Justice Daniel Osiagor of a Federal High Court, has discharged Mr. Bashir Adewale Adeniyi, the Comptroller-General of the Nigeria Customs Service (NCS) of contempt charges.
Also discharged of the allegation is Dera Nnadi, the Area Comptroller, Tin Can Island Command.
Both the Customs’ C-G and A-C, were cited for alleged Contempt in a suit numbered FHC/L/CS/2638/23, by Justice Nicholas Oweibo, over non-release of some containers.
The plaintiffs in the suit are: Vinmar International Ltd; Prime Plastichem Nigeria Ltd and Lombardy Plastics Nigeria Limited. While the respondents are; Inspector-General Of Police; Assistant Inspector- General Of Police (Maritime Police Command); The Comptroller-general Of The Nigeria Customs Service; The Area Comptroller Of The Nigeria Customs Service, (Tin Can Island Port Command) and REI Ventures Limited.
Upon the services of the alleged Contempt of the two senior officers, Nigeria Customs Service through its lawyer, Mrs. Kehinde Bode-Ayeni, filed a motion to set aside the order as well, discharged the alleged contemnors, of the allegations.
In urging the court to set aside the orders, Mrs. Bode-Ayeni said her application is pursuant to Sections 6 (6) and 36 of the Constitution Of The Federal Republic of NIGERIA (As Amended) Order 43 Rules 1 and 3(2) of the Rules of the COURT AND under court’s inherent jurisdiction.
Specifically, Mrs. Bode-Ayeni asked the court for “an order setting aside the Forms 48 and 49 and its service on the defendants/applicants herein
“An order, joining Tincan Island Container Terminal Limited, as the Defendant to this action. And any other orders that the court may deem fit in the circumstances.”
The attached the application with an affidavit deposed to by one I, N. Akpan, Officer in charge of Legal Department of Nigeria Customs Service, Tin Can Island Port Apapa Lagos State.
Justice Osiagor after listening to the the Customs’ lawyer, moving the application and without any objections from other parties in the suit, granted the orders sought, and set aside the Forms 48 and 49 issued against the two senior Customs officers.