Lawyers examine Customs CG’s uniform dispute with Senate

It all began with the proposal by the Nigeria Customs Service (NCS) to impose import duty on vehicles purchased from 2015 through the land borders of the country.  This agitated many Nigerians. The Senate’s initial directive to the NCS to stop the plan was flouted as the NCS insisted on going ahead with the plan, […]

It all began with the proposal by the Nigeria Customs Service (NCS) to impose import duty on vehicles purchased from 2015 through the land borders of the country.  This agitated many Nigerians.

The Senate’s initial directive to the NCS to stop the plan was flouted as the NCS insisted on going ahead with the plan, though it granted vehicle owners 60 per cent rebate on duty to be paid.

Angered by this, the Senate summoned the NCS Comptroller General, retired Col. Hameed Ali, to appear before it to explain why the resolution to suspend the policy was flouted. They added a warning that he must appear in uniform. When he appeared on Tuesday in mufti, the senators turned him back. He has till Wednesday, March 22, to appear in uniform.

The development has elicited a lot of comments from Nigerians, among them seasoned lawyers. While many of them believe the CG should appear before the Senate in uniform, others question the relevance of such appearance.

Born January 15, 1955, Ali is a retired colonel of the Nigerian Army. He is above 60 years and a pensioner. He was appointed CG NCS by President Muhammadu Buhari in August, 2015. Ever since then, Ali has never put on the customs uniform even for a day.

Presidential adviser on prosecution, Barrister Obono-Obla, said over the weekend that the CG is not a serving Customs (commissioned) officer so the question of wearing uniform does not arise.

“He was appointed by the President pursuant to Section 171 of the Constitution. Apart from setting up an investigation committee under Section 88 thereof or inviting a minister under Section 67 (2) of the Constitution to explain the affairs of his ministry when the affairs of the ministry are under discussion; where has the Senate got the power to summon a head of an extra ministerial department and order him to wear uniform,” Obla said.

According to Jubril Okutepa SAN, the directive or resolution of the Senate that the CGC Hameed Ali must put on uniform is not only ultra vires the constitutional duties of the Senate, but a complete usurpation of the executive powers.

“Assuming that wearing uniform is compulsory for the CGC and is a breach of any known law, not conceding, it is not the duty of the Senate to constitute themselves into armed sentry to look for law violators and to be enforcing the law.

“I think this particular act is more of mundane ego massaging than oversight responsibilities of the Senate. If I were the CGC I will go to the appropriate authorities to find out if the Senate has got the powers to direct me to wear uniform as done in this case. 

“We seem too eager to allow our emotions becloud our senses in this country always. Let the Senate devote time to consider bills that are before them than this mundane ego massaging acrobatic misuse of oversight functions that serves no useful purpose,” Okutepa asked.

Barrister Abubakar Sani said his personal search has failed to unravel any law which compels the CGC to wear uniform.

“Indeed, the fact that the current CGC was appointed from outside the service (he retired as a Military Policeman) would suggest otherwise. 

“However, Senator Dino Melaye has pointed out, albeit inferentially, that a one-time head of a sister agency, retired General Anthony Hananiya, wore the uniform of the Corps Marshall of the Federal Road Safety Corps when he headed that agency. Was he comparing grapes with apples? This is because Section 18(3) of the Federal Road Safety Commission Act 2007 specifically mandates a uniformed member of the Corps to be in his uniform whenever he is on duty in his office or on the highway,” he said.

Sola Egbeyinka of the Abuja office of Femi Falana firm said there should be no controversy over the issue of putting on uniform by the CG of Customs but the issue should be on the policies and nature of service the organisation is delivering to Nigerians.

“I do not think he should appear either in military or paramilitary attire. One, he is a retired army colonel.  He is not an officer of the Nigerian Customs Service,” he said. “What we should be concerned about is can he tackle the problems of the Nigerian Customs Service?,” he said.

However, some lawyers have picked holes on the failure of the CG to turn out in uniform. Among them, constitutional lawyer, Mike Ozekhome (SAN) who said the CG must comply with the law by appearing in uniform, adding that anything short of that would be akin to impunity.

Citing Regulation 31 of the Nigerian Customs and Excise Management Act (CEMA) 2004, which provides that “clothing shall be of such pattern and worn by officers as the Board shall determine,” and Section 8 of the Act, which equates the powers of the Customs officers to the police, he said Ali must wear uniform like police officers.

He added that precedents have been set by previous CGCs.

Lagos based lawyer, Dr. Abiodun Layonu (SAN) said even if it was not outrightly on statutory basis, “the CG of Customs ought to on conventional, expectation and moral basis and respect for the Senate as an institution and pride in the customs, dress in the customs uniform.”

On whether there are legal sanctions that the Senate can implore if and when the CG refused to put on the uniform come Wednesday when he is scheduled to reappear before them, Layonu (SAN) said there are “several political ones. They may pressure the president to remove him; they may refuse to cooperate with customs which somewhere along the line will need the Senate.”

A lawyer who doesn’t want to be named said a look at Section 3.11:1 of the Federal Republic of Nigeria Official Gazette No 24 Vol. 89 of 25th March 2002 shows that the choice of the Comptroller-General of Customs shall be by “appointment of a suitable Deputy Comptroller-General of Customs (General Duty).”

He said for someone (Ali) to be cautioning the Senate on the illegality of asking him to wear uniform is an anomaly.

Investigations show that some ex-heads of government organisations did not wear uniform; such as, Dr Olu Agunloye; Corp Marshal  FRSC; Lanre Ipinmisho; DG,  NDLEA, AIG Oyakhilome; DG, NDLEA; Gen Ishaya Bamaiyi; Chairman, NDLEA, AIG Fulani Kwajafa; DG, NDLEA, Nuhu Ribadu; Chairman, EFCC, Farida Waziri; Chairman, EFCC, Ibrahim Lamorde; Chairman, EFCC, Ibrahim Magu; Ag. Chairman, EFCC and Muhammad Abdallah; Chairman, NDLEA.  Those who wore uniforms are: Roli Bode-George; DG, NDLEA; Haliru Mohammed Bello;   CG Customs, Brig. Gen Samuel Ango;  Sole Administrator, Customs and Maj. Gen Halidu Hananiya;  Corps Marshal,   FRSC.