News
Court bans Customs from open markets, highways, restricts Service to land borders
The 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 recently by 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.
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.
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 Commission wants IGP to address use of excessive force by police
The Executive Secretary of the National Human Rights Commission (NHRC), Dr. Tony Ojukwu OFR, SAN, has strongly condemned the alleged extrajudicial killing of a 28-year-old Nigerian, Mene Ogidi, by a police officer, ASP Nuhu Usman, on April 26, 2026, in Efurun, Uvwie Local Government Area of Delta State.
In a statement issued in Abuja, Dr. Ojukwu described the incident as “deeply disturbing and a direct assault on human dignity, the Constitution of the Federal Republic of Nigeria, and the rule of law.”
He stressed that no Nigerian should lose their life at the hands of those sworn to protect them, reiterating that every life matters and must be protected.
According to him, “the reported action of the officer involved is condemnable, unacceptable, and completely inconsistent with the principles of justice and a civilized society.”
The statement which was signed by Hajia Fatimah Agwai Mohammed, Director, Corporate Affairs and External Linkages, quoted Ojukwu to have expressed grave concern over the recurring incidents of excessive use of force by law enforcement officers and called on the Nigeria Police Force to take urgent and decisive steps to address the issue.
He specifically urged the police authorities to subject officers deployed on special duties to periodic mental and psychological evaluations to ensure they are fit to carry arms and engage with civilians responsibly.
Dr. Ojukwu further called for the immediate disciplinary action against ASP Nuhu Usman in line with extant laws and police regulations.
He also emphasized the need for the Nigeria Police Force to fully implement the recommendations of the Commission’s Panel on Police Brutality as a necessary step toward meaningful reform and prevention of future violations.
“The Commission demands immediate arrest and a transparent investigation into the incident, dismissal of the officer involved, and swift prosecution in accordance with the law.
We hereby call for adequate compensation and justice for the family of the victim,” he stated.
He warned that justice delayed only deepens public distrust in state institutions and undermines confidence in law enforcement.
The Executive Secretary assured that the NHRC will continue to monitor the case closely and will persist in its advocacy for accountability, justice, and the protection of the fundamental rights of all Nigerians.
“Nigeria must never normalize brutality. Justice must speak louder than silence,” he concluded.
The Supreme Court of Nigeria will on Thursday, deliver judgments in two cases involving the leadership crises rocking the African Democratic Congress and the Peoples Democratic Party.
According to information on the official website of the court, the matters, listed under “Political Appeals”, have been added to the cause list for Thursday, April 30, 2026.
While judgment in the ADC matter, marked SC/CV/180/2026, has been fixed for 2 pm, there is no time yet for that if the PDP.
President Bola Tinubu has written the Senate, seeking the screening and subsequent confirmation of fifteen nominees to the National Human Rights Commission (NHRC).
The letter was read by the President of the Senate, Senator Godswill Akpabio.
The letter seeks the reconstitution of the commission’s board in line with statutory provisions with the list comprising nominees from diverse professional backgrounds, including the media and legal sectors.
Among the nominees are the President, Nigeria Guild of Editors and Editor, Vanguard Newspapers, Mr. Eze Anaba; and Dr. Salamatu Hussaina Suleiman, who has been proposed as chairman of the board.
The Executive Secretary of the Commission, Dr. Anthony Ojukwu (SAN) is to retain his position as the Chief Executive Officer.
Other nominees include Mrs Roseline Tasha, Ambassador Adam Yubak Baku, ACG Felix Lawrence, Mr. Edmund Chinonye, Mr. Chinonye Obiaku (SAN), Oluwakemi Asiwaju Okere-Odo, Professor Adedeji Ogunji, Kingsley Chidozie, Mohammed Adelodu, Maupe Ogun Yusuf, and Otunba Francis Meshioye as members.
Also nominated are Patience Patrick and Hawwa Ibrahim, listed as members.
The President said the nominations were made pursuant to Section 2(3) of the National Human Rights Commission (Establishment) Act, 2010, which empowers him to constitute the board subject to Senate confirmation.
He explained that the reconstitution of the board was necessary to enhance the commission’s institutional capacity and enable it to more effectively discharge its mandate to promote and protect human rights across the country.
If confirmed, the new board is expected to play a critical role in reinforcing the NHRC’s oversight functions, particularly at a time of heightened concerns over rights protection and accountability in Nigeria.
Following the presentation of the request, the Senate referred the nominations to its Committee on Judiciary, Human Rights and Legal Matters for screening and report within two weeks.
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