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Import Duty On Personal Items Illegal – Court

Red Card For Customs

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By GWG Staff

The Nigerian Customs Service, NCS has been served a red card as it has been barred from collecting import duties on personal goods.

Justice John Tsoho of the Federal High Court gave the order as he affirmed that it was illegal for the Customs to collect import duty on items brought into the country for personal use.

He gave the order in a suit filed by Kehinde Ogunwumiju, SAN whose action followed the imposition on him of a duty of N156,995.20 on a Louis Vuitton computer bag in his baggage at the Nnamdi Azikiwe International Airport, Abuja on June 24, 2019.

The judge who asked that the money be refunded to the lawyer also stamped N5 million as exemplary damages to be paid by the Customs.

In the suit marked FHC/ABJ/CS/1113/2019, Ogunwumiju who was represented by Tunde Adejumo affirmed that upon section 8 of the Customs, Excise Tariff, etc. (Consolidation) Act and the 2nd Schedule to the Customs, Excise Tariff, etc. (Consolidation) Act, it was illegal for the Customs to have compelled him to have paid the money for the bag he bought for personal use.

Justice Tshoho in his ruling affirmed thus that: “The defendants having failed to establish via evidence that the said bag found in the Plaintiff’s baggage was meant for sale, exchange or barter, there was no legal basis upon which the officers of the Nigerian Customs Service demanded and collected import duty and other related charges from the plaintiff in respect of the said bag.”

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