We Hold Your Brief JUDE IGBANOI

Jude.igbanoi@thisdaylive.com

Dear Counsel, I will rely on your advice to deal with this problem. Some Customs Officers arrested one of my sales boys who was returning with some items which I purchased from Cotonou, Benin Republic. The car with which they carried these goods, was also impounded. The car and the goods were taken to the Customs Premises at Ikeja. I went there personally, and they requested that I pay the various sums of money amounting to N1.8 million, which is actually higher than the value of the car and the goods. I was not told specifically that the items I bought were contraband and besides, the quantity was quite small and not of any meaningful commercial value.

Although my sales boy was later released, I was surprised when I was informed that the case would be taken to court where the boy would be tried, and that the goods would be confiscated. A lawyer I contacted made further inquiries, which revealed that the goods and the car had disappeared from their offices. Kindly, advice me on what to do. J.O., Lagos

Dear J.O., I would have you know that under the statute establishing the Nigerian Customs and Excise, the officers are empowered to arrest anyone committing any of the offences specified in the Act, including smuggling contraband goods.

You did not state the specific nature of your goods, to enable one ascertain whether they are of a contraband category. But generally, food items, textiles, and certain specified products are prohibited from being imported into the country. Also, you must understand that even goods that are not on the contraband list, may need to be cleared and the requisite customs duties paid.

Your lawyer has to make further inquiries as to where your vehicle and goods disappeared to, what offence your sales boy is being tried for, and for what specific reason the car and the goods were confiscated. He/she must also bear in mind that in prosecuting offences relating to customs, only the Attorney General of the Federation can institute criminal proceedings, although he may delegate this function. This is clearly provided for at Section 157(2) 0f the Customs and Excise Management Act 1958 (as amended). Your lawyer must endeavour to gather all the information relating to your case, in order to seek out the best way possible to deal with this issue, and ensure that your rights are well protected.