Former member of Nigeria’s junior national basketball team, David Ode, has accused men of Nigeria Customs of deliberately orchestrating a compromise on duties paid on a luxury car he shipped from his current base in the United States to Nigeria.

Ode, a beneficiary of Athletic and Academic Basketball scholarship played as semi-professional with high riding Nigerian Basketball teams including Benue Braves, Niger Porters and the Nigeria’s Under 21 national Team before immigrating to the United States under the scholarship programme.

Now a permanent resident in Maryland, USA where he serves as a Compliance and Civil Rights Administrator at the University of Maryland, Ode is pained that his attempt at going into a venture that could enable him contribute to Nigeria’s growth would come with a sour tale in the hands of men of Nigeria Customs, despite doing everything possible to ensure it is done within the confines of legality. But he has said he is not going to let this lie low, as he has instituted a legal case against the Nigeria Customs in which he is alleging Criminal Extortion in the hands of officials of the Federal Operations Unit, Ikeja.

In a suit filed on his behalf by Toluwani Adebiyi Esq. and Benjamin Ode, who is also a principal witness, at the Federal High Court in Lagos via an originating application, Ode is claiming that the men of the Nigeria Customs in the said unit connived with a clearing agent, one Mr. Eze Collins, who handled the shipment to short-change him.

Ode disclosed that he paid an initial sum of N850,000 to cover the cost of shipment and duties, as allegedly quoted by the Nigeria Customs, for the vehicle, a 2008 Model of Mazda CX9, into Nigeria through the Apapa Port in 2016.

Having thought that he had satisfied all legal obligations involved in the clearance of the car for use in Nigeria, Ode said he was dumbfounded to hear that the same vehicle that was certified cleared by officials of the Nigeria Customs was impounded along Ijebu-Ode road axis while being taken to Benue State for delivery.

Although after several efforts and money spent the vehicle was released, Ode felt he would not let this just die, hence has decided to slam a N50 million damages on the Nigeria Customs. The legal battle started since 2017 with a petition and Pre-Action Notice issued on his behalf by his counsel, Benjamin Odeh ESQ of Benjamin Odeh and Associates detailing the incidence and the damages and addressed to the Comptroller General of Nigeria Customs in Abuja.

In a petition dated 25th of January, 2017, Ode, through his counsel, chronicled the incidence thus: “On the 9th of December, 2016, a Mazda CX9 belonging to Mr. David Ode who is a Permanent Resident in Maryland, USA which had already been cleared by one Eze Collins at the Tin Can Island Port was intercepted along Ijebu Ode road axis on its way to Benue State by Operatives of the Nigerian Customs Services and subsequently impounded and detained unlawfully for over one week.”

On the reasons given by the Customs for the impoundment, he stated: “The reason for the detention was that, duties paid on the car was under estimated.

“By our understanding of this, the actual duties due for payment on the vehicle (car) was not made, suggesting a kind of compromise arrangement between the agent and some officials of the Nigeria Customs Services at the port of clearance in Lagos.

“The most reprehensive aspect of this unfortunate incidence is the fact that the said car was assessed by officials of the Customs Services, duties paid and due process followed and the car was eventually cleared before delivery to the owner.”

The counsel said, “The question he said is begging for answers now is, who were the Customs officials who cleared the vehicle after duties were assessed and paid? Secondly, why was the vehicle which was cleared at the Nigerian Port, having gone through the necessary checks by officials of the Nigeria Customs only for the officials of the same establishment (Federal OperationsUnit) to impound the vehicle they have cleared?”

According to Barrister Ode, “this amounts to double standards and points clear to the rot that is existing within the rank and file of the Nigeria Customs.

“We state without equivocation that the Nigeria Customs has deliberately orchestrated the compromise clearing to extort money from innocent Nigerians who have endured this tortuous and degrading treatments over the years.”

This petition, however, did not receive the expected response and was followed with the pre-Action Notice issued to the Nigeria Customs on 14th June, 2017. In that memo, Barrister Odeh stated: “Take notice that we shall be proceeding to the Federal High Court sitting in Lagos in an action for the negligence praying the Honourable Court for a declaration that, the Seizure and impoundment of the Mazda Car CX9 on the 9th of December, 2016 was unlawful and amounts to a double standard.

The counsel to the Nigeria Customs, in response filed a preliminary objection to the case which has been mentioned at the Federal High Court sitting in Lagos. It has been adjourned to October 7, 2019. (Daily Independent)

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