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COMPTROLLER GENERAL, NIGERIA CUSTOMS SERVICE & ORS
V.
MINAJ HOLDINGS LTD

(2017) JELR 34300 (CA)

Court of Appeal 16 Jun 2017 Nigeria
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- The respondent was granted provisional approval to import cement, but the importation was subsequently banned by the government. - The respondent filed a motion for an order of mandamus, which was granted by the Federal High Court. - The

Case Details

Suit Number:CA/L/365/2013
Judges:MOHAMMED LAWAL GARBA JCA JOSEPH SHAGBAOR IKYEGH JCA YARGATA BYENCHIT NIMPAR JCA
Counsel:D. D. Dodo, SAN. With him, F. Ajogun SAN, T. Gbashima, A. Okador, C. Ike Nwabuagwu and Ishola Alagbala For the Appellant; Chief Wole Olanipekun, SAN. With him, L. C. Ilogu SAN, Lloyd Oyinki, Abdul-Hakeem Adio, Ayo Adesanmi, Donald Ibebuike, Adebayo Majekolagbe, Tolu Adetominwa, Omolade Adeyemi, Olajide Salami, Kabu Abama, Caleb Adebayo and Oluwayemi Adejuyigbe For the Respondent.

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): In June, 2008, the Respondent was given a provisional approval by the President of the Federal Republic of Nigeria to import Five Hundred Thousand (500,000) Metric Tonnes of Cement within six (6) months. In October, 2009, the Federal Government of Nigeria banned the importation of bagged cement into the country. The cement imported by the Respondent pursuant to the provisional approval granted to it, arrived Nigeria after the subsequent ban for the importation of cement and so by a letter in November, 2009, the Respondent requested the 2nd Appellant to advise the 1st, 3rd and 4th Appellants to allow the vessels carrying the cement to discharge. On the 10th December, 2009, the 2nd Appellant sent a letter to the 3rd Appellant advising that the Respondent's vessels be allowed to discharge notwithstanding the ban, but the said letter was withdrawn by the letter dated 17th December, 2009 from the 2nd Appellant.

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