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Exclusive! Customs heads to court to vacate injunction against Customs concession project

CGC, Ali

 

—-accuses aggrieved litigants of pulling out of project

Eyewitness Reporter

The Nigeria Customs Service has instructed its legal team to head to court in a bid to vacate the restraining order on the implementation of the $3.2billion Customs concession programme.

A Federal High Court in Abuja on Friday has restrained the Federal Government from enforcing or giving effect to an agreement on the Customs Modernisation Project otherwise known as E- custom allegedly executed by its agents on May 30, 2022.

Justice Inyang Ekwo issued the orders while ruling on an ex-parte motion filed by two firms – E-Customs HC Project Limited and Bionica Technologies (West Africa) Limited, which was argued on Friday by their lawyer, Anone Usman.

However, the Nigeria Customs, through its National Public Relations Officer, Deputy Comptroller Timi Bomodi, said the service will go to court to challenge the order.

In an exclusive interview with our reporter, Bomodi declared that the management of the agency will not engage in what he called small talk over the matter that is already in court because that would be sub-judicial.

”We will go to court”, he declared emphatically.

We can’t be making small talk over a matter that is already in court, that will be sub judicial.

”Customs will make its reaction in court and that will be for the public to judge what the issues are”, the Customs spokesman stated.

He further explained that the litigants, E-customs HC Project Limited and Bionica Technologies (West Africa) Limited, pulled out of the agreement on their own accord when they said they could not accept the terms and conditions of the projects.

Bomodi stated that the Trade Modernization Project Limited; Huawei Technologies Limited and African Finance Corporation, who eventually won the concession bid, agreed with the same terms and conditions that the litigants rejected for the same amount.

”The people that took the Customs to court were in the beginning part of the process, they disagreed with certain parts of the agreement and they couldn’t go forward.

”Of course, if you have some people who disagreed with what you are planning together and they pulled out and they were not asked to leave, they pulled out on their own, does that mean because they were there in the beginning, the project cannot go on?”, he asked rhetorically.

”That doesn’t make sense.

”The project was conceived to help the service better and those that we started the journey together couldn’t agree with the terms and conditions of the project and they left and some other people came in to take up their slot.

”Those ones said they could achieve the same results with the same terms and conditions which the other party rejected” Bomodi said.

He stated that the Customs shall argue its case in the court and will leave the judge to decide the merit or otherwise of the case.

Customs shall be in court and do the needful”, the Customs spokesman concluded with emphasis.

The court, on Friday, also issued an order of interim injunction against the Federal Government or its agents acting through the Federal Executive Council from retrospectively ratifying the decision to concession the Customs Modernisation Project also known as the e- custom project to Trade Modernization Project Limited, Huawei Technologies Company Limited and African Finance Corporation.

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 and other parties by two aggrieved companies.

The two aggrieved companies, E-customs HC Project Limited and Bionica Technologies (West Africa) Limited jointly challenged the alleged unlawful and fraudulent concession of the E-custom project to the defendants.

Counsel to the two aggrieved companies, Anone Usman, had on behalf of the two plaintiffs, argued an ex-parte application praying the Federal High Court for the interim orders against the defendants to protect the interest of his clients.

Justice Ekwo, while ruling on the ex-parte application, granted the prayers of the plaintiff 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 filed processes on the African Finance Corporation at its head office, located in Ikoyi, Lagos through DHL courier services.

Defendants in the suit are the Federal Government of Nigeria; Attorney-General of the Federation; Minister of Finance, Budget and National Planning; the Infrastructure Regulatory Concession Commission; Nigeria Customs Service; Trade Modernization Project Limited; Huawei Technologies Limited; African Finance Corporation and Bergman Security Consultant and Supply Limited being 1st to 9th defendants respectively.

Justice Ekwo subsequently fixed June 28 for the hearing in the matter.

