Col. Hameed Ali (retd.) must go: Customs duty on old vehicles: Rights groups slam 30-day pre-action notice on Ali

www.odogwublog.com reports that three human Rights groups, World Alliance Against Terrorism, Violence and Inhuman Treatment, WAATVIT; Movement for Survival of Democracy, MSD and Civil Liberties Organization, CLO yesterday slammed a 30-day ultimatum on the Comptroller-General of Nigerian Customs Service, C-G NCS, Col. Hameed Ali (retd.) and the Nigerian Customs Service Board, NCSB within which to rescind their decision to impose duties on old vehicles.

In a pre-action notice served on Ali and the NCSB yesterday from their base in Onitsha, Anambra state, the group said if after the deadline Ali and the board failed to rescind the decision, they would activate the suit against them at the Federal High Court in Abuja.

The ultimatum was contained the pre-action notice jointly signed by Africa President of WAATVIT, National President of Movement for Survival of Democracy, MSD and legal practitioner in Onitsha, Dr. Anthony Orunkoya and Secretary-General of MSD and member of Civil Liberties Organization, CLO, Comrade Tochukwu Ikwuemesi.

In the eight-paragraph pre-action notice dated March 21, this year and addressed to both Ali and the NCSB, Orunkoya and Ikwuemesi insisted that if at the expiration of one month (i.e.) 30 days after the service of this notice and the NCSB fails, refuses, neglects and/or omits to recount its step on the directive to commence the impoundment of vehicles which duly passed through the borders under the watch of NCS and same vehicles having been duly registered and under use by their respective owners, including Barrister Anthony Orunkoya and Comrade Tochukwu Ikwuemesi, they shall be restrained to resort to the full weight of the law seeking redress.

The group contended that C-G's powers are statutory and cannot act solely on his own by making policy decisions that have over-reaching effect on the Nigerian population which includes the complainants without deliberation and formulation of such policy decision directive by NCSB duly constituted by the federal government in accordance with the enabling laws in that regard.

They therefore sought among other reliefs whether the C-G of the NCS by virtue of the provisions of Customs and Excise Management Act, CEMA and other enabling laws in that regard vis-a-vis the powers conferred on the NCSB by Section 4 of CEMA, can solely make policy statements or decisions without recourse to the NCSB.

They therefore sought a declaration that the directive of the C-G of the NCS to officers and men of NCS to commence nationwide impoundment of vehicles is ultra vire, his powers premised on non deliberations and resolutions of the NCSB duly constituted by the federal government in accordance with the enabling laws and therefore null and void.

An order restraining the C-G of the NCS, his agents, privies and anybody whatsoever acting on his directives from impounding any vehicle whatsoever, such vehicles having been hitherto cleared, registered and under usage, adding that it is their hope that good counsel shall prevail in this matter.