21 GRADUATES SEEK FOR JUSTICE AGAINST NIGERIA CUSTOMS SERVICE

Nigeria Customs Service sued for discrimination

Written by Saharareporters, New York
Wednesday, 21 October 2009 11:48

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The Nigeria Customs Service (NCS) has been hit with an employment discrimination lawsuit by 20 new potential recruits, predominantly from the Southern part of Nigeria.
The lawsuit, which was filed by activist lawyer, Festus Keyamo on behalf of the plaintiffs, detailed the denial of placement opportunities to the recruits who had been properly tested and had passed medical and physical fitness tests.

The lawsuit is coming on the heels of growing concern that the Yar'Adua regime has been biased in favour of persons of northern origin, particularly his home state of Katsina, to whom it is generous with employment opportunities in the federal civil service.
Recently, the appointment of the Comptroller General of customs, Abdullahi Dikko Inde has been condemned as an example of nepotism by the Yar'Adua regime. Mr. Inde also faces questions of certificate forgery, and an editor of The Guardian who was reportedly working on the forgery story was assassinated in his home.

Inde hails from Musawa local government area of Katsina. He is a distant cousin of Yar'Adua, and is married to the sister of Yar'Adua's wife.

IN THE FEDERAL HIGH COURT IN THE ABUJA JUDICIAL DIVISION
SUIT NO. FHC/ABJ/CS/481/2009
BETWEEN:
IHESIABA E. CHINWEOKE (NCS/NO.IMO 002 GD)
IWUNZE NGOZI (MISS) (NCS/NO.IMO 015 GD)
3. EZEMA A.E (NCS/NO. EN 001 GD)
EBELE O. KINGSLEY (NCS NO. EN 005 GO)
AGBO PATRICK (NCS/NO. BEN 003 MARINE)
AYENI ABIODUN TRUMP (NCS/NO. ED 005 GD)
OBIWULU U. STANLEY (NCS/NO. AN 001 MARINE)
ONIFADE F. OPEYEMI (NCS/NO. OY 002 MARINE)
NWACHI M. UGOCHUKWU (NCS/NO. AB 007 GD)
DUROJAIYE M. OLADELE (NCS/NO. KW 004 MARINE)
GEORGE EKERETE AKPAN (NCS/NO. AK 008 GD)
ALHASSAN OHIEMI SUNDAY (NCS/NO. KG 005 MARINE)
13. ONYENKA CHINONYE PETER (NCS/NO. IMO 001 MARINE)
14. FAMIODU OLUKAYODE (NCS/NO. U\ 007 GD)
OROGWU JACOBSON IVOM (NCS/NO. EB 001 GD)
OGUNDELE PETER (NCS/NO. EK 009 GD)
17. AKUJOBI CHUKWUEMEKA C. (NCS/NO. 1M 003 GD)
18. USUANLELE JERRY (NCS/NO. ED013 GO)
19. MOROYO MODUPE LAWAL (NCS/NO LAG01 GD)
20. AMANAHU CHIMEZIE HENRY(NCS/NO AB06 GD)
... PLAINTIFFS
AND
NIGERIA CUSTOMS SERVICE
COMPTROLLER GENERAL OF CUSTOMS
ACG G.B MARKAFI
DEFENDANTS STATEMENT OF CLAIM

1. The Plaintiffs are all employees of the Nigerian Customs Service.

2. The 1st Defendant is an agency of the Federal Government.

3. The 2"d Defendant is the Chief Officer charged with the responsibility of ensuring the proper management an administration of the 1st Defendant and is an agent of the 1st Defendant

The 3rd Defendant is the Officer in charge of recruitment exercise in the office of the 1st Defendant.
The Plaintiffs aver that they all applied for ConsoI 8 in the offices of 1st Defendant sometime in June 2008.

The Plaintiffs aver that they were later shortlisted and after successful examination and interview sessions, they were all issued appointment letters on Consol 6 AIC (General Duties) and AIC (Marine) respectively instead of Consol 8. This the Plaintiffs however accepted in good faith without any complaint. The Plaintiffs' appointment letters are hereby pleaded

The Plaintiffs aver that the Defendants invited them for "documentation" on the 16th day of April 2009 and they turned up promptly on the said and did all the necessary documentations.

The Plaintiffs aver that they were also made to go through several tests on medical fitness and suitability for the job and were certified okay.
The Plaintiffs aver that the next day being the 17th day of April, while other candidates were being assigned service numbers, the Plaintiffs were refused their own service numbers.

The Plaintiffs on further inquiry were told by the officer-in-charge of the documentation, AC Aminu Abba, acting on the instructions of the 3rd Defendant, ACG G.B Markafi, that it was not in Plaintiffs' interest to document them recruits on Consol 06, the Plaintiffs being University graduates and that the Plaintiffs would be treated specially and given upgraded positions to suit their qualifications. Some of the Plaintiffs' original appointment letters were then retrieved.

11. The Plaintiffs not comfortable with the sudden development promptly reiterated their desire to proceed with Consol 06 on which they were engaged, if the "upgraded level" would occasion further delay and documentation officer, AC Aminu Abba later asked the Plaintiffs to report for training on the 6th day of July, 2009 and that they would be issued service numbers on that day, but surprisingly, the Plaintiffs were prevented from taking part in the said training.

12. The Plaintiffs later learnt that they have been completely ousted and replaced with other names of people most of whom did not even apply or participate in the interview session.
The Plaintiffs mandated their solicitors Festus Keyamo Chambers to write to the Defendants, which they did but the Defendant refused to re-instate them. The letter written to the defendants is hereby pleaded.

The Plaintiffs aver that their solicitors also issued a Pre-action notice to the Defendants, which expired on the 10th of August, 2009. The Pre-action notice is hereby pleaded.

The Plaintiffs aver that training has since commenced for all grades on the 6th day of July 2009 and their colleagues are currently undergoing training now but they have been completely ousted and left to roam the streets of Abuja and sleep in gardens and churches with no one to attend to or listen to their plights.

The Plaintiffs aver that they resigned from their various jobs to take up these appointments and it is most unfair, unjust and frustrating to once again expose them into the irking world of unemployment and search for menial jobs, having sacrificed their earlier jobs for this cause.

The Plaintiffs aver that they have suffered serious damages, humiliation and untold hardship as a result of the unlawful acts of the Defendants.

WHEREOF the Plaintiffs' claim against the Defendants as follows:
(a) A DECLARATION that the Plaintiffs are entitled to undergo the Basic Training Course of the Defendants and to be posted to their various places of assignments thereafter, having successfully completed the recent recruitment exercise of the Defendants

(b) AN ORDER COMPELLING the Defendants to forthwith allow the Plaintiffs to undergo the Basic Training Course of the Defendants and to thereafter post the Plaintiffs to their various places of assignments thereafter, the Plaintiffs having successfully completed the recent recruitment exercise of the Defendants.

(c) AND FOR SUCH ORDER OR OTHER ORDERS as the
Honourable Court may deem fit to make in the circumstances of this case.

Dated this …………………day of ………………..2009
ALEXANDER OKETA, ESQ.
FESTUS KEYAMO CHAMBERS
13, NOUAKCHOTT STREET,
NEAR BANK PHB,
WUSE ZONE 1,
ABUJA, NIGERIA
08033371229; 08023388080

FIRST HEARING IS ON 24TH NOVEMBER, 2009 AT FEDERAL HIGH COURT 2, MAITAMA, ABUJA.