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A Delta State-based businessman, Mr Onainor Patrick Ewere has dragged the Comptroller-General of the Nigerian Customs Service, among others before the Federal High Court in sitting in Asaba, the Delta State capital, over the ownership of a Lexus GX 460 with Chassis Number JTJBM7FX6C5045457.
In the writ of summons dated October 4, 2024, in a suit numbered FHC/ASB/CB/115/2024, between Mr Onainor as plaintiff and the CG of the NCS, the Commissioner of Police, Delta State Command, Mr Phillip Charles Utienyinrestsola and Kazeem Balogun as defendants, a copy of which was obtained by South-South PUNCH, in Asaba, Mr Onainor, through his lawful attorney, Mrs. Franca Ewere, told the court that the plaintiff is the rightful owner and entitled to absolute possession of the said vehicle.
It reads “You are hereby commanded that within 30 days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the instance of Mr. Onainor Patrick Ewere.
“And take notice that in default of your so doing the plaintiff may proceed therein and judgment may be given in your absence.”
The writ also contain
“An order of declaration of this honourable court that the plaintiff is the rightful owner and entitled to absolute possession of the vehicle, that is, Lexus GX 460 with Chassis Number JTJBM7FX6C5045457 and CNumber-C28160 and Engine Number IUR0253508, subject matter of this suit.”
He declared before the court that the purported auction sale of the vehicle, that is, Lexus GX 460 with Chassis Number JTJBM7FX6C5045457 and C Number- C 28160 and Engine No. IUR0253508, the subject matter of this suit, by the 1st and 2nd defendants to the 5th defendant is illegal, null and void.
The plaintiff said the fifth defendant at all material time had no title whatsoever to pass to the fourth defendant in respect of the vehicle.
Onainor stated that on his way back, he informed the said officers of the 2nd defendant that the vehicle was duly cleared by officers of the 1st defendant, stationed at Tincan Island, Apapa, Lagos State after payment of all the necessary fees, including the payment of complete Customs duties, which was assessed at N700,440 at the material time.
He said, “I showed the officers of the 2nd defendant proof of four payments of customs duties, issued by the Customs Office, Tincan Island, Lagos State, but the said officers of the 2nd defendant remained adamant.
“They said I must pay a further sum of N2,500,000 in cash as additional Customs duties, before the vehicle, subject matter of this suit is released to me.
“While I was still trying to sort out the issue of payment of the additional Customs duties, the officers of the second defendant became hostile and drove off with my vehicle, the subject matter of this suit.
“The officers said that they were conveying the vehicle to the office in Benin City, Edo State, where the vehicle will be detained until the issue of payment of Customs duties is resolved. I was told to report to the office in Benin to resolve the issue.
“No retention/seizure notice was given to me by the said officers before my vehicle was confiscated and carted away. All attempts I made to locate the NCS officers and my vehicle, the subject matter of this suit proved abortive since 2018.
“I, immediately reported to the office in Benin, where I was informed by officers in Benin that nо vehicle matching the description of my vehicle, subject matter of this suit, was brought to their custody.”
The plaintiff averred that he also reported the incident to the offices of the second Defendant in Warri in Delta State, Owerri in Imo State and Lagos State; but all attempts to locate the vehicle; the subject matter of this suit was futile.
He said officers informed him that no vehicle matched the description of the said vehicle in the custody of the Nigeria Customs Service (second defendant), anywhere in Nigeria, saying that the vehicle was stolen in 2018 and recovered in July 2024.
He said the vehicle which was white before Customs allegedly stole it had been painted black and its external features changed in order to make it difficult to trace.
The plaintiff said the vehicle was intercepted in July 2024, by the police. Mr Utienyinrestsola was arrested in Warri axis after he failed to prove his ownership and claimed that he bought the vehicle from Kazeem Balogun a car dealer in Lagos, who also claimed that he bought the vehicle from a Customs’ auction.
It was gathered that Messrs Utienyinrestsola and Balogun have been released while the said vehicle is currently at Delta State police custody.
Efforts made to reach the spokesperson of NCS, Abdullahi Maiwada, failed as calls and messages put across were not responded to at the time of filling this report.
But one of the officers at the NCS Public Relations Unit, who did not want to be mentioned because he was not authorised to speak on the matter, said, “I think, it’s not for you to call us about the court paper, it is left for the court to serve us the letter of invite, it has nothing to do with you.
“This is the Nigeria Customs Service PR unit, kindly write to the service.”
