Buhari, others sued over ex-army chief as Customs boss

An importer of goods, Mr. Ifeanyichukwu Okonkwo, has dragged President Muhammadu Buhari, Finance Minister, and Nigeria Customs Service before Justice Nnamdi Dimgba of a Federal High Court in Abuja, over an alleged unlawful appointment of a retired army Colonel Hameed Ibrahim Ali as Comptroller General of the Nigeria Customs Service.
The plaintiff, based in Onitsha, Anambra state is asking the court to reverse the appointment of  Ali  as customs boss on the ground that it violated sections 5, 147, 148, 151 and 171 of the 1999 constitution as amended.
The importer is also praying the court to issue an order stopping the minister  and the NCS  from recognizing or further recognizing the ex-army chief as the Chief Executive of the Custom.

Okonkwo further prayed the court to issue another order restraining the customs boss from holding himself out or further parading himself in that capacity .
In the suit with No FHC/ABJ/CS/813/2015, Okonkwo is asking the court to interpret sections 5, 147, 148, 151 an 171 of the 1999 constitution and the Custom and Excise Management Act Cap 45 Volume 4 and the scheme of service for customs service as they affect the appointment of Comptroller General for the Nigeria Customs Service.

Specifically, the plaintiff seeks court’s declaration that the President, under the community reading of all known relevant laws, has no power to have appointed Col. Ali (rtd) as the Customs Chief in August, 2015.
Plaintiff also seeks among others: A declaration that the appointment of the 4th Defendant as the Comptroller General of the 3rd Defendant is not supported by any iota of law, and a clear violation of the Public Service Rules application to the 3rd Defendant.

A declaration that there is no enabling law made by the National Assembly as the authority for the appointment of Col. Hameed Ibrahim Ali (rtd) as the new Comptroller General, Nigeria Customs Service, and his appointment by the President is unconstitutional, null and void.
Also a declaration that the purported press release by Mr. Femi Adesina, an aide of President Muhammadu Buhari is without due regard to Civil Service Rules, but a public relations affairs. The said Mr. Femi Adesina, is an imposter not being the Minister of Finance of the Federal Government.
The Plaintiff also sought the court to make a declaration that an appointment to the office of Comptroller General of the Nigeria Customs Service shall not be made except with the recommendation of the Minister of Finance, and among Deputy Comptroller Generals, Assistant Comptroller Generals and or Controllers, in the Nigerian Customs Service of the Federation.

Furthermore, a declaration that the 4th Defendant a retired Colonel in the Nigerian Army is above sixty (60) years of age, a pensioner is not eligible for appointment into the Federal Civil Service regarding the Nigeria Customs Service.
In his statement of claim, plaintiff claimed to be a major importer, tax payer and anti-corruption activist whose business transactions are being hindered by the alleged unlawful, illegal and un-constitutional appointment of the ex Army Chief into the office of the Customs Comptroller General.

He averred that the Attorney General of the Federation (AGF), who was sued for President Buhari, exercises powers of ensuring that the 1999 constitution and other relevant laws are observed, secured and guaranteed to all Nigerian.
Plaintiff added that retired army officer  lacked the training and technical know-how on the statutory functions of the customs to which he was illegally and un-constitutionally appointed to head as the Comptroller General.
Besides, plaintiff claimed that the unlawful appointment by the President has destroyed the career of many high ranking well-trained Customs officers and that the action has posed a great danger to professionalism in the Customs Service.

He also asserted that as at August 27, 2015 when the purported appointment was made, there was no Minister of Finance in place and as such, the President could not have acted on the recommendation of the Minister as stipulated by law.
Plaintiff insisted that Col. Ali (rtd) by operations of the Public Rules cannot be appointed into the Service of the Customs without due compliance of the said rule, having not being a Public Officer.
He averred that his overseas business partners have indicated that they will no longer ship goods for him into the country because of the appointment of a non- career and untrained person as Customs Boss so as not to be associated with illegality.

Besides, Plaintiff further explained that the World Customs Organization is contemplate boycott of the Nigerian Ports and that he would be cut off from clearing and importation business unless the court intervenes in the alleged unlawful appointment.
He therefore asked the court to hold that the purported appointment of a retired army officer without any iota of training in any sector of the Nigeria Customs Service is illegal, un-constitutional and a clear violation of the Nigeria Customs Service Public Service Rules.
The  matter has been adjourned to February 14 for hearing.