Court Nullifies Ban on National Task Force on Illegal arms importation

Court Nullifies Ban on National Task Force on Illegal arms importation: Nnamdi Felix / Abuja: A Federal High Court siting in Abuja Tuesday quashed federal government's ban on the activities of the National Task Force on Illegal Importation of Small Arms. The minister of Finance, Dr. Ngozi Okonjo Iweala had through a letter to the Inspector General of Police, confirmed the banning of the task force which was a public private partnership initiative in conjunction with Association of Importers in Nigeria, on the ground that the task force is interfering with the activities of a statutory and legitimate agency of government. The court, presided by Justice Elvis Chukwu, declared that the disbandment of the National Task Force against illegal importation and Smuggling of Small Arms and Light Weapons, by the federal government is illegal, null, void and of no effect. It wondered why the same government which accepted the proposal submitted by the importers' association for a task force to set up to check mate illegal importation of small and light weapons, inaugurated the task force in an elaborate ceremony at the Finance minister's office with representatives of the National Security Adviser in attendance, would turn round and disband the same task force without given the members fair hearing after huge sums of money had been invested in the campaign to rid Nigeria of illegal importation of small and light arms. Justice Chukwu also noted that from the materials tendered before the court by the task force, which showed the arrest of a truck fully loaded with illegally imported firearms at Nsukka, Enugu state, it is obvious that the task force was already achieving the objectives it set for itself which the ministry of finance and the minister had knowledge of at the inauguration the team. The court equally set-aside a directive that was issued by the Nigerian Customs in 2011 disbanding the task force, stressing that such action was not only inimical to national security, but also breached the rules of natural justice having not granted the task force fair hearing before its disbandment.   Besides, the court dismissed preliminary objections that were filed by the Federal Ministry of Finance and the National Security Adviser, NSA, challenging the competence of the suit on grounds that the task force, led by its chairman, Chief Osita Okereke, former Presidential Candidate of the deregistered African Liberation Party, ALP, for failing to declare any reasonable cause of action. Okereke and his team had approached the court requesting it to determine whether the action of government in disbanding the national task force which was inaugurated by the federal government on July 16, 2010, following an allegation that was leveled against it by Custom authorities, without granting the organization fair hearing, was not illegal, unconstitutional and null and void. Specifically, Customs had alleged that the organization attempted to usurp its duties by trailing and seizing several containers containing arms that were illegally imported into Nigeria. It was further alleged that the task force operated illegally considering that it was not duly registered with the Corporate Affairs Commission, CAC. Justice Chukwu held that the government failed to prove that the task force usurped duties of any of its agencies and sneered at the claims made by Finance minister that the inauguration of the task force was in error. “The respondents had claimed that the inauguration of the task force was carried out in error. However, the court will want to know at what point this error occurred. From the totality of evidence before the court, it is obvious that there had been a reasonable communication between the applicant and the respondents. It is my considered view that there was a breach of the rules of natural justice as the applicants were disbanded without being accorded opportunity to defend themselves. They ought to have been given a hearing before the task force was disbanded. This court has the jurisdiction to exercise judicial review of such decisions whenever there is denial of fair hearing in any proceeding, be it administrative or ministerial. The court has the powers to declare it a nullity" The court however maintained that it will never encourage any organization to meddle in the affairs of a government agency, but noted that the mandate upon which the task force was set up is clear, that is, to identify sources and main routes of illegal importation of light weapons and arms, as well as, collaborating with security agencies to combat the menace of arms proliferation. Further more, the court held that the task force was established under the Private-Public-Partnership which does not require registration with the CAC. "The initiative was aimed at improving the security of lives and properties in Nigeria.  We are all witnesses to the effect of proliferation of light arms in this country vis-à-vis the achievements that were recorded by this task force, an averment that was not denied by the respondents. In fact, the precarious nature of security lapses in the country today will even make this court to grant the application as prayed in this suit. This court is convinced that the application has merit and is accordingly granted. I therefore issue an order quashing the directive disbanding the task force, same having breached the rules of natural justice,” the court held.