The company headed by ace accountant Tunji Owoeye had filed an appeal before the court of appeal in Lagos seeking to overturn an earlier judgement of a federal high court in Lagos which dismissed the suit it filed against the National Security Adviser (NSA) and the Attorney General of the Federation (AGF).

Rising from its deliberations on the case, the three-man panel of justices at the Appeal court, Joseph Shagba, Biobele Abraham Georgewill and Jamilu Yammama Tukur, dismissed the appeal as lacking substance and affirmed the judgement of Justice Hadiza Shagari of the lower court who had thrown out Elephant Group’s suit against the NSA and AGF.

Elephant Group had approached the federal high court seeking a declaration that the company is entitled to fully utilize the end user certificate it obtained dated 13th January, 2015 issued in its favour by the NSA to import 60,000 metric tons of NPK 15-15-15 and 60,000 metric tons of urea 46%.

It had also sought a declaration that NSA and its agents cannot deny the validity of the importation of the cargo by the company having obtained the license to import same, and having paid all the requisite levies as prescribed by the Nigerian custom services

The company had also sought the award of damages in the sum of ₦500 million as exemplary, aggravated and general damages, special damages in the sum of US$1,041,532,000 being the accumulated demurrage since paid on the 3 vessels at the time of filing this suit and US$655,000 as incidental charges, with a further ₦50 million as legal costs

The NSA and AGF had jointly filed a counter affidavit alleging that the company tried to import the urea into the country without the possession of a valid end user certificate from the office of the NSA, the certificate it obtained dated 13th January, 2015 having expired in January 2016.

They further claimed that the importation was done without the permission of the National Food and Drug Administration and Control (NAFDAC). The defendants also contended that by the time Elephant Group initiated the importation of the cargo in June 2016, importation of urea had been declared illegal by the federal government.

The government had sometime in 2015 issued a directive to ban the importation of certain dangerous chemicals, including urea, which can be used in the making of explosive products. The ban became necessary following security concerns occasioned by the rise of domestic militancy and the attendant threat of terrorism. They argued that the company was aware of this directive.

Consequently, Justice Hadiza Shagari had upheld the decision of the NSA to confiscate the shipment of urea due to security concerns and dismissed the case. Unsatisfied with the decision, Elephant Group had swiftly filed an appeal at the court of appeal in Lagos.

However, in the lead judgment delivered by Justice Biobele Abraham Georgewill on Thursday, the three justices of the Court of Appeal in Lagos presiding over the case summarily dismissed the appeal on grounds that it lacked merit.