A businessman based in Delta State, Mr. Onainor Patrick Ewere, has initiated legal action against the Comptroller-General of the Nigerian Customs Service and other parties in the Federal High Court sitting in Asaba, Delta State.
The case centers around the ownership of a Lexus GX 460 with Chassis Number JTJBM7FX6C5045457.
In a writ of summons dated October 4, 2024, under suit number FHC/ASB/CB/115/2024, Mr. Onainor is the plaintiff, while the defendants include the CG of the NCS, the Commissioner of Police for Delta State, Mr. Phillip Charles Utienyinrestsola, and car dealer Kazeem Balogun.
A copy of the document, obtained The PUNCH, outlines Mr. Onainor’s claim that he is the rightful owner of the vehicle and entitled to its possession.
The writ commands that, “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.”
Additionally, the writ contains a request for “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 C Number-C28160 and Engine Number IUR0253508, subject matter of this suit.”
Mr. Onainor argues that the auction sale of the vehicle by the first and second defendants to the fifth defendant was illegal, null, and void. He asserts that the fifth defendant did not possess any legitimate title to transfer ownership of the vehicle to the fourth defendant.
In his declaration to the court, Mr. Onainor explained that he had previously informed the officers of the second defendant that the vehicle was duly cleared by Customs officials stationed at Tincan Island, Apapa, Lagos, after he paid all necessary fees, including a customs duty assessed at N700,440 at that time.
He stated, “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.”
Onainor further recounted how, while trying to resolve the issue regarding the additional customs duties, the officers from the second defendant acted aggressively and drove off with his vehicle.
He described their actions, “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.”
He noted that he received no notice of retention or seizure from the officers before his vehicle was taken. Despite numerous attempts to locate both the NCS officers and his vehicle since 2018, he was unsuccessful.
Onainor visited the office in Benin, only to be told that there was no vehicle matching his description in their custody.
He elaborated on his attempts to locate the vehicle, stating, “I 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.”
Officers informed him that no vehicle matching the description was found within the Nigeria Customs Service’s custody, indicating that the vehicle had been reported stolen in 2018 and recovered only in July 2024.
He claimed the vehicle had been repainted black and its external features altered to obscure its identification.
The plaintiff stated that the vehicle was intercepted by the police in July 2024. Mr. Utienyinrestsola was subsequently arrested in the Warri area after failing to prove his ownership of the vehicle, which he claimed to have purchased from Kazeem Balogun, who in turn alleged he acquired it from a Customs auction.
It was reported that both Mr. Utienyinrestsola and Balogun have since been released, while the disputed vehicle remains in the custody of the Delta State police.
Attempts to reach the spokesperson for the NCS, Abdullahi Maiwada, were unsuccessful, as calls and messages went unanswered at the time of this report.
However, an officer from the NCS Public Relations Unit, who requested anonymity due to a lack of authorization to discuss the case, remarked, “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.”
