The Court of Appeal in Kaduna has ruled that the Nigeria Customs Service (NCS) cannot seize foreign rice from open markets or highways, declaring such actions unlawful.
Delivering the verdict on Wednesday, Justice Ntong Ntong, on behalf of a three-member appellate panel, upheld a Federal High Court ruling that exonerated Suleiman Mohammed, a businessman, accused by Customs of importing foreign goods illegally.
Background
The case arose after Customs officials intercepted a truck carrying 613 bags of foreign rice and 80 bags of millet belonging to Mohammed on June 14, 2019, along the Kaduna-Zaria expressway. The businessman was charged with violating importation laws.
However, in a judgment delivered on November 10, 2021, Justice Z. B. Abubakar of the Federal High Court acquitted Mohammed, citing insufficient evidence provided by Customs to prove the goods were illegally imported.
Key Rulings
The appellate court’s decision aligned with the Federal High Court’s findings, emphasizing the following points:
- No Blanket Ban on Foreign Rice: The trial court noted that the importation of foreign rice is not completely prohibited. A 2016 government circular only restricts the importation of foreign rice via land borders while allowing imports through seaports.
- Lack of Evidence: Customs failed to demonstrate that Mohammed’s goods were imported through land borders. The court stated that the rice could have entered Nigeria legally through seaports.
- Legality of Transportation: The court held that loading and transporting foreign rice within the country is not an offense under Sections 46(b) and 47(1)(a)(ii) of the Customs and Excise Management Act (CEMA).
Implications of the Judgment
The ruling highlights the limits of Customs’ enforcement powers, particularly regarding goods already circulating in local markets or transported on highways. It reinforces the principle that enforcement must be based on clear evidence of illegality, not presumptions.
This judgment is seen as a significant win for traders and businesses, clarifying the legal boundaries of Customs’ authority while protecting commerce within Nigeria.
