Lawyer asks court to restrain NASS over CG Customs’ uniform

Stories by Vivian Okejeme Abuja

A maritime lawyer, Mohammed Ibrahim, has dragged the Senate to court over its decision compelling the Comptroller General, Nigerian Customs Service (NCS) Col. Hameed Ibrahim Ali (Rtd.) to wear the agency’s uniform. Specifi cally, he asked the Federal High Court, Abuja to restrain the National Assembly and their agents from compelling the Customs boss to wear uniform in the performance of his duties.

In the suit No FHC/ ABJ/CS/207/2017 fi led at the Federal High Court headquarters Abuja named the CG, NCS, the NASS, the Senate and the Attorney General of the Federation (AGF), Abubakar Malami, SAN as the fi rst to fi fth defendants. In the suit, the plaintiff is seeking for a court declaration that Col. Ali’s appointment as CGC cannot be subject to the provisions of Customs and Excise Management Act (CEMA) or any other law.

He is asking he court to make a declaration that Col. Ali who is not a commissioned offi cer of the NCS, is not mandated by law to wear NCS uniform and that the oversight functions of the NASS does not extend to compelling and mandating Ali to appear before it in uniform. Ibrahim is also asking for an order of perpetual injunction restraining both the NASS and the Senate from compelling the CG to wear uniform in the performance of his duties.

In a three- paragraph affi davit deposed to by one John Kyauta, in support of the case, the plaintiff said he is a lawyer who specialised in human rights enforcement, maritime matters and business law. He stated that his clients include business men, importers and exporters in which he had cause to interface with the NCS, adding that his clients were having some lingering issues regarding their importation businesses which could not be resolved by the NCS hierarchy in Lagos.

He stated that he sought the intervention of Col. Ali, adding that he was at the NCS Headquarters, Abuja to honor an appointment with the CGC but could neither see nor have audience with him (CGC) because he had been summoned by the Senate.

Th e plaintiff therefore wants the Court to determine whether Ali ‘s appointment by President Muhammadu Buhari, having been made pursuant to section 5 and 171 of the constitution can be subjected to the provisions of the Customs and Excise Management Act (CEMA) or any other law.

He further sort urged the court to determine whether there is any legal provisionthat prescribes the wearing of uniform as a condition precedent by Ali and whether Ali not being a commissioned Custom offi cer, is mandated or under compulsion to wear NCS uniform before performance of the duties of CG. Meantime, no date has been fi xed yet for hearing

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