The Nigerian Court of Appeal has delivered a significant ruling against the Nigerian Customs Service (NCS), declaring the imposition of import duties on personal items to be unlawful.
The judgment follows a legal battle initiated by constitutional lawyer Chikaosolu Ojukwu, who was detained at Abuja’s Nnamdi Azikiwe International Airport in February 2022 after customs officials demanded a duty payment of N404,417 for four iPhone 13 Pro devices he had brought into the country for personal use.
Ojukwu had explained that the phones were not for resale but for his personal use and as gifts for family members.
Despite this, customs officials confiscated the devices and only released them after he paid the demanded amount.
Ojukwu then filed a lawsuit against the NCS, claiming extortion, unlawful detention, and a violation of his fundamental rights.
In June 2023, the Federal High Court in Abuja ruled in Ojukwu’s favor, ordering the NCS to refund the N404,417, pay N5 million in damages, and return the seized phones.
The NCS appealed the ruling, but the Court of Appeal upheld the decision in full.
The Court of Appeal’s ruling underscores the exemption of personal effects from import duties for Nigerian travellers who have been abroad for less than nine months.
The court also rejected the NCS’s classification of iPhones as luxury goods, reaffirming that personal items, irrespective of their value, are not subject to arbitrary taxes.
Additionally, the appellate court condemned the actions of the customs officials, including Ojukwu’s detention and denial of access to his medication, as unlawful.
It also criticized the customs service’s evidence as unreliable and emphasized that their conduct violated the plaintiff’s constitutional rights.
Segun Fiki, Ojukwu’s counsel, praised the ruling, stating that it reinforced legal protections against extortion and harassment by customs officials.
Legal experts believe the judgment serves as a strong reminder that government agencies must operate within the law, with one analyst noting that it is a victory for accountability and a call for customs to reform its practices.
As a result of the ruling, the NCS has been ordered to refund the N404,417 paid by Ojukwu, pay the N5 million damages, and return the confiscated iPhones.
This case has been hailed as a major step toward protecting the rights of Nigerian travellers and curbing misconduct within the customs service
