On June 14, 2023 more than a year that a fundamental human rights case was filed at an Ogun State High Court, Abeokuta by Rights and Freedom Advocates (RIFA) for confirmation of a glaring provision of the law, the court eventually pronounced judgment even though plainly digressed from the law.
As part of our modus operandi of only disseminating genuine information, we waited to receive copy of the judgment before could make press statement.
In the suit, RIFA listed Riders and Owners of Motorcycles Organization of Ogun State (ROMO), Amalgamated Commercial Motorcycle Owners and Riders Association of Nigeria (ACOMORAN), Articulate Motorcycle Owners and Riders Association of Nigeria (AMORAN), the Ogun State Internal Revenue Service (OGIRS), The Attorney-General of Ogun State and the Nigeria Police Ogun State as respondents.
In RIFA suit, it was laid before the court to determine if seizure, maiming and attacks of bike riders in the name of daily ticket is constitutional taking into consideration the fundamental human rights of citizens to pay taxes directly to state government and to award damages for the illegal detention.
In court decision which technically dismissed the case for not presenting scapegoats of the respondents to be sued, the court did not even mention RIFA reference to 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 which provides in: “