The Federal High Court in Lagos has delivered a legal victory for the Nigerian Customs Service (NCS), dismissing a N12.5 million lawsuit filed by importer Johnleo Okpala over a container that was seized and subsequently auctioned by the agency.
Presiding judge, Justice Akintayo Aluko, ruled that the suit, which sought damages and a declaration that the seizure and auction were illegal, lacked merit and was statute-barred. The decision aligned with the Customs’ contention that the action was time-barred under law.
Okpala had approached the court under suit number FHC/L/CS/158/2023, naming the Nigerian Customs Service, the Area Comptroller of Customs, Tincan Island Apapa, and Mr. Magnus Chukwuemeka Obi as defendants. Represented by his lawyer, Evarist Ezeoke, the importer claimed that the 20-foot container (No. TEMU-3176724), which contained hanger brackets and baby walkers valued at N12 million, had been seized and auctioned unlawfully.
In addition to seeking N12 million for the value of the goods, Okpala also demanded N10 million for alleged loss of business capital and psychological trauma dating back to February 2014, and N500,000 to cover the cost of filing the suit.
The NCS, represented by Mrs. Kehinde Bode-Ayeni, filed a preliminary objection seeking the suit’s dismissal. She argued that the court lacked jurisdiction, citing Section 2(a) of the Public Officers Protection Act, 2004, which requires that claims against public officers be filed within a specified timeframe.
After considering submissions from both sides, Justice Aluko upheld the preliminary objection, ruling that the case was statute-barred and dismissing the suit in its entirety.