The High Court of Akwa Ibom State sitting in Uyo Judicial Division has ordered the Akwa Ibom State Government and the Ministry of Transport to stop collecting tolls from commercial vehicles.
The tolls include regular motor park fees and other charges from commercial motor vehicles in the state. The court insisted that it was not right for the state government or the ministry (Transport) or its agent to collect such charges.
The court, however, on Wednesday granted Uyo Local Government Area the power to collect the charges.
The presiding judge, Pius Idiong, delivered the judgement in a suit brought before him by one Mr. Michael Nnah, joined with others as claimants. One Kingsley Akpan acted as the Chairman of the Ministry of Transport Monitoring Unit, the Akwa Ibom State Ministry of Transport, Akwa Ibom State Government. Uyo Local Government was the defendants in the case.
The judge ruled that by virtue of the powers granted Uyo LGA and other councils in Nigeria in the Constitution of the Federal Republic of Nigeria, the Akwa Ibom State Government and its entourage did not have any lawful power or authority to regulate motor parks and collect parking permits, fees or other charges from commercial motor vehicles in Akwa Ibom State.
Idiong stated that it would result in double taxation which the law abhorred for the state government or the Transport ministry or their agents to collect.
The judge ordered that the Akwa Ibom State Government, Akwa Ibom State Ministry of Transport and Mr. Kingsley Akpan, who chairs the Akwa Ibom State Ministry of Transport Monitoring Unit and their agents and privies to immediately stop the collection of parking permits, fees and other charges, including the regulation of motor parks in Uyo LGA and other local government areas in Akwa Ibom State.
“The claimants are entitled to nominal damages hereby assessed at N500,000 only against Akwa Ibom State Government, the Akwa Ibom State Ministry of Transport and Mr. Kingsley Akpan to cover, at least, the unlawful levies which they were compelled by them to pay and which evidence is before the court,” judge said.
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