Facts before the Economic and Financial Crimes Commissio, EFCC released by officials of the Nigeria Customs Service strongly indicate that the Vaswani Brothers being hounded for alleged N3 billion fraud have done no wrong against the Nigerian government.
Ever since the EFCC accused the Vaswani brothers of committing a N3 billion import duty fraud against the Federal Government, Nigerians have been largely fed with one-sided sensational version of the story according to the agency's script.
According to the EFCC, the Vaswanis evaded import duty on rice importation to the tune of N3 billion. Indeed, the allegation is breathtaking by any stretch of the imagination. But facts before the EFCC by some of the people the commission has arrested and questioned among the senior Customs officials, suggest that the public may not have been availed of the full facts of the matter especially taking into consideration the laws and regulations governing imports into the country.
Importation of goods is governed by laws and the rules are not written on water. The Customs procedure for clearing of goods in this, and most other countries is that duty is charged on the basis of the prevailing rate on the day the importer completed his manifest.
Details of his shipment are documented and the finalization of the procedure called "striking" is effected. The striking of import documents has no connection with the arrival of vessel. "The date of arrival of the vessel has nothing to do with duty payment. What is important is the submission of advanced manifest to Customs as required by the section 37 of the Customs and Excise Management Act, CEMA Cap 45Laws of the Federal Republic of Nigeria, 2004," disclosed the Customs officers.
Concerning the case at hand, the Vaswani brothers did what a lot of others did when between May 7, 2008 and October 31, 2008, the Federal Government suspended duties and levies on the importation of rice into the country.
In a letter to the Comptroller General of Customs, the Ministry of Finance disclosed that between 7 May 7, 2008and October 31, 2008, no duty or levy would be charged on rice imported into the country.
The Vaswani brothers joined other Nigerian businessmen to import the rice into the country to avert imminent food crises in the country. It carried out all the documentation required by law to qualify for the importation and the striking of their papers was effected before the end of October 31 as required by the new tariff regime. Two of their ships that arrived the Lagos Port before October 31 discharged partial cargo and preceded to Port Harcourt harbour after October, which according to CEMA, and the various Nigerian Customs Services legal codes is not an offence.
Therefore, they said, "it is strange to see how the Vaswani Brothers violated the laws and defrauded the federal government in respect of import duty waiver announced by the government to cover the period of rice importation into the country. The waiver lapsed on 31st October 2008 and the EFCC didn't provide that the Vaswanis violated the conditions attached to the rice import waivers.
They completed their documentation in time. Is the EFCC therefore, re-writing the customs and exercise laws of Nigeria by accusing the Indians of allegedly committing an offence outside the provisions of existing laws?"And discerning Nigerians want to be sure whether the Vaswanis have breached these laws or whether the anti-graft agency studied these laws carefully before making the damaging allegations against the Indian businessmen.
"False allegations, because of their plausibility are dangerous, especially when the truth is deliberately suppressed. It may be difficult for the EFCC to admit that its action was impetuous; they indeed, wouldn't want to own up to the fact that they didn't seek experts' opinions on customs and exercise laws in Nigeria."

Not surprising because it has always been arrests and releases whenever the Vaswani brothers are involved. Up Nigeria!