THE Federal High Court sitting in Abeokuta has ordered the Nigeria Customs Service, NCS, to release 24 tankers loaded with 50,000 litres of Petroleum Motor Spirit, PMS, also known as petrol which were illegally impounded by officials of the Idiroko border Command of the Service.
The judgement delivered by Justice Shittu Abubakar on August 9, 2022, a copy of which was made available to Vanguard, the court ordered the Customs service to pay the plaintiffs the monetary value of all the said PMS contained in the 24 tanker trucks of 50,000 litres capacity each.
Olamitide International Limited;Tonifans Nigeria Limited; Olafems Oil & Gas Limited; Joffy A. A Petroleum Limited; Whabisco Oil Petroleum Limited; Vicket Petroleum Nigeria Limited; Mikenid Petroleum Nigeria Limited and Registered Trustees of Ipokia -Idiroko Petroleum Marketers Association of Nigeria had sued the NCS over 24 tankers that were seized by the service on November 10, 2019.
In its judgement, the court held” The Customs service is hereby ordered to immediately release the 24 tanker trucks of Petroleum Products with their respective content of PMS illegally seized and impounded by the service.
“The purported auction and or sale and/or transfer of the said 5 out of the 24 tanker trucks loaded with PMS which was unlawfully seized, impounded and purportedly auctioned by the agents of the Defendants on November 10, 2019 presently kept at the custody of the defendants commanded at Idiroko, Ogun State is hereby set aside.
“That the defendants be and are hereby ordered to pay the Plaintiffs the monetary value of all the said Petroleum Product (PMS) contained in the aforesaid 24 Tanker Trucks of 50,000 litres capacity each (whose particulars are contained in the Schedule (B) attached), unlawfully seized and impounded by the agents of the Defendants on the 10th day of November, 2019 at the usual selling price per litre for all the content of the said five tanker trucks.
“That the defendants are, hereby, ordered to immediately release to the plaintiffs all the aforesaid 24 tanker trucks of petroleum products with their respective content of PMS illegally seized and impounded by agents of the defendants on 10th November, 2019.”
“The Defendants are also ordered to immediately return and or refund a total sum of N6.4 million cash illegally confiscated and taken by agents of the defendants from the 2nd Plaintiff, Tonifans Nigeria Limited, Filing Station, located at old Customs Road, Opposite Catholic Church, Idiroko, Ogun State on the 10th November, 2019.
“The defendants shall pay the sum of N20 million, and N2 million only as general damages, and cost of this action, respectively.”