Foreign rice: Appeal Court rules against Customs

The Court of Appeal in Kaduna has declared that the Nigeria Customs Service has no authority to confiscate foreign rice sold in open markets.

Delivering its judgment on Wednesday, the appellate court upheld an earlier decision by the Federal High Court, Kaduna, which had acquitted Suleiman Mohammed of charges related to the importation of prohibited goods.

Justice Ntong Ntong, speaking for the three-member panel, directed the Customs Service to return 613 bags of foreign rice, 80 bags of millet, and a truck seized from Mohammed. The confiscated goods, valued at approximately N200 million, were taken from the businessman on the Kaduna-Zaria Expressway on June 14, 2019.

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The court emphasized that the Kaduna-Zaria Expressway is not a land border, stating: “The Nigeria Customs Service has no right to arrest Suleiman Mohammed and confiscate his goods on the Kaduna-Zaria Expressway, which is outside the scope of the ban on the importation of foreign rice.”

The judgment further clarified that the Customs Service does not have the authority to patrol highways such as the Kaduna-Zaria Expressway for the purpose of seizing foreign rice, as these are not designated border areas.

Justice Ntong explained: “After reviewing the trial court’s decision, briefs of the parties, relevant statutes, and exhibits, it is clear that the Kaduna-Zaria Expressway is not a ‘land border’ as defined by law.”

The court also noted that Mohammed was merely a purchaser of rice and millet from Gusau Central Market in Zamfara State, supported by a purchase receipt, and not an importer of the goods. It criticized Customs for targeting petty traders rather than actual importers, using a local Annang idiom to illustrate its point:
“Instead of pursuing the person who killed a fowl, the appellant chose to chase the one de-feathering it.”

On the inadequacy of Customs’ investigations, the court remarked: “The Nigeria Customs Service conducted a shoddy investigation from the comfort of their office. If they are unable to return the confiscated items, the Customs Service Board must compensate the respondent with the equivalent monetary value.”

The appeal was dismissed, and the court ordered the Customs Service to comply with its directives immediately.