled to presume so”.

Furthermore, the lower court held that “loading any foreign rice into a truck is not an offence under both Sections 46(b) and 47(1) (a) (ii) of Customs and Excise Management Act (CEMA) (Supra)”.

“It is the landing or unloading of goods or foreign rice at designated customs port CA/K/33/C/2022 or wharf that is prohibited by the aforementioned provisions of the Act,” the judge ruled. 

‘APPEAL IS A HOAX’

Aggrieved by the trial court’s judgment, NCS filed an appeal.

However, the appellate court commended the trial court judge for “doing justice in the evaluation of the law and evidence adduced before it”. 

Ntong said he agreed with the arguments put forward by the respondent’s lawyer and the judgment of the trial court.

“Truly, I also agree with the learned trial judge, that Kaduna-Zaria expressway is not a “Land border” as stipulated by the law and Exhibit “NCS D,” the justice held.

“Importation of foreign rice in any wise is not generally prohibited. It is restricted to land borders alone.

“If I were in the shoes of the appellant (NCS), I would have honourably thrown in the towel as this appeal is simply a hoax, a fluke and unmeritorious whatsoever.

“From the evidence in the Record of Appeal, the Respondent was merely a purchaser for value and not an importer. The Appellant ought to have arrested the importer and not a mere purchaser from open market with a receipt of purchase Exhibit NCS D.

“How can a fowl leave to attack who killed it to pursue who is de-feathering it? This is an Annang-African Idiom that means the Appellant ought not to shut its eyes away from the importer and be chasing petty traders and consumers who buy from the open market. After all prohibited or contraband goods always pass through the borders which are the beats of the Appellant.”

Consequently, the court dismissed the appeal in favour of the respondents.

The court further ordered customs to return all the goods seized from the businessman in 2019 or pay him the money equivalent.

“Consequently, the Appellant is hereby ordered to release or cause the release of the 613 bags of foreign rice, 80 bags of millet, Exhibit “C” and DAF truck with Registration Number: 57 BS 45 impounded and confiscated from the Respondent on 14th June, 2019 to the said Respondent Suleiman Mohammed or his representative forthwith,” the judge ruled.

“Where it has become difficult or impossible to return the items aforesaid, the Appellant shall pay to the Respondent a sum of money equivalent to the current price or cost of the items aforementioned.”

The Nigeria Labour Congress (NLC) has called for the suspension of the tax bill currently before the National Assembly, emphasizing the need for more inclusive consultations with Nigerian workers.

In a statement issued on Thursday in Abuja, NLC President, Joe Ajaero, alongside General Secretary, Emmanuel Ugboaja, highlighted the deepening crisis during the National Executive Council (NEC) meeting held in Owerri.

The union criticized the politicization of the bill, stating that it failed to account for the concerns of essential stakeholders, diminishing its potential to effectively boost the economy.

“Only through inclusive dialogue can we ensure a just and equitable tax system that benefits all citizens,” Ajaero said.

The union also urged the Federal Government to urgently address the ongoing cash scarcity that has plagued the country, urging swift action to alleviate the economic burden on citizens.

Ajaero expressed the NEC’s deep concern over the persistent scarcity, which he described as an “exploitative burden” on the already struggling population.

He noted that Nigerians are losing up to five percent of their funds every time they withdraw cash, an unsustainable situation that worsens the financial struggles of millions.

The NLC president called for immediate intervention from the government and urged the Central Bank of Nigeria (CBN) to take effective steps to ensure the availability of cash for everyday transactions, particularly to support small businesses and stimulate economic activity.

“The impact of this on small businesses and other informal economy operatives is huge, as the situation poses serious disproportionate challenges to the poor and struggling workers and masses.

“The NLC demands immediate government intervention to rectify this systemic failure and protect citizens’ financial rights.

“We expect the Central Bank Governor to take steps to ensure that cash is made available to the citizenry to enable small business transactions and stimulate economic growth,” he said.

The NEC also voiced grave concerns about the rising insecurity in Nigeria, citing troubling reports that Nigerians paid over N2.23 trillion in ransom this year alone due to the increasing frequency of crime incidents.

