Praying the court for the order, the Customs’ lawyer said the order sought from the court was brought pursuant to Order 26, Rule 8(1) of the Federal High Court (civil procedure) Rules 2009 and provision of Sections 167 and 169(1) and Schedule 3 of the Nigerian Customs Services Management Act Cap. C.45 OF the Laws of the Federation of Nigeria 2004. The agency had asked the court for an order authorizing it to destroy the content of all 14 containers as listed in the schedules marked “A” annexed to the Affidavit in support of the motion be condemned as forfeiture to the Federal Government.
The agency, in an affidavit support of the exparte application deposed to by Dabaj U. H., an Assistant Comptroller of Customs (AC) and an Officer in Legal Section, Apapa Area Command of the Nigeria Customs Services, Apapa, Lagos, stated that in the course of effecting the assigned role and carrying out their official duties Customs personnel particularly between February 20, 2018 and September 28, 2018, intercepted and apprehended from smugglers all the goods itemised and specimen in the schedule hereto annexed to this affidavit for various Customs offences and contravention of the provision of the Customs & Exercise Management Act (CEMA) while perpetrating such unlawful acts.
After entertaining the submission of the Customs’ lawyer, Justice Saidu said, “I have listened to the submission of the counsel as well as gone through the affidavit in support of the application and the written address and the attached exhibits. The application is hereby granted as prayed.”