The two plaintiffs had in their statement of claim narrated how they proposed to carry out customs modernization project through several government officials for the benefit of the Nigeria Customs Service.

They claimed that after a series of meetings and negotiations with some of the defendants, President Muhammadu Buhari granted anticipated approval for the e- custom Project

They averred that on September 2, 2020, the Minister of Finance presented a memo number EC2020/153 to the Federal Executive Council, (FEC) the highest decision-making body of the Federal Government, and secured approval for the two plaintiffs to be granted the concession.

Plaintiffs further claimed that trouble started when the Nigeria Customs Service unilaterally reviewed the FEC approval and imposed other conditions among which are the shareholding formula and governance structure.

They claimed that the power of the NCS to unilaterally review FEC approval was protested and that the Comptroller General of Customs stood his ground.

Plaintiff asserted that to their surprise, they read in the news that the Nigeria Customs Service had executed a concession agreement with Trade Modernization Project on May 30, 2022, Huawei Technologies Company and African Finance Corporation, in total breach of the Concession Agreement vetted by the AGF in conjunction with the Minister of Finance.

They averred that Trade Modernization Project was incorporated April 2022 at the Corporate Affairs Commission with one Alhaji Saleh Amodu, a close friend of the Comptroller General of Customs as the chairman.

Plaintiff asserted that the new company, having been just incorporated in April 2022, could not have obtained and did not obtain the full business case compliance certificate from the Infrastructure Regulatory Concession Commission and the approval of the Federal Executive Council to carry out the e- custom project.

They, therefore, asked the court to make a declaration that the decisions of the Federal Government and its agents to enter into a concession agreement with Trade Modernization Project, Huawei Technologies Company and African Finance Corporation in respect of the e-customs project is illegal, null and void, having been made in gross violation of Section 2 of the Infrastructure Concession Regulatory Commission Act 2005.

They also asked the court to declare that E-customs HC Project Limited is the approved and rightful concessionaire for the e-customs project as approved by the Federal Executive Council at its meeting of September 2, 2020 and in line with Section 2 of the Infrastructure Concession Regulatory Act.

They also applied for an order of the court directing the Federal Government through the AGF, Finance Minister, ICRC and NCS to consummate the E- custom project with the 1st plaintiff as approved by FEC in September 2020.

Besides, the two plaintiffs asked the court to compel the defendants to pay them a sum of Two Hundred Million Naira as the cost of litigation.

The Federal Government had on May 30, 2022  signed the e-Customs concession agreement with Africa Finance Corporation (AFC) and China’s Huawei Technologies Limited.

The Comptroller-General, Nigeria Customs Service (NCS) Hameed Ali, while signing the agreement in Abuja, enthused that the implementation of the project will generate a revenue of $176 billion over the next 20 years.

Ali said, the e-Customs concession project would ease the cost of doing business, boost revenue, enhance productivity and put a stop to every arbitrariness in the service.

“The $3.2 billion e-Customs project to be financed by the Africa Finance Corporation (AFC) and managed by Huawei Technologies Limited under a 20-year concession window, when fully implemented, will quadruple Customs’ current N210 billion average monthly revenue collection” Ali declared.

The agents who allegedly executed the disputed concession agreement are the Nigeria Customs Service, Trade Modernization Project Limited, Huawei Technologies Company Nigeria Limited and African Finance Corporation.

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Customs

Relief as Customs grants January 31st, 2026 extension for fast track operators to migrate to AEO

