A Lagos businessman, Mr. Adebowale Adebisi, whose vehicle was seized by the Nigeria Customs Service officials and who was arrested and detained for seven days has slammed N40 million suit on the Area Comptroller, Nigeria Customs Service, Federal Operation Unit Zone, Ikeja.
In an affidavit sworn to by Mr. Adebowale Adebisi and filed before an Ikeja federal high court, Lagos southwest Nigeria, by a Lagos lawyer, Barrister Abiodun Onidare, the applicant averred that sometime in December, 2010, he bought a Red Mitsubishi Gallant vehicle with Registration Number CB 25 AKD Lagos and chassis and Engine JMBLNEAZWVZ002207 from a car dealer at Apapa Road, Lagos State.
Mr. Adebisi averred further that he had been using the vehicle for six months without any interference from any of the security agents until the 26 May, 2011, when he was interrupted along Lagos-Abeokuta Road, Abule Egba, by officials of the Nigerian Customs Service who demanded for his particulars and customs duty papers.
He said he presented his particulars to the Customs men and informed them that he purchased the vehicle from a car dealer in Lagos. Upon presentation of his particulars to them, he was immediately attacked by the operatives of the Nigeria Customs who accused him of being a smuggler and the Customs officials numbering about six beat him to stupor.
He said he was thereafter stripped naked before he was dumped inside their cell, half naked without any medical attention, adding that all his explanation was disregarded while he was in detention for seven days beginning from 26 May, 2011 till 1 June, 2011 when he was released. He said his car is still in the custody of the Customs.
The applicant also averred that upon his release, he wrote a letter to the Area Comptroller of Customs Service, Ikeja, for the release of his car and the said letter was not responded to.
However, Nigeria Customs Service in a counter affidavit sworn to by Assistant Superintendent of Customs, Salihu Ibrahim, averred that the applicant failed to produce Customs duty payment documents, and the applicant and his vehicle were brought to Federal Operation Unit, Ikeja, until valid Customs duty payments are produced.
In a further affidavit, Mr. Adebisi averred that the Customs men did not allow him to go home to produce the Customs duty paper, contending that he bought his car in the open market and offered to take the Customs operatives to the car dealer to ascertain and verify his claim but they refused to investigate his claim.
The applicant is now urging the court not only to declare his arrest and detention illegal and unconstitutional but to restrain the respondent and his agents from further arresting him and converting his car to themselves or disposing of same.
The applicant is also claiming N40 million as general damages against the respondents jointly and severally being aggravated damages for his unlawful arrest.
Justice Ada George has adjourned the suit till 30 October, 2012 for hearing.
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