Mr. Onainor Patrick Ewere, a businessman from Delta State, has initiated legal proceedings against the Comptroller-General of the Nigerian Customs Service (NCS) and others in the Federal High Court located in Asaba, Delta State. The case revolves around the ownership of a Lexus GX 460, identified specifically by its chassis number JTJBM7FX6C5045457. In a writ of summons dated October 4, 2024, Mr. Ewere asserts his rights as the legitimate owner of the vehicle, seeking clear possession and control over it. The legal action is captured under suit number FHC/ASB/CB/115/2024, with Mr. Ewere represented by his attorney, Mrs. Franca Ewere, against the NCS’s Comptroller-General, the Delta State Police Commissioner, and Kazeem Balogun, a car dealer.
The writ entails several commands, primarily instructing the defendants to appear in court within 30 days, warning that failure to do so could lead to a judgment being issued in the plaintiff’s absence. Mr. Ewere is not only asserting his ownership of the vehicle but is also contesting an auction sale that he deems illegal. He posits that the purported sale of the Lexus by the first two defendants (the Customs officials and the police) to a third party (Mr. Balogun) is null and void, as it was conducted without proper authorization or ownership transfer from him, clearly indicating that Mr. Balogun had no legal title to sell or transfer.
The plaintiff provides further details, explaining that on a return trip, Customs officials insisted he pay an extra N2,500,000 in cash, despite having previously cleared his vehicle and paying a total of N700,440 in customs duties. Mr. Ewere alleges that while negotiating the additional payment, his car was seized without any prior notice, rendering the actions of the Customs officials both unlawful and improper. Following this seizure, he was directed to report the matter to another office in Benin City. Despite multiple attempts to reclaim his vehicle from various Customs offices in Nigeria since 2018, Mr. Ewere claims that his efforts have been fruitless, as no records of his Lexus could be found.
Mr. Ewere claims that upon reporting the situation to the relevant authorities, he was informed that his vehicle, which was originally white, had allegedly been stolen and later recovered in July 2024 after being repainted black and modified to obscure its identity. This suggested that the vehicle underwent significant alterations in an effort to prevent identification and traceability back to him. The twist in this saga came when the police intercepted the vehicle in July 2024, leading to the arrest of Mr. Phillip Utienyinrestsola, who could not substantiate his claim of ownership, asserting instead that he purchased the vehicle from Kazeem Balogun.
Both Utienyinrestsola and Balogun have since been released from custody, while the locus of the disputed vehicle now lies with the police in Delta State. The situation reveals a complicated web of allegations and counterclaims regarding the vehicle’s ownership and its legal status. Attempts to contact the spokesperson for the NCS to obtain their perspective on the ongoing court proceedings were met with difficulties, as calls and messages elicited no response.
An unknown officer from the NCS Public Relations Unit commented on the situation, emphasizing that inquiries regarding the court matter should be directed towards the court itself rather than seeking commentary from the PR unit, thereby indicating a potential reluctance from the NCS to engage publicly on the case. Mr. Ewere’s legal action emphasizes the intricate nature of property rights disputes, especially regarding vehicles in Nigeria, while also spotlighting issues of accountability and transparency within governmental agencies like the NCS.
