Following persistence of Rights and Freedom Advocates (RIFA) that illegal daily tickets being imposed on transporters should cease in a saner society which many courts have validated in line with the provisions of the laws, it is pertinent to state that today; July 28, 2023, the Ogun State Internal Revenue Service (OGIRS) has released RIFA members’ bikes robbed by its agents from 2018 till May 2023.
12 bikes of RIFA members were robbed and kept at OGIRS between 2018 and May 2023 just for paying taxes directly to the State government purse as against diversion to untraceable hands through untraceable daily tickets sales which the leadership of the agency with their collaborators has instituted.
As the bikes were to be released, we decided to take inventory of their conditions only to discover OGIRS has mutilated, replaced and or sold most of the bikes’ parts. In fact, the first one robbed by the officers of the Agency in 2018 with registration number OGUN AKM 154 WH was totally in worst condition and this was an agency whose legal officer; Temidayo Sokunbi claimed in court the bike was kept in their custody for repair as if OGIRS was a mechanic workshop.
Other bikes robbed between 2020 and 2023 as released today included Bajaj PKA 071 UP, Bajaj WDE 356 WV, TVS KKY 171 UM, ABG 455 VT, Bajaj AYE 784 VT, Bajaj MEK 294 UW, TVS GBE 232 VL, and DED 965 WL (Tricycle) not forgetting OGUN PKA 478 VQ, OGUN WDE 202 VD, OGUN AKM 661 WL and OGUN AKM 154 WH.
While the concerned officers were shifting responsibilities and blames of replacing or repairing bikes with stolen parts as no one was ready to associate with the issue again, we emphasize that the issue would be pursued until those who were responsible are made to pay for it. It would be recalled that in 2018, RIFA pursued a case at Ibara Police station, Abeokuta until the Station was made to replace a lost Bajaj bike with new one.
At least, four bikes (Bajaj:PKA 478 VQ, WDE 202 VD, AKM 154 WH-2018 – totally replaced with non-functional parts plus TVS: KK 171 UM) were returned to OGIRS for stolen parts and disfigured conditions. The first one had nearly all of its parts including engine replaced with very useless parts. Thus, the engine was not the same as contained in the particulars. In other words, OGIRS staff are using the Agency for robbery, diversion, conversion and stealing of public properties. The government must restore orderliness in that agency by replacing all of the rotten heads and members of staff.
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Unfortunately, most of them are ignoramuses because before a property would be confiscated by such an agency court order ought to have been procured specifically for such a property and in the absence of court order it is nothing but stealing. The tricycle had its mirror removed and sold away. A bike had its chain, socket, side cover, tyre, etc replaced while another one- a week old bike before it was robbed by OGIRS staff had its hub, rim, shoe brake, socket and chain removed. RIFA would update the public as more facts on the conditions of the bikes unraveled.
It would be recalled that RIFA have insisted on compliance with the provisions of the laws on taxes and levies. Taxes and Levies (Approved list for collection) Act Cap.T2 Laws of the Federation of Nigeria,2004 which is the main law on taxes collectible in Nigeria provides: “2.
(1) Notwithstanding anything contained in the Constitution of the Federal Republic of Nigeria, as amended, or in any other enactment or law, no person, other than the appropriate tax authority, shall assess or collect, on behalf of the Government, any tax or levy listed in the Schedule to this Act, and members of the Nigeria Police Force shall only be used in accordance with the provisions of the tax laws.
(2) No person, including a tax authority, shall mount a road block in any part of the Federation for the purpose of collecting any tax or levy. 3. A person who –(a) collects or levies any tax or levy; or (b) mounts a road block or causes a road block to be mounted for the purpose of collecting any tax or levy, in contravention of section 2 of this Act, is guilty of an offence and liable on conviction to a fine of N50,000 or imprisonment for 3 years or to both such fine and imprisonment”. Similarly, Section 40 (1b) of Personal Income Tax Act (PITA) provides that taxpayers should pay in their own names devoid of unknown interlopers.
Also, the management and control of motor parks is a local government function as provided for under Section 7 (5) of the 1999 Constitution of the Federal Republic of Nigeria (FRN) (as amended) and that such duty and function can only be performed EXCLUSIVELY by the local governments.
