As regards to the level of conflict in one of the Customs implementations projects, a Federal High Court in Abuja has restrained and stayed the Federal Government in Nigeria from enforcing any more directives to the very controversial Customs Modernisation Project, otherwise known as e-Custom which was executed by its agents on May 30, 2022.
The Nigerian Custom Service, Trade Modernisation Project limited, Huawei Technologies Company Nigeria limited and African Finance Corporation are some of the agents who allegedly executed the disputed concession project.
The court also issued an order of interim injunction against the Federal government or its agents acting through the Federal Executive Council, FEC, from retrospectively ratifying the decisions to concession the Custom Modernisation Project also known as e-custom project to Trade Modernisation Project limited, Huawei Technologies Company limited and African Finance Corporation.
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The restraining order issued by Justice Inyang Ekwo of the Abuja division of the court shall last till the hearing and the determination of a suit brought against the Federal Government by two aggrieved companies. An enrol order issued by the court dated June 17, 2022, was also signed by Justice Inyang Eden Ekwo.
The two aggrieved companies are: E-Customs HC Project Limited and Bionica Technologies ( (West Africa) Limited, which jointly challenged the alleged unlawful and fraudulent concession of the e-custom project to African Finance Corporation
Counsel to the two aggrieved companies, Mr Anone Usman had on behalf of the two plaintiffs argued an ex-parte application, in which he prayed the Federal High Court for interim orders against the defendants to protect the interest of his clients.
Justice Inyang Ekwo, while ruling on the ex-parte application granted the prayers of the plaintiffs having placed sufficient evidence of interest in the concession project. The Judge also granted permission to the aggrieved companies to serve a Writ of Summons and all other processes on the African Finance Corporation at its head office, located at Ikoyi, Lagos, through DHL courier services.
Defendants in the suit are the Federal government of Nigeria, Attorney-General of the Federation (AGF), Finance Minister, Infrastructure Regulatory Concession Commission, (IRCC) Nigeria Custom Service, Trade Modernization Project limited, Huawei Technologies limited, African Finance Corporation and Bergman Security Consultant and Supply limited as 1st to 9th defendants, respectively.
Justice Ekwo subsequently fixed June 28 for hearing in the matter.
