*AGF legal advise plus suit in court
Based on the legal advise of the Attorney General of the Federation, the Comptroller General of the Nigerian Customs Service (NCS), Colonel Hameed Ibrahim Ali (retd.), has written a letter to the National Assembly that he would not be able to appear before the Senate today as scheduled.
Ali, who was billed to appear before the Senate in the official uniform of the Customs Service, said he is acting on a legal advice he received from the Attorney General of the Federation and Justice Minister, Abubakar Malami (SAN), asking all parties involved with the Senate’s invitation to stay action pending the determination of an originating summons filed by an Abuja-based lawyer, Mohammed Ibrahim.
A source at the headquarters of the Customs Service said an official letter had been despatched to the National Assembly over the legal advice.
The legal practitioner has asked the Federal High Court Abuja to restrain the National Assembly from compelling Hameed Ali to wear uniform in the performance of his duties.
The suit, which was filed on Monday, named Ali, the Nigerian Customs Service, the National Assembly, the Senate and the Attorney General of the Federation (AGF) as first to fifth defendants.
The plaintiff is seeking for a court declaration that Ali’s appointment as Customs boss cannot be subject to the provisions of Customs and Excise Management Act (CEMA) or any other law.
He is also seeking a declaration that Ali, who is not a commissioned officer of the NCS, is not mandated by law to wear uniform and that the oversight functions of the National Assembly does not extend to compelling and mandating him to appear before it in uniform.
The plaintiff is equally asking for an order of perpetual injunction restraining both the NASS and the Senate from compelling Ali to wear uniform in the performance of his duties.