Appeal Court Slams N1m Fine On Customs Boss

COURT of Appeal, Lagos division has ordered Comptroller-General (CG) of the Nigeria Customs Service (NCS), Hameed Ali to tender an unreserved apology and pay the sum of N1 million to Margaret Thompson Ukpe, a cashier in Akwa Ibom State Government, for violation of her fundamental human rights.

In his ruling, Justice Abdullahi Bayero upheld the judgment of the Federal High Court, and ordered the CG Customs Service, to tender an unreserved apology to Margret Thompson Ukpe.

Justice Bayero and Other members of the panel, Justice Obande Festus Ogbuinya (presiding) and Justice Frederick Oho, agreed with the lead judgment, that ordered the NCS boss to pay N1 million as compensation for the unlawful order of arrest placed on her.

The appellate court held that available evidence shown in the record of appeal and findings of the lower court revealed that Margaret Thompson Ukpe’s (appellant) rights have been breached.

Justice Muslim Hassan had in his judgment in suit number: FHC/L/CS/2084/2018, declared that the directive by the Comptroller General of NCS contained in the circular dated September 18, 2018, ordering the arrest on sight and detention of the applicant without justification was a gross violation of her fundamental rights guaranteed under Sections 34, 35 and 41 of the constitution.

The court also restrained the Custom chief and his officers from further instigating/directing his officers, men, or staff from arresting, detaining, prosecuting, harassing, molesting, intimidating, and embarrassing the applicant.

However, the court rejected the request for the payment of N1 billion as compensation for the unlawful order of arrest and detention of the applicant.

Aggrieved with the judgment, the appellant in her notice of appeal on July 26, 2019, prayed the court to determine whether the trial court was not wrong to have refused to order the respondent to pay compensation and to offer a public apology for infringing on her fundamental rights.

Delivering his judgment, Justice Ogbuinya held that from the available evidence as shown in the record of appeal and the findings of the lower court, the appellant’s rights have been breached and that the court has the sacred duty to prevent the violation of citizen’s rights.

Consequently, Justice Ogbuinya ordered the respondent to pay as compensation to the appellant the sum of N1million for the unlawful order of arrest and/or detention of the appellant.

The court also ordered the respondent to publish a complete apology to the applicant on the front pages of two widely read and circulated daily newspapers in Nigeria.

Kayode Shopekan