Shipping line slams N50m suit against Customs over employee’s detention

A Shipping firm, Afriglobe Shipping Lines Ltd, has filed a N50million suit against the Nigerian Customs Service, NCS before a Federal High Court, sitting in Lagos over an alleged illegal detention of its Managing Director, Mr. Christian Ukata.The claimant’s counsel Charles Ugwuanyi who filed court papers on behalf of the firm, said that Ukata was wrongfully detained by NCS officials attached to the Murtala Muhammed International Airport Lagos sometime in November 2015 for being in possession of foreign exchange which he had voluntarily declared at the NCS desk.

According to the  firm  in November 2015, it was contracted by Aerodocs Inc. USA to clear its cargo at Chad and deliver same to Millicom, Chad at an agreed cost of $46,731 and  payment was subsequently made through Access Bank Plc.The firm averred that after  confirming the arrival of the cargo at Ndjamena Airport, that  it withdrew the sum of $42,200 from the amount paid into its Access Bank Plc account and detailed its Managing Director, Ukata to travel to Ndjamena vie Duala Airport for the purpose of clearing and delivery of the cargo.

Ukata according the firm’s court papers finally made arrangement to travel on November 15, 2016 with the view that the cargo would be cleared on November 16 so as to avoid incurring demurrage. But on getting to the Lagos Airport, the firm said  Ukata went through all the departure formalities including declaring the $42,200 that was with him before the two NCS officials, one Mrs Oshilaja and Mr K.S Ugboaja.



The firm also stated that the declared foreign exchange was accompanied with relevant Waybills, Invoice and Inflow advice from Access Bank Plc to establish the legitimacy of the source and the use of the fund. The firm further stated that the matter however took another twist after Mr Ukata turned down an overture by the NCS officials for a tip before he could be allowed to board his flight. The two officials according to the firm’s court deposition threatened to detaine Ukata if he did not play ball.

The firm further averred that the two officials reportedly threatened Mr Ukata that they had Presidential Directive to seize and confiscate any foreign exchange brought before them whether voluntarily declared or not.

For failing to do their bidding, Ukata was subsequently prevented from travelling; and was detained at the NCS Airport cell, near Hajj Camp at about 5pm on November 15 until the next day when he was transferred to the Ikoyi office of the Economic and Financial Crimes Commission, EFCC.

After five days of investigation, the EFCC cleared Mr Ukata from any money laundering allegation and handed back to him, the seized money and travel documents.Mr Ukata and his firm however lost the clearing contract as Aerodoc had secured the services of another firm to avoid incurring demurrage on the cargo.

The firm is consequently seeking  the sum of N50millon damages against the Nigerian Customs Service for the false imprisonment and unlawful detention of Mr Ukata, loss of business, loss of goodwill, exposure to breach of contract and unutilized air ticket.

The firm is also asking  the court for  a declaration  that the purported presidential directive ordering seizure of foreign exchange at the airport whether declared or not, is unconstitutional, Illegal, null and void.

However, in its statement of defence, NCS has  absolved itself of any wrong doing stating that it’s two officials who were on duty when the incident occured were members of a Presidential Committee on Trans-Border Cash Movement and were taking directives from the Presidency and not Nigeria Customs Service. The suit which is before Justice Abdulazeez Anka has been adjourned to September 19, 2016,  for hearing.