Court strikes out suit against Customs boss appointment

The Federal High Court in Ikoyi, Lagos today nullified the suit filed by Lagos-based lawyer, Ebun-Olu Adegboruwa, calling for the nullification of the appointment of Colonel Hameed Ali (rtd) as the Comptroller-General of the Nigeria Customs Service (NCS).

The case was instituted in November 2015 to challenge the appointment of Ali as the Comptroller-Generalof Customs by President Muhammadu Buhari.

The Justice Muslim Sule Hassan-led court heard arguments from counsel to the parties on June 15, 2016 and adjourned to Friday, September 16, 2016, for judgment.

In its judgment, the court held that the President is empowered under section 5 of the 1999 Constitution, to exercise all executive powers, either by himself directly or through officers delegated for that purpose.

The court held further that under section 171 of the same constitution, the President is empowered to appoint public officers and thus, the appointment of Ali was validly made and same would stand in law, notwithstanding any non compliance with any existing gazette to the contrary.

Noting that Adegboruwa merited the qualities narrated in his affidavit to qualify him to institute the action in court, the court ruled that he had not shown sufficient or special interest that robes him with the requisite locus standi to maintain the action, not being a customs officer himself and having not shown any way in which he has been or would be affected by the appointment.

The lawyer  had also sought  the interpretation of the court as to whether the President could appoint anyone as Customs Comptroller General without complying with section 3 of the Official Gazette of the Federal Republic of Nigeria made on 25th March 2002

The gazette has stipulated that only those within the rank of Deputy Comptroller General of Customs could be elevated as substantive Comptroller General.

The NCS responded to the case by filing a preliminary objection dated 29th April, 2016, challenging the locus standi of the applicant to file and maintain the suit.

It contended that Adegboruwa’s suit was a mere academic exercise raising hypothetical questions that the court should not entertain.