Justice Ibrahim Ahmad Kala of a Lagos Federal High Court, has restrained the Nigeria Customs Service (NCS) and six others from tampering, transferring and selling 19 containers allegedly seized from a company, Rahamaniyya Rice Limited.
The judge also ordered the Customs and other respondents to retrieve the goods in the seized containers which were discharged by the company at the Apapa Port, but allegedly forfeited and transferred to a third party unlawfully.
Justice Kala made the above orders while granting an Exparte motion marked FHC/L/CS/2436/2025, filed and moved by the plaintiff’s lawyer, B. O. Ayedemi, on Thursday.
Other respondents Comptroller-General of the Nigeria Customs Service; Emmanuel Oshoba, Nigeria Custom Services Area Controller, Apapa Area Command, Lagos State; Smart Akande, Director Legal Services/Legal Adviser, Nigeria Custom Service Abuja; the Managing Director, APM Terminal; the Managing Director, Ocean Network Express (ONE) and Folash Logistics Nig. Ltd.
The 19 containers were said to be containing agricultural machineries which include; Machines for cleaning, sporting or grading seed, Grain or dried pre-cleaner RPCC 3 and ACYF-LC; elevator and husk conveying fabrication Items.
The containers numbers and Liner and Seal numbers are: NYKU4914595, IN1527642; NYKU5196092, IN1527643; FSCU8617507, IN1609500; GCXU5209887, IN2526862;
FDCU0450348, IN1526866; ONEU1028647, IN1526868; GCXU5261289, IN1526870; SEGU4903230, IN1526874; ONEU0111340, IN1526877;
TCLU6461667, IN1527620; TCNU4887136, IN1527644; SEGU4992027, IN1527646; GAQU6496434 IN1527657; KKFU7954101, IN1527608; ONEU1736501, IN1527660; ONEU0286170, IN1609477; TCLU5969165, IN1527624; TCLU8911280, IN1609461 and TRHU7418054, IN1526880.
The plaintiff through its lawyer had informed the court that the motion Exparte is pursuant to Order 28 Rule 1, 2 and 3 of the Federal High Court Civil Procedure Rules (2019), and under the inherent jurisdiction of the Court.
The plaintiff had prayed the court for several reliefs which includes the orders made above.
In granting the above orders, Justice Kala held that; “upon reading the Motion Exparte and the Sworn Affidavit of Zayyanu Musa Basir, disposed therein. And after hearing, B. O. Ayedemi Esq., Learned Counsel for the Plaintiff/Applicant.
“It is hereby order as follows:
(1) Order as prayed as per prayers 3 and 4 only.
“That Order of Interim Injunction is hereby granted restraining the Respondents either by themselves, agent, privies from tampering, transferring, auction and/or dealing or disposing in whatever forms with the Goods of the Applicant discharged at the Apapa Port consisting of Agricultural Machineries to wit; Machines for Cleaning, Sporting or Grading seed, Grain or dried Pre-Cleaner RPCC 3 and ACYF-LC and Elevator and Husk Conveying Fabrication Items in an unlawful and unauthorised way that can damage, devalue and depreciate the Goods pending the determination of the suit to be filed by the Applicant before this honourable court.
”That the Respondents is hereby order to retrieve the Goods of the Applicant discharged at the Apapa Port consisting of Agricultural Machineries to wit; Machines for Cleaning, Sporting or Grading seed, Grain or dried Pre-Cleaner RPCC 3 and ACYF-LC and Elevator and Husk Conveying Fabrication Items unlawfully forfeited and transferred to a third party by the Respondents, cleared by the 4th Respondent on behalf of the 5th Respondent pending the determination of the suit to be filed by the Applicant before this honourable court.”
The matter has been adjourned to January 19, 2026, for the hearing of the substantive suit.