Ajaero stressed the need for urgent government action to restore security, protect citizens, and ensure that the rule of law prevails.

“This appalling state of insecurity underscores the urgent need for the government to take decisive action to safeguard lives and property, restore public confidence, and ensure the rule of law prevails.

“The majority of the citizens who either lost their lives or are maimed as a result are workers,” he said.

Furthermore, the NLC condemned the recent invasion of the NLC Edo State Council Secretariat by police and the state governor.

Ajaero described the invasion as a flagrant violation of workers’ rights, including the unlawful removal of items and an attempt to impose an illegitimate leadership.

The NEC has given the Edo State government and the police a deadline of 14 working days, until January 8, 2025, to vacate the premises, return all confiscated items, and halt any further interference in union activities.

“This brazen act of impunity included the ransacking of properties and the unlawful removal of items, all in a bid to impose an illegitimate leadership on the workers.

“The NEC, therefore, resolved to give the Edo State government and the police a deadline of 14 working days, up to January 8, 2025, to vacate the secretariat.

“They should return all confiscated properties to Congress and commit to refraining from further interference in trade union activities,” he said.

Ajaero warned that failure to comply would lead to significant actions by the NLC to defend the rights of workers.

“The NEC, therefore, reaffirms its unwavering commitment to defending the rights and welfare of workers and the broader Nigerian populace,” Ajaero said.

He concluded by encouraging Nigerians to remain hopeful and united during the festive season, despite the numerous challenges facing the country.

Oil marketers lifting Premium Motor Spirit (PMS), commonly known as petrol, from the Dangote Petroleum Refinery have reduced the price of the product by 11.8%, bringing it down from ₦1,060 to ₦939.50 per litre.

As of yesterday, petrol was still being sold at ₦1,060 per litre, as observed in Lagos and its surrounding areas.

However, fresh checks today by Vanguard revealed that major marketers, including MRS, have now revised their pump prices to reflect the change.

While Alhaji Sayyu Idris Dantata, Chairman of MRS, declined to comment on the matter, a visit to the company’s filling station in Ojota, Lagos, confirmed that MRS has begun selling petrol at ₦939.50 per litre.

In a related development, the Dangote Petroleum Refinery reduced the ex-pump price of its petrol from ₦970 to ₦899.50 per litre.

This move is aimed at easing the financial strain on Nigerians, especially as the holiday season approaches.

Commenting on the price reduction, Anthony Chiejina, Chief Branding and Communications Officer of Dangote Group, said, “To alleviate transport costs during this holiday season, Dangote Refinery is offering a holiday discount on PMS. From today, our petrol will be available at ₦899.50 per litre at our truck loading gantry or SPM.

‘‘Furthermore, for every litre purchased on a cash basis, consumers will have the opportunity to buy another litre on credit, backed by a bank guarantee from Access Bank, First Bank, or Zenith Bank.”

President Bola Ahmed Tinubu has expressed profound sadness over the tragic incident at the Children's FunFair in Ibadan, which resulted in the loss of innocent lives and left many injured.

The President extends his heartfelt condolences to the Government and people of Oyo State, as well as to the grieving families who have lost their beloved children.

In this moment of mourning, President Tinubu stands in solidarity with the affected families and offers prayers that the Almighty God will grant peace to the souls of those who have departed in this unfortunate event.

President Tinubu has urgently directed the relevant authorities to investigate the circumstances of this tragedy thoroughly. He emphasises that it is imperative to determine whether negligence or deliberate actions contributed to this painful incident, ensuring a transparent and accountable process.

The President urges the Oyo State Government to take every necessary measure to prevent such a tragedy from reoccurring. Among the essential actions are a comprehensive review of all public events' safety measures, strict enforcement of safety regulations, and regular safety audits of event venues.

Furthermore, President Tinubu calls on event organisers to prioritise the safety of all attendees, especially children. He stresses the importance of integrating professional security, protocol, and logistics at events to ensure the utmost safety of all participants.

"Our children's safety and well-being remain paramount. No event should ever compromise their safety or take precedence over their lives," President Tinubu asserts.

Bayo Onanuga

Special Adviser to the President

(Information & Strategy)