Senate Orders Customs to Suspend Verification Order to Motorists...
Calls action illegal, ridiculous
The Senate yesterday ordered the Nigeria Customs Service (NCS) to henceforth halt its recent order directing all vehicle owners to visit nearest NCS zonal offices to verify the payment of their vehicles’ customs duties within one month or face dire consequences.
The upper legislative chamber therefore ordered the agency to suspend the directive until it has duly appeared before the Senate to brief it on the rationale behind the move.
Rising under Order 42 of the Senate Standing Rules, Deputy Majority Leader, Bala Ibn Na’Allah, who described the NCS circular as ridiculous, said the agency failed to present a clear-cut guidelines on which category of vehicles would be affected by the directive.
According to Na’Allah, the implementation of such ambiguous circular will create a huge discomfort for innocent Nigerians, bearing in mind that it has already caused significant anxiety among citizens.
Against this background, the Senate ordered the NCS to suspend all moves towards implementing the directive and also resolved to engage the Service with a view to ensuring that it comes up with acceptable policies to Nigerians in a typical democratic setting.
“Mr. president, the basis for being here as parliamentarians is to define the rule of engagement between us and those who elected us into this very, very coveted office, to the effect that we would all swear to uphold, protect and defend the Constitution of the Federal Republic of Nigeria and the law. We already have an existing law called the Nigerian Customs Service,” he said.
While describing the directive as ridiculous, Na’Allah challenged his colleagues to uphold the oath they swore to by resisting any obnoxious policy meant to further complicate life for already troubled Nigerians.
According to him, it was the responsibility of the NCS to ensure the verification of customs duty at the right time, insisting that any attempt to shift the task of such verification to Nigerians must be absolutely rejected.
“Mr. President, by that law, we are all aware that the area of operation specifically designated for this service is principally our borders and we are aware of the fact that this is the situation and unable to find the specific provision of the law that the comptroller of customs relied upon to issue this circular.
“I think we have a compelling need to protect the Nigerian public against this arbitrariness. I ask if I buy a car eight years back for example, duly registered and I live in Sokoto, and then, you require me to come to Kaduna to know whether my customs duty is authentic or not. What you are requiring from me is even outside the provision of the law.
“It is the responsibility of the Nigerian customs to verify this document and if they now shift it back to the citizens to determine whether what they have is authentic or not, I think it’s sufficiently ridiculous to call the attention of this Senate to say no to this kind of arbitrariness,” Na’Allah stated.
The circular issued by one Joseph Auta last week on behalf of the NCS had stated that the Comptroller-General of Customs, Hameed Ali, advised all persons in possession of vehicles to seize the opportunity of available grace period of March 13 to April 12, 2017, to pay up their appropriate duties to avoid being victims of aggressive anti-smuggling operations.
The anti-smuggling operations, the circular added, would witness the prosecution of owners of perceived smuggled vehicles after the expiration of deadline on April 12.
Na’Allah recalled how the circular further stated that “for the avoidance of doubts, all private car owners who are not sure of their authenticity of their vehicles’ customs documents can approach the zonal office to verify with a view to complying with the provisions of the law.”
Supporting the motion, Deputy Senate President, Ike Ekweremadu, highlighted the excesses and outrageous policies of NCS as he recalled how the Senate last week adopted a motion decrying the harassment of traders in SangoOtta, Ogun State, by men of the Customs who violently took away purchased items from the market under the guise of non-payment of appropriate customs duties.
He said it was unfortunate that the Senate was yet considering another outrageous move of the agency which he said was attempting to foist illegality on the citizenry in its drive to generate more revenues.
He also said the NCS lacked the power to impose punishment on Nigerians over deeds committed in the past, arguing that even though the constitution vests the National Assembly with the power to make laws for the federation, the legislative institution does not possess the power to impose penalty on anyone over perceived wrongs of the past and much less a mere agency like the NCS.
“Today, we have been inundated with again another development where owners of cars bought many years ago are being asked to come back and show customs papers or pay appropriate customs duties. Let me also say that we share the concerns of the customs boss on raising revenue to run our country but unfortunately it cannot be at the expense of common sense and illegality.
“Government is run on the principles of checks and balances. It is our responsibility to call the executive to order where recklessness is introduced in governance of any country and I believe that our constitution is clear on who does what at any time. If you look at Section 4 (1) of our constitution, it states that the executive power of the Federal Republic of Nigeria shall be vested in the National Assembly of the federation which shall consist of the Senate and House of Representatives.
“It does not include the Customs. Not even the National Assembly itself can impose punishment on crime that was committed years ago. It cannot happen. If we cannot do that, the Customs cannot do that either. What they are doing is totally unacceptable and we must say no to it,” Na’Allah insisted.
Customs Agents, Shippers Disagree over NCS Policy on
Alex Enumah
The Economic and Financial Crimes Commission (EFCC) has told a Federal High Court in Abuja, that a former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Mr. Andrew Yakubu, cannot be released on bail for now because he has series of corruption allegations to respond to in relation to his former official position.
The anti-graft agency told the court that apart from the $9,772,800 and another 74,000 pounds found in his Kaduna house, Yakubu is being held in connection with several cases of corruption brought against him while he held sway as the NNPC boss.
In a counter-affidavit filed in the court to oppose the enforcement of his fundamental rights suit filed against the EFCC, Yakubu was said to be under-going interrogations in other corruption allegations against him.
In the counter affidavit deposed to by one Waziri Adamu Nitte, the EFCC pleaded with the court not to order the release of the applicant in the interest of justice.
The counter-affidavit indicated that the search conducted in Yakubu’s house last month was backed with a valid court order.
The anti-graft agency also averred that contrary to the claim of the applicant the huge foreign currencies found in his house were not gifts but proceeds of crime.
The EFCC said at the time Yakubu was GMD of NNPC, he was a public officer and there were existing laws that barred public officers from accepting that kind of gifts under any guise.
The EFCC further urged the court to disregard the application on the grounds that it was a ploy by the applicant to frustrate investigation into the matter, adding that the applicant would not be prejudiced by the refusal of this application.
However, Yakubu has approached the Abuja division of the Federal High Court for the enforcement of his fundamental rights.
In suit number FHC/ABJ/ CS/126/2017 filed on February 20, 2017, by his counsel, Ahmed Raji (SAN), the applicant is seeking an order of court directing his immediate release by the EFCC or admitting him to bail on liberal terms to enable him travel overseas for a medical treatment.
The applicant is also seeking an order restraining the respondents both jointly and/or severally, from further detaining him unlawfully, whether for reasons of suspicion or on account of any purported investigation with respect to the allegations wherewith he was detained by the EFCC in breach of his rights to personal liberty, dignity of human person, freedom of movement, private and family life, as enshrined under sections 34(1), (4) and (5), 37 and 41 (1) of the 1999 Constitution (as amended).
The former GMD is also asking the court to compel the respondents to pay him the sum of N1billion as general damages and compensation for the violation of his rights enshrined under the 1999 Constitution (as amended).