Funso Olojo
The Nigeria Customs Service has now extended the earlier December 31st, 2025 deadline for the migration of importers from fast track scheme to Authorized Economic Operator (AEO) to January 31st, 2026.
The extension, according to the Customs Authority, is meant to absorb more fast track operators into the AEO programme, deepen trade facilitation, secure supply chain and strengthen compliance in line with global standards.
As a result of the extension, Customs high command advised all existing Fast Track beneficiaries who are yet to complete their migration are to initiate and conclude their AEO applications through the official platform: aeo.nigeriatradehub.gov.ng.
“The extended timeline provides operators with ample opportunity to meet programme requirements and secure AEO certification without disruption to their business operations.
” For enquiries, technical support, or guidance, stakeholders may reach the dedicated helpdesk via aeo@customs.gov.ng.
“Only companies duly certified under the AEO Programme will continue to access the facilitation privileges previously available under the Fast Track Scheme.
The AEO Programme is a globally recognised compliance-based initiative that grants trusted operators enhanced benefits such as expedited cargo release, reduced documentation, lower inspection levels, pre-arrival processing, and greater predictability in cross-border trade.
” The extension reinforces the Service’s commitment to ensuring a seamless and inclusive transition process for all stakeholders.
“This decision to fully migrate from the fast-track scheme to AEO is consistent with the World Customs Organisation (WCO) SAFE Framework of Standards and is supported by Sections 108 to 111 of the Nigeria Customs Service Act, 2023.
To further support stakeholders and sustain ongoing sensitisation efforts, the Service will convene another comprehensive Stakeholders Engagement Forum to provide practical guidance on the migration process, demonstrate application procedures, and address compliance-related concerns.
 The forum is scheduled for Thursday, 18 December 2025, at the Lagos Continental Hotel, Lagos, from 0900hrs to 1600hrs.
“Participants will have the opportunity to interact with AEO implementation teams and obtain detailed information on programme requirements, benefits, and operational modalities.
“The NCS urges all fast-track beneficiaries to take advantage of the extension period, participate actively in the engagement forum, and complete their transition to the AEO Programme.
” This proactive involvement not only ensures compliance with applicable regulations but also enhances the supply chain’s effectiveness and sustainability, fostering a collaborative environment that benefits all parties.
“The Service remains committed to driving trade efficiency, enhancing Nigeria’s global competitiveness, protecting national revenue, and promoting a predictable, transparent, and secure cargo clearance ecosystem that supports legitimate business” the agency declared.
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Customs

Again, Customs, NDLEA Collabo intercepts 2,374 packages of Canadian Loud at Apapa Port

– Comptroller Oshoba warns illicit traders against daring resolve of Customs Officers at Yuletide season 
Funso OLOJO 
For the second times in a week,  the impregnable wall of surveillance mounted by the combination of the Apapa Customs and the  National Drug Law Enforcement Agency (NDLEA) against the exit of  illicit drugs from Apapa Port has interdicted a 20- foot container marked FCIU 6369526 laden with 2,374 packages of cannabis concealed in 55 bags with a  total weight of 1,187kg.
This interception, the product of a credible intelligence, came barely 5 days both agencies uncovered 25.5kg cocaine in a Brazilian flagged vessel.
The latest seizure was suspected to be
Canadian Loud, an expensive strain of cannabis concealed inside an imported vehicles.
 Both agencies, in the course of joint examination, discovered the seizure which has been taken into the custody of the NDLEA.
A breakdown of the drugs indicates that they were packed in 500 grams per sachet
Speaking on the seizure, Comptroller Emmanuel Oshoba, Customs Area Controller of Apapa Port Command, commended the robust synergy between the NCS and NDLEA while reiterating the service zero tolerance for smuggling.
 ” Few days ago, I stated that no consignment will exit our control from this port without due check. Our synergy as agencies of government will always put us ahead of criminal elements.
 “No matter the volume of trade we are processing, we will never sacrifice national security and economy for any form of trade.
“While we are focused on collecting maximum revenue for government, our eagle eyed officers are activated to be alert at all times.
 ” Let me warn, once again for the umpteenth time, any trader- importer, exporter, freight forwarder or licensed customs agent that dares our resolve this Yuletide season and beyond ,will face the full wrath of the law.
“Investigations are ongoing on this seizure and we shall bring the perpetrators to book” Comptroller Oshoba said.
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Customs

