Rose Oranye
Anambra State Government has expressed displeasure over the sealing of some importers’ businesses and warehouses in the state for almost a month by some agents without proof of wrongdoing and has therefore issued a Notice of Advise to all importers/industries in the state in that regard.
This was contained in a Public Notice dated
21st June, 2024, and signed by the state’s Commissioner for Industry, Christian C. Udechukwu.
According to the notice, “under laws of the Federal Republic of Nigeria, no person(s) or agency has powers to seal or close any business in Anambra State without compliance or following through with all due legal processes as are available to any accused person(s) under the law, including but not exclusive to the service of a dated letter highlighting the specific offences committed by the business owner, and fully allowing/ affording the business owner the rights of self defence and fair hearing with the presumption of innocence until proven guilty, and no business should be sealed without, first of all, obtaining a Court Order issued or obtained from a named presiding Judge, for a named specific offense(s) by the said specific business as may be named in the court document and therein approving for the business to be sealed for a very brief period to be specified by the same named Judge, of a named Court with specific contact details for the purposes of verification of the said Court Order.
“A situation where some Importers’ businesses and or warehouses in Anambra State were sealed by some agents for almost a month without proof of wrongdoing is an abuse of powers/failure to be fully compliant under the laws of Nigeria, and therefore, such actions are completely/totally unacceptable and would not be tolerated or encouraged by the Government of Anambra State.
“Any staff of any agency who goes against this official position will be liable personally, jointly and severally with his or her named agency to expect applicable legal remedies, under the circumstances, including prosecution of concerned persons, and they are liable to pay for any named amounts for damages to business owners and or to compensate for reputational loss/and or loss of income to the affected business owner whose business was sealed without proper due legal processes, and without first obtaining a specific legal Court Order authorizing such an extreme action as business or warehouse closures.
“Any person or person(s) who violates such a legal process, as advised by Anambra State Government, will have the full rights of the citizen, business owner, and liabilities for loss of income and or damage to reputation fully enforced against them and their named agency by the affected business owners without prejudice.
“Anyone/agent caught or implicated as an accomplice in the same illegal closure of any legitimate business saga will also be jointly and severally liable to lawful prosecution. And this specific business protection policy advise includes the leadership of any organized group or associations that are negligent in their duty of care and protection of their members from abuse or violations by anyone or agency.
“All legal compliance disputes must first be settled in good faith and without bitterness or disruption to normal business operations, but where all good faith efforts fail, every entrepreneur/importer/industrialist has a right to get legal help and should seek legal protection from any abuse.
“No one has a right to seal or close down any business without a legal warrant or Court Order specifying the specific offenses committed, indicating the legal period for closure, and any other legal advice that may be essential to the reopening of their businesses.
“For any business to be sealed either by any federal or state agency, the said agency must be acting in full compliance of the laws of Nigeria including the declaration of crimes committed as well as proof of wrong doing and present the same proof of wrong doing to a Judge presiding over a Court of Competent Jurisdiction, and thereafter, request to be issued with a specific legal Warrant or an Order of Court instructing or authorizing the said federal or state agency concerned to proceed to exercise authority to seal the accused persons business for any specific period of time, as may also have been determined, by the Judge of the same Court of competent Jurisdiction.
“Any business that feels that its rights have been unjustly violated must get legal counsel for advice on its legal options, and to seek to enforce its own rights, and to get advise of any available legal remedies and claim to damages that may be available to the business owner.
“No business in Anambra State should operate with fear or prejudice from any agent/actors of whatever description.
“Every citizen is bound by law and civic duty to perform all legitimate mandatory acts of documentation compliance for the purpose of operating their businesses, and to keep, at all times, all their statutory documents in place, as may be legally required of them by the laws of Nigeria.
“At the same time, all citizens operating their businesses legitimately have a right to pursue their happiness without any prejudice or fear from anyone or official agents operating within Anambra State.
“For further advice on how to operate your legitimate business activities without fear or prejudice, please contact the office of the Commissioner for Industry or the Attorney General and Commissioner for Justice, Government of Anambra State, at the Jerome Udoji Secretariat, Awka.
“Mr Governor, Prof Chukwuma Charles Soludo wishes for all legitimate business owners who are in compliance with the laws of the Federal Republic of Nigeria to continue to pursue their lawful business in Anambra State with full happiness, and without any unlawful limitations or fear or prejudice”.
