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UYO LOCAL GOVERNMENT
V.
AKWA IBOM STATE GOVERNMENT & ANOR

(2020) JELR 109977 (CA)

Court of Appeal 22 May 2020 Nigeria
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- The Court of Appeal upheld the dismissal of the appellant’s claim, holding that local government councils lack constitutional authority to license or collect fees from mechanically propelled vehicles (including tricycles) absent express d

Case Details

Suit Number:CA/C/388/2017
Judges:MOJEED ADEKUNLE OWOADE JCA PHILOMENA MBUA EKPE JCA MUHAMMED LAWAL SHUAIBU JCA
Counsel:Otu Inwang, Esq. for the Appellant; Bassey Ekanem, Esq. (with him, Sharon E., Assistant Chief State Counsel and Otobong Ikpong, Esq. SSC, Ministry of Justice, Akwa Ibom State) for the Respondents.

SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice Ekaete F. F.Obot of the Akwa Ibom State High Court sitting at Uyo Judicial Division delivered on 2nd November, 2016 wherein the claim of the claimant (now appellant) was dismissed for lacking in merit.

By an amended originating summons filed at the lower court on 12th October, 2015, the claimant sought for the determination of the following questions: -

  1. Whether by the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Taxes and Levies (Approved List for Collection) Act,2004, the Road Traffic Law, Cap. 115, Laws of Akwa Ibom State, Local Government (Administration) Law2007 (as amended), the defendants herein or any of their agents has the legal right to regulate, charge and collect motor park fees/levies from commercial vehicles in Akwa Ibom State and for their sole benefit.
  2. Whether by the provisions of the Constitution of the Federal Repub…

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