Comptroller Aliyu vows to sustain onslaught on smugglers as he assumes duties at FOU A

Funso OLOJO 
Comptroller Gambo Aliyu, the new controller of the Federal Operations Unit (FOU ) A of the Nigeria Customs Service, has expressed his determination to sustain the ongoing stranglehold on smugglers and other illicit traders within the Zone
Comptroller Aliu make this pledge on Wednesday, December 10th, 2025 when he assumed duties as the helmsman of the Zone A anti- smuggling unit.
He expressed gratitude to the Comptroller General of Customs, Adewale Adeniyi and his management team for the opportunity to serve in the unit.
The new controller also commended outgoing Controller of the Unit, Muhammed Shuaibu, who has been elevated to an Assistant Comptroller General for his outstanding service, achievement and pledged to consolidate on them for greater success.
“I assure you that we will consolidate on these achievements for even greater successes.
“The FOU Zone A plays a critical role in enforcing compliance,  suppressing smuggling and safeguarding the economic integrity of our dear nation.
” I am aware of the enormous responsibilities that come from this position especially within a zone as strategic, dynamic and challenging as Lagos and its environment.
“However, I am confident that with the cooperation and professionalism of the gallant officers and men of this command , we will continue to fulfill this mandate diligently.”
Aliyu, who until his new disposition, was the Customs Area Controller of Oyo/ Osun Command, outlined other key areas of focus that will guide the unit under his watch to include professional conduct and discipline among officers, stakeholders engagement as well as capacity building and welfare of officers.
He said, “High standards of ethics, discipline and integrity as well as accountability will remain non-negotiable.
” Every officer must ensure that their actions reflect the core values of the service.
“We will deepen collaboration with sister agencies ,community leaders and the trading public to strengthen border security and facilitate lawful trade.
“The motivation and welfare of officers will be prioritized to ensure improved efficiency and operational readiness.”
Aliyu assured stakeholders and the trading public that justice, equity and fairness will guide the unit’s actions at all times.
He added that the unit’s operations under his watch would be underpinned by three cardinal objectives including management change, compliance management, and reputation management.
He called on all officers and stakeholders to join hands with him in this new role, promising to operate an open door policy.
Earlier, in his valedictory speech,  outgoing Controller, ACG Shuaibu, highlighted the unit’s major successes during his seven-month tenure, which began on April 23, 2025.
He stated that the unit recorded a total of 476 interceptions, comprising 761 seized items with a total Duty Paid Value (DPV) of over N10.151 billion.
Some of the notable seizures listed included: 23,000 bags of 50kg foreign parboiled rice (equivalent to 38 trailers).
 98 ‘tokunbo’vehicles, 2,350 kilograms of Cannabis Sativa, and 1,820 jerry cans of Premium Motor Spirit (PMS).
Others are 15 assorted rifles and 4,841 rounds of ammunition, two industrial drones, 25 kilograms of crystal methamphetamine, and 4 cylinders of Russian-made explosives (each weighing 50kg), seizure of $30,000 and 110 CFA, totaling N31 million, which has been secured as final forfeiture to the Federal Government.
Additionally, he said the unit within the review period arrested 38 suspects and handed over eight containers of expired pharmaceutical products valued at N7.5 billion to NAFDAC, among other items.
Beyond enforcement, ACG Shuaibu stated that the unit recovered a total sum of N419,202,458.85 through demand notices issued on questionable declarations and undervalues, ensuring compliance with import and export regulations.
He attributed the successes to the unwavering support of stakeholders and dedicated officers, urging them to extend the same level of cooperation to Comptroller Aliu.
“I am confident that the foundation we have built will continue to flourish. Our shared objective remains to sustain prudent stewardship and strengthen the fight against smuggling.
” To my successor, I extend heartfelt congratulations on your appointment. I wish you great success and have no doubt that your leadership will usher in new perspectives and further advancement in these pivotal roles, ” he said.
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