Court of Appeal declares Customs’ highway rice seizures illegal

The Court of Appeal in Kaduna has ruled that the Nigeria Customs Service (NCS) lacks the authority to patrol highways or seize goods from market buyers under the guise of enforcing importation bans.

Delivering the judgment on Wednesday, Justice Ntong Ntong, speaking for a three-member panel, declared that the Kaduna-Zaria Expressway is not a land border and therefore does not fall within Customs’ jurisdiction for enforcing trade restrictions.

The ruling followed an appeal filed by the NCS against a Federal High Court decision that acquitted businessman Suleiman Mohammed of charges related to importing foreign rice.

The court ordered the immediate release of 613 bags of foreign rice, 80 bags of millet worth approximately N200 million, and a truck impounded from Mohammed in 2019. Justice Ntong ruled that Mohammed, who purchased the goods from the Central Market in Gusau, Zamfara State, was merely a buyer and not an importer.

“The Nigeria Customs Service has no right to patrol highways or expressways to arrest individuals and confiscate goods under the guise of importation bans,” the judgment stated. The court noted that Customs’ enforcement powers are limited to Nigeria’s borders, where contraband goods typically enter the country.

In a sharp rebuke of Customs’ actions, Justice Ntong remarked that it was illogical for officials to target consumers and petty traders instead of addressing the real culprits—smugglers and importers. Using an idiom, he likened Customs’ approach to a fowl ignoring its killer and chasing the person plucking its feathers.

The court further criticised the NCS for conducting a “shoddy investigation from the comfort of their office.” It ruled that if Customs could not return the confiscated goods, the agency must compensate Mohammed with the current market value of the seized items.

The judgment is seen as a victory for the rule of law, urging Customs to focus on enforcing trade policies at the borders and holding smugglers accountable, rather than targeting market buyers and highway users.

Justice Ntong Ntong dismissed the NCS appeal and ordered the Service to comply with the court’s directives immediately.