A Court of Appeal sitting in Kaduna has ruled that the Nigeria Customs Service (NCS) has no authority to seize foreign rice within the open market or on highways, restricting its enforcement powers to land borders alone.
Delivering the judgment on December 6, a three-member panel led by Justice Ntong Ntong dismissed an appeal filed by the NCS against a previous Federal High Court ruling that acquitted businessman Suleiman Mohammed of charges related to the importation of rice. The appellate court described the NCS appeal as baseless and upheld the trial court’s decision.
The case arose from a 2019 incident in which customs officials intercepted a truck carrying 613 bags of foreign rice and 80 bags of millet along the Kaduna-Zaria expressway. The truck belonged to Mohammed, who was subsequently arrested and charged with illegally importing the goods.
In a 2021 ruling, Justice Z. B. Abubakar of the Federal High Court acquitted Mohammed, stating that the prosecution failed to present sufficient evidence to prove the rice was imported through land borders, which is prohibited by law. The court noted that foreign rice could legally be imported through seaports as per a 2016 circular issued by the Federal Government.
The lower court held that the goods in question could have been lawfully purchased in the open market and criticised customs officials for targeting end users rather than the actual importers.
Justice Ntong Ntong, delivering the appellate court’s judgment, affirmed the trial court’s findings and commended the lower court judge for accurately interpreting the law and evaluating the evidence.
“Truly, I also agree with the learned trial judge that Kaduna-Zaria expressway is not a ‘land border’ as stipulated by the law,” Ntong said. “Importation of foreign rice in any wise is not generally prohibited. It is restricted to land borders alone.”
Justice Ntong further criticised the customs service for focusing on small traders instead of apprehending the actual importers of contraband goods.
“How can a fowl leave to attack who killed it to pursue who is de-feathering it? This Annang-African idiom aptly describes the misplaced priorities of the appellant,” Ntong remarked, emphasising that Mohammed was a mere purchaser with proof of purchase from the open market.
The Court of Appeal dismissed the NCS’s appeal and ordered the agency to return all goods seized from Mohammed in 2019, including the 613 bags of rice, 80 bags of millet, and a DAF truck with registration number 57 BS 45.
“Where it has become difficult or impossible to return the items, the appellant shall pay to the respondent a sum of money equivalent to the current price or cost of the items,” Justice Ntong ruled.
This ruling reaffirms the legal boundaries of customs enforcement powers, restricting their activities to designated border points. It also highlights the need for the NCS to focus on actual smugglers rather than traders or consumers within the domestic market.
The judgment has been hailed by legal analysts and human rights advocates as a victory for due process and the rule of law, particularly in cases involving economic activities and the rights of citizens.
