The Court of Appeal in Kaduna ruled that the Nigeria Customs Service (NCS) lacked the power to seize imported rice in open markets.
A three-member panel of justices, led by Ntong Ntong, made the ruling while dismissing an appeal by the NCS against the judgement of the Federal High Court, Kaduna.
In its judgement, the appellate court ordered the release of 613 bags of foreign rice, alongside 80 bags of millet worth about N200 million and a truck impounded from the respondent in the appeal, Suleiman Mohammed, a 37-year-old businessman.
This decision followed a legal battle that began in 2019, when Customs officers intercepted Mohammed’s truck on the Kaduna-Zaria Expressway, arrested him, and confiscated his goods.
Mohammed was later arraigned on a two-count charge for allegedly importing foreign rice in violation of the Federal Government’s directives.
In November 2021, Z.B. Abubakar, a justice of the Federal High Court, Kaduna, acquitted Mohammed, citing insufficient evidence.
The trial court ruled that the Customs failed to prove the defendant imported the goods through banned land borders, noting that the 2016 circular banning foreign rice importation applied solely to land borders, not seaports.
Dissatisfied with the outcome, the NCS filed an appeal.
However, the Court of Appeal, upheld the trial court’s decision, while further reinforcing the limitations of Customs’ enforcement authority.
The court held that “Kaduna-Zaria Expressway is not a land border,” adding that “the Nigeria Customs Service has no right to arrest Suleiman Mohammed on June 14, 2019, and confiscate his goods on the Kaduna-Zaria Expressway, which is outside the contemplation or application of the ban on the importation of foreign rice.”
The court further emphasised that the NCS did not have the authority to patrol highways, such as the Kaduna-Zaria Expressway, for the purpose of arresting individuals or seizing imported foreign rice, as these areas fall outside the jurisdiction of land border enforcement.