Report Of The House Committee On Public Petitions On The Petition By C.O. Bosa & Co. On Behalf Of Olorunhundo G. Segun Against Nigeria Customs Service Board On The Unlawful Termination Of His Appointment From Service

  1. PREAMBLE:
  1. The House of Representatives at its Sitting on Tuesday 4th April, 2017 received a petition from Hon. Yusuf Ayo Tajudeen on behalf of C.O. Bosa & Co solicitors to Mr Olorunhundo G. Segun against Nigeria Customs Service Board on the unlawful termination of his appointment which was referred to the Committee for further legislative action.
  • PETITIONER’S PRESENTATION:
  • Mr Olorunhundo G. Segun was offered an appointment by Nigeria Customs Service Board as Assistant Superintendent of Customs Grade 11 (CONSOL 08) on the 15th of June, 2011.
    • That he was serving at Apapa Area Command Lagos with AP Moller Terminal (APMT) and his schedule of duty as authorised by the DC APMT was to witness all containers dropped for examination at APMT vide authority Memo dated 4th of September, 2014 by the DC (APMT).
    • That on the 10th of September, 2014 when he was going to pick up his car at APMT Terminal, AC Sulaiman B.M. gave an envelope purported to contain left over SGD documents to be delivered to his colleague AC Mayaki, who was the acting DC Terminal.  When he got to AC Mayaki, AC Sulaiman spoke with him through the petitioner’s phone explaining the detail information on the document, which does not fall within the purview of his duty.
    • That he was not an examination officer as alleged, neither did he draft examination report, but rather to witness only containers dropped for examination to ensure the seals are cut and report all sightings in their register to the OC (CSC) Aliyu, G.I. which is kept in Apapa (APMT) customs office.
    • That he sighted only 3 containers against 14 alleged containers which the investigation unit invited him to appear on 22nd October, 2014 which were examined by ACIC Owunaka T.
    • That he didn’t know if the remaining were part of the left over SGDs, Assistant Comptroller (AC) Sulaiman B.M. has asked him to take to AC Mayaki, but evidence of sighting if the 3 containers were as follows:-
  1. MRKW 2096561 01x40FT STC Soldering Iron, ear piece and USB charger;
  2. PCIU 5497228 01x40FT STC Pharmaceutical Products;
  3. POCU 0444753 01x20FT STC Imitation Jeweries.

All the evidences were shown to his Acting DC Terminal.

  • INVESTIGATIVE HEARING:
  • The investigative hearing was concluded on Tuesday 19th September, 2017 after several hearing with the petitioner appearing with oral and documentary evidence in all the hearing, while the Nigeria Customs Service Board never appeared nor send any document in defence of the petition.
  • RESPONDENT’S  PRESENTATION:
  • The Committee was unable to get any submission or oral presentation of the Board on the petitioner’s case because of the consistence none appearance of the Nigeria Customs Service Board for once
  • COMMITTEE FINDINGS:

The Committee after careful study of the documents and oral presentation of the petitioner came up with the following issues for determination:-

  • What led to the termination of the petitioner’s appointment
    • Whether the termination of the petitioner’s appointment follow due process;
    • The reason Nigeria Customs Service Board fail to appear in all the investigative hearing;
    • Arising from the affirmation the Committee observed as follows:-
      • That the reason behind the termination of the petitioner’s appointment is completely outside the schedule of duty or responsibilities of carrying out examination of goods and releasing any container, rather he is responsible for physical sighting of goods, thereafter the goods goes to the examination officer who takes responsibility and writes his report to the Chief examiner who has the power to release any container.
      • That the only reason given by the petitioner as the cause of his ordeal by Nigeria Customs Service Board was the allegation of involvement in the improper examination of 9x 40ft and 5x20ft containers without proper customs documentation and payment of duty, which the resultant effect is punishment under PSR 030402 (W).
      • That the action taken against the petitioner by the Nigeria Customs Service Board out rightly, denied him of all rights in the Civil Service Rules and the NCS Condition of Service.
      • That if not strong reasons was given for the termination of the appointment of the petitioner other than the allegation of improper examination of 9x 40ft and 5x 20ft containers without proper customs documentation and payment of duty, which detail was not disclose to the Committee, it means that due process was not properly followed in the termination of the petitioner’s appointment.
      • That the Nigeria Customs Service Board failed to appear during the investigative Hearing of the case because of lack of oral and documentary evidence and defence on the petition.
      • That having put in only 5 years of service as a confirmed officer without query or any disciplinary actions against him as stated in his petition, it means that the Nigeria Customs Service Board need to reconsider its case with a view of re-instating him back to office.
      • Sequel to this, the petitioner’s termination of appointment should be reversed by the NCSB and the real culprits responsible for the allegation, who are still in the service be punish for committing such offence.
  • COMMITTEE RECOMMENDATION/CONCLUSION:

6.1     In view of the above findings, the Committee recommends urging the House to direct the Nigeria Customs Service Board to re-instate the petitioner Mr Olorunhundo G. Segun to the Nigeria Customs Service Board.

6.2     Pay him all the arrears of his salaries, allowances and entitlements with effect from 13th October, 2016 in which his appointment was wrongfully terminated.

Rep. Uzoma Nkem Abonta                       Omale A. Adoyi

Chairman                                                         Committee  Clerk