By Ishaya Ibrahim and Uzor Odigbo
Lagos lawyer, Monday Onyeakachi Ubani, has accused the Nigerian Customs Service (NCS) of sponsoring fake auto dealers to frustrate the effort of the genuine ones from suing the NCS for sealing their business premises.
The Journal magazine had quoted one Prince Ajibola Adedoyin who claimed to be the President of Association of Motor Dealers of Nigeria (AMDON) of saying that his group was not going to court to challenge the Customs raid.
Adedoyin added that his group was in talks with the Customs and was not part of those that contracted the service of a lawyer to seek compensation or redress in court over the raid and sealing of car shops across the country.
Adedoyin said his group is the national body for all importers and sellers of motor vehicles in Nigeria.
But Ubani said Adedoyin group is a government sponsored union.
The lawyer who is currently out of the country, told TheNiche in a telephone interview from his base abroad that the group he represents are the bonafide Association of Motor Dealers and would go to court if the NCS does not meet its demands.
“Those ones are fake. The government is the one sponsoring them to divide the group,” Ubani said.
The NCS had on September 30, raided and sealed many automobile mart across the country.
In a letter to the Comptroller General of Nigeria Customs Service, Ubani who is the counsel to the auto dealers warned the NCS to open the business premises of the auto dealers within 14 days with a compensation of N10 billion for loss of business during the period of closure or risk a court action.
Part of the letter which also serves as a pre-action notice reads:
“We must state here with all sense of responsibility and patriotism that the action of Nigeria Custom officers in this regard is a demonstration of gross irresponsibility, unprecedented impunity and abuse of power.
“Though the Nigeria Customs & Excise Management Act gives you the power to examine, mark, seal and take account of any goods …, In this case, you did not examine, mark, seal and take account of the particular vehicles identified as not being properly cleared, but rather sealed up the entire premises without any form of examination or inspection of papers. This very act of yours has no protection under the Act, but smacks of impunity, illegality and flagrant abuse of executive power.
“No law under our law books, including the Customs & Excise Management Act, empowers you to take the steps you have taken in the manner you have taken it. The action of the Nigerian Customs is not only lawless but very oppressive. The moment when Nigerian government agencies elevate the pursuit of revenue above the right and welfare of the citizens, Nigeria is doomed. But God forbid that things degenerate to that level.
“Take notice therefore that you have 14 days from the day you receive this letter to unseal all our client’s members’ business premises to enable them carry out their lawful businesses as Nigerian citizens.
“Take further notice that you have a period of 30 days from the date you receive this letter to pay a compensation of N10 billion to our Clients for the severe hardship, suffering, embarrassment, loss of business, physical, mental and psychological torture and trauma your arbitrary, lawless and inconsiderate action has caused our clients and their families, failing which our Client shall be left with no other option than to seek redress through a competent court of law.”