Also, in the wise judgment of her Lordship with others; Justice O.O. Osunfisan in Suit no AB/390/2018 delivered on October 13, 2022 in Akmode Transport Ltd Vs Ogun State Government and Ogun State Internal Revenue Service (OGIRS), held inter alia that (1)“ a declaration is hereby made that the sale of a daily ticket to commercial motorcycle riders including the Claimant’s staff at the rate of three hundred naira (N300.00) as daily tax payable by each commercial motorcycle rider including the Claimant’s Staff amounts to exploitation and is therefore illegal, unconstitutional, null and void”.
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Similarly, in suit No HCL/22/2018 between Prince Taiwo O. Konigbagbe & ors V Ogun State Authorities, Ogun State commissioner of Police, Amalgamated Commercial Motorcycle Owners and Riders Association of Nigeria (ACOMORAN), Articulate Motorcycle owners and Riders Association of Nigeria (AMORAN),OGIRS &ors, the Court in Ilaro led by Justice S.M Owodunni held on March 22, 2021 that: (i) the defendants have no statutory power to interfere, direct, control the formation, management and operations of the claimants…”
(5) It was also declared that the claimants and its members do not require the recognition and approval of the defendants to operate as private okada commercial motorcycle services..” (6) the defendants, her agents and privies are hereby restrained from further preventing the claimants and its members from operating as private okada commercial motorcycle services operators…” Also, in Suit No: HCJ/63/2021 delivered on 24 November, 2021 in All Nigerians Autobike Commercial Owners and Workers Association (ANACOWA) V ACOMORAN, AMORAN…Police, OGIRS & ors, the court in Ijebu-Ode held: (1) the enforcement of the fundamental rights of association, of movement and freedom from harassment, arrest or detention of the members of the Applicant by the respondents on any issue, questions, interrogations, investigations or finding connected with the subject matter of the suit is granted…(3) an order of injunction restraining the respondents or any other officials/officers of the 5th and 6th Respondents (the Police and So Safe Corps in Ogun State) or any other law enforcement agencies and their officers from harassing, inviting, arresting or detaining the members of the Applicant and/or impounding and/or detaining their motorcycles on account of failure to obtain the Association tickets and /or stickers of the 1st to 4th Respondents is hereby granted.
While appreciating RIFA members for the trust reposed in the leadership of the Association over the years which led to this victory at resisting successfully few criminally-minded individuals using government to perpetrate criminality, we assure them that the path to liberation of the oppressed remain our goal. And as we maintain, the river of freedom led by RIFA is superior to those driving the struggle.
So, any authority or individuals contacted by RIFA should note that the Association rejects many cases found not worthy but pursue genuine cases only. As court has technically faulted our suit for not presenting scapegoat to punish, RIFA will henceforth look out for scapegoat among the touts and their collaborators for prosecution. On this, we maintain that all our members should pay their taxes directly to the State government purse and anyone who disturbs them over the illegal tickets shall be personally held liable for the Consequence.
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The Ogun State government has exonerated itself from the atrocities of its staff and their collaborating touts. It would be recollected that on the same ticket issue, a senior Police Officer in the State who was, perhaps, sharing from the kickbacks supported the evil and threatened RIFA members with arrest in September 2022. His penchant for criminality of the ticket touts led to his replacement. RIFA warned him then but he forgot the limit of his roles as a public servant.
On this victory, we appreciate those who are parts of the success story. First on the list is the State Governor; Prince Dapo Abiodun, the Secretary to the State Government; Mr Talabi, the CSO to the governor, the Heads of Service-serving and the past, the immediate past Attorney-General in the State, The Assistant Inspector General of Police Zone 2 Onikan Lagos, the Police Service Commission, The Commissioner of Police and the State Director; Department of State Services. Others are the National Security Adviser; Mallam Nuhu Ribadu, The Director-General of Department of State Service, the Inspector-General of Police-past and the current, the Chairman; Code of Conduct Bureau and other stakeholders too numerous to mention not forgetting our selfless legal adviser; Mallam Tolani Abdulsalam and his team for wonderful job done.
RIFA struggles continue at Court of Appeal as we pursue the case to logical conclusion. While wishing our members and prospective members peaceful living and coordinated peaceful approaches to provocation, we implore them to be law abiding. To the touts, look for credible jobs and let us join hands to stamp out criminality out of our society. To the few civil servants being used to defraud the State, be patriotic and stop messing up education to the extent a tout was boasting he shared N40million per week before it reduced to N10million per week when graduates struggle for N30,000 minimum wage in a month. In fact, they claimed they only needed few elites to be bought with peanuts to make their billions of Naira. Did they lie with the reality?
Luqman Soliu
President,
Rights and Freedom Advocates (RIFA)
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