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Home » GROUP CARPETS CUSTOMS OVER ARREST, DETENTION AND TRIAL OF MR LUCKY AMIWERO

GROUP CARPETS CUSTOMS OVER ARREST, DETENTION AND TRIAL OF MR LUCKY AMIWERO

by Joshua
May 3, 2012
in Uncategorized

A maritime industry non-government organisation; the Maritime Industry Advocacy Initiative (MAIN) has risen in condemnation of the Nigeria Customs Service for its recent action against a frontline freight forwarder, Mr Lucky Amiwero, who was last week arrested by enforcement officers from the Customs Federal Operation Unit in Ikeja.
In the first reaction by stakeholders in the Nigerian maritime sector, MAIN, in statement issued in Lagos expressed strong opposition to the way and manner in which the Customs arrested and subsequently detained Mr Amiwero for five days.

A maritime industry non-government organisation; the Maritime Industry Advocacy Initiative (MAIN) has risen in condemnation of the Nigeria Customs Service for its recent action against a frontline freight forwarder, Mr Lucky Amiwero, who was last week arrested by enforcement officers from the Customs Federal Operation Unit in Ikeja.
In the first reaction by stakeholders in the Nigerian maritime sector, MAIN, in statement issued in Lagos expressed strong opposition to the way and manner in which the Customs arrested and subsequently detained Mr Amiwero for five days.
Having watched the shameless display of naked power by the Nigeria Customs Service and having waited for days to see if anyone or group will be bold enough to challenge or correct the Customs over its attempt to kill an ant with a sledge hammer, we are compelled to call on all well-meaning maritime industry stakeholders join us to condemn the action of the Customs.
We are quite aware of the battle for the soul of the National  Council of Managing Directors of Licensed Customs Agents   between ‘ forces’ loyal to the embattled Mr Lucky Amiwero and those loyal to another claimant; Chief Festus Ejiofor, we are also well aware that the matter is before the Federal High Court.
Therefore, details of their claims and counter claims are not of importance to us, as we acknowledge the powers of the Court to decide who the authentic national president is.
We are also aware that Mr Amiwero is the known originator of the petition that instigated the  recent cancellation of the controversial Customs duty benchmark.
Significantly also, we are in possession of the charge sheet in the case instituted by the office of the Attorney General of the Federal (in rem) against Mr Lucky Amiero.
We are equally aware that the embattled frontline industry player has not violated any provision of either the Customs and Excise Management Act or the import guidelines to warrant the Customs arresting him. If he had, the charge sheet would have indicated so.  
It is curious that Mr Amiwero has been kept out of circulation and away from his family, since April 26, 2012 by the Nigeria Customs Service for laying claim to the office of National President of the National Council of Managing Director of Licensed Custom Agents.
 The first three of the four-count charge indicate that, that was his offence.
The fourth charge was that he disallowed agencies of government from performing their lawful function, which is, resisting arrests by men of the FOU. We leave that to Justice J.O Okeke to decide, it is not within our purview since we were not at the scene of the arrest and since it is already a matter for determination.
If there is no ulterior and unGodly motive behind the actions of the Nigeria Customs Service, it should not be seen to be poking its nose into a purely intra-association leadership dispute, and which has nothing to do with the reasons for which the Customs could arrest any practitioner. Certainly, Mr Amiwero was not accused or arrested for under- declaration, under- payment, under- valuation or even smuggling.
The case between the warring factions in the association is due for possible ruling before another Judge at the same Federal High Court on May 9, 2012.
It is very obvious that Mr Amiwero’s offence is the petition which he wrote to the Presidency, the Senate and the Ministry of Finance  and which led to the cancellation of the high-controversial benchmark and the Customs just couldn’t wait for any opportunity (no matter how spurious ) to go for him.
We are of a very strong opinion that the Nigeria Customs Service erred in law by arrogating to itself the functions of the Nigeria Police, by arresting Mr Amiwero for claiming to be the National President of the Council of Managing Director. It is the duty of the Police and the court to determine the genuineness of his claim.  
The Customs action smirks of a relapse to the dark days of the military when possession of the military or para-military uniform was enough to lock anyone up.
All selfless maritime industry stakeholders and groups should rise up to condemn the action of the Nigeria Customs Service, even as we all await the end of this shameless drama.
Even if the Customs is able to secure a conviction on the fourth charge, it will still not wipe- off the fact that it only set a trap for its prey so as to punish him for making the Service to lose its anticipated proceeds from benchmark and for forcing it to bow to a superior argument.
The danger in this is that, if it is allowed to go unchallenged, it is only a matter of time before someone else becomes the next victim.


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