This Day (Lagos)

Nigeria: FG Clears Stallion Group

Lagos — The Federal Govern-ment has directed the Ministry of Internal Affairs, Economic and Financial Crimes Commis-sion, and two agencies - the Nigerian Customs Service and the Immigration Services - to comply with two court judgements, which cleared the Stallion Group belonging to the Vaswani Brothers who were last year deported from the country for alleged duty evasion and expatriate quota abuse.

Although the Vaswanis are of Indian parentage and hold British passports, most members of the family were born and have lived in Nigeria where they have engaged in business for close to five decades.

Justice A.O Ajakaiye of the Federal High Court, Lagos had in September last year dismissed the allegation of the N2.5 billion duty evasion brought against the Stallion Group by the Customs Service and directed it to withdraw the demand.

The judge described the demand as irregular and that the amount hitherto paid by the Stallion Group and other plaintiffs (importers) was in order.

Also, Justice Mohammed Liman of the Federal High Court, Lagos had in November last year nullified the April 2009 deportation of the Vaswanis and other expatriates working for Stallion.

It also restrained federal agencies "from confiscating or sealing the Vaswanis' business premises or in any manner whatsoever, haras-sing, intimidating or disrupting their operations."

According to presidency sources, Mohammed Bello Adoke, Attorney General of the Federation and Minister of Justice wrote and appended his signature to three of the letters - in compliance with President Goodluck Jonathan's directive instructing the MDAs to comply with the two judgements in favour of the Vaswanis.

The first of such letters was dated June 2 and sent to the head of the Customs Service, directing it to withdraw the N2.5 billion demand notices against the Stallion Group in conformity with the court judgement.

It was titled: Withdrawal of Illegal Demand Notices Issued by the Nigerian Customs Service for Payment of Duty on Rice Imported During the Waiver Period 7th May - 3rd October 2008 - Popular Foods Limited.

In it, the AGF drew the attention of the Customs Service to the subject and the president's directive on the issue."In view of Mr. President's directives, you are to withdraw the aforementioned demand notices irregularly issued against Popular Foods Limited by the Nigerian Customs Service for payment of duties on rice imported during the waiver period," wrote the AGF.

Following Adoke's letter to the Customs Service, the Comptroller General of Customs in a letter dated June 3, 2010 informed Popular Foods Limited (Stallion Group's subsidiary) about Jonathan's decision and the directive from the AGF and subsequently told the Stallion Group subsidiary that the demand notices had been withdrawn.

It was gathered that the AGF also followed up with a letter to Farida Waziri, chairman of EFCC dated June 9, 2010. In the letter, he drew the attention of the commission's boss to Jonathan's directive regarding the Stallion Group and directed her to withdraw all cases against the company.

Adoke's letter reads: "In view of the president's directive, the Nigerian Customs Service has withdrawn the demand notices irregularly issued against Popular Foods for payment of duty on rice imported during the waiver period.

"The presidential directives also apply to other similar cases in line with the judgement and orders of the Federal High Court in suit No. PHC/L/C8/828/2009 - Turks Investment Limited Vs Nigerian Customs Service Board.

"In view of the fact that the above demand notices have been withdrawn, it is necessary for your commission to also withdraw the criminal charges pending at the Federal High Court, Lagos, arising from the alleged non-payment of the duties which ought to have been charged but for the effect of the circular No. 123/2008 on waiver of duties on rice approved by the Federal Executive Council. Kindly ensure that these charges are withdrawn accordingly."

Adoke's third letter, which dealt with the deportation of the Vaswanis and the group's expatriate workers, was dated June 22, 2010 and sent to Emmanuel Ihenacho, Minister of Interior with reference No. FHC/L/CS/431/2009.

Titled, Re: Compliance with the Judgement of the Federal High Court in Suit - Stallion Group Limited 46 ORS Vs The Attorney General of the Federation and 4 ORS, the AGF requested Ihenacho to ensure compliance with the judgement.

The letter reads: "Kindly refer to the above suit and the judgement of the Federal High Court dated 4th November 2009 in respect of the above subject matter.

"In view of the rule of law stance of this administration, you are to ensure immediate compliance with the judgement of the court and direct the relevant agencies under the supervision of your ministry to take necessary steps to comply with the judgement of the court."

In reaction, Tajudeen Olalere, executive director Stallion Group said in a statement yesterday that the organisation was highly impressed with the implementation of the judicial decisions.

He said: "As responsible corporate citizens, we reposed our faith in the Nigerian judicial system and duly presented the facts of the matter pursuant to legal due process.

"We were accordingly delivered justice through court judgements and orders in our favour.

"Furthermore, the disposition of His Excellency the President of Nigeria towards the rule of law and an independent judiciary resulted in the implementation of the judicial pronouncements in a due manner."

The Vaswani brothers, Sunil, Haresh and Mahesh, this newspaper learnt, have since the president's directive last month, regained entry into the country from their base in Dubai, where they have been resident.


Copyright © 2010 This Day. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica aggregates and indexes content from over 130 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.

Comments Post a comment