Hameed Ali, comptroller-general of the Nigeria Customs Service (NSC), says he will not appear before the senate on Wednesday.
The CG has been having a running battle with the upper legislative chamber over its policy on retroactive collection of import duty on cars as well as his refusal to wear the uniform of the CG.
He was turned back last week by the senators for failing to wear the uniform.
After observing his prayers at the presidential villa mosque on Tuesday afternoon, he told journalists: “The case is in court already. Somebody has sued us. It is subjudice. I have gotten my writ of summons and they said status quo should remain ante which means nothing moves until the court makes a pronouncement.
“A private individual sued all of us, he wants an interpretation of the section that is in contention. I don’t want to talk so that I am not held in contempt of court.”
He then rushed out of the villa on foot using the security gate used by service chiefs.