Court stops AKSG, Transport Ministry from collecting toll from commercial vehicles

…Grants Uyo L.G Council powers to regulate parks, collect charges

 

The High Court sitting in Uyo  has ordered the Akwa Ibom state Government and the Akwa Iboms state Ministry of Transport to immediately cease the collection of park fees, regulate motor parks and other charges from commercial motor vehicles in Akwa Ibom state, insisting that it is not in the place of State Government, the ministry or its agent to collect such charges.

Consequently, the court has granted Uyo Local Government the power to collect such charges, with  the council set to begin the collection of these charges today.

Delivering the Judgement in the suit which had one Mr Michael Nnah joined with others as claimants and Kingsley Akpan, the Akwa Ibom state Ministry of Transport, Akwa Ibom state Government and the Uyo Local Government as Defendants,  the Presiding Judge, Hon Pius Idiong ruled that by virtue of the powers granted Uyo Local Government and other Local Government Councils in Nigeria in the constitution of the Federal Republic of Nigeria, that the Akwa Ibom state Government which was the third defendant in the suit, and by extension, her agents including the Akwa ibom state ministry of Ministry of Transport and one Kingsley Akpan who was acting as the Chairman of the Ministry of Transport Monitoring Unit do 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.

The Judge in his judgement maintained that it would amount to double taxation which the law abhors for the for the Akwa Ibom state Government or the Ministry of Transport or its agents to collect such taxes simultaneously from commercial motor vehicles operating in the state, when the authorized tier of Government – the Uyo Local Government council in this case was collecting.

Justice Idiong consequently ordered that the Akwa Ibom state Government, the Akwa Ibom state Ministry of Transport and Mr Kingsley Akpan who chairs the Akwa Ibom state Ministry of Transport Monitoring Unit to and their agents and privies to immediately end the collection of parking permits, fees and other charges as well as the regulation of motor parks in Uyo Local Government and other Local Government areas in Akwa Ibom state.

According to the Judge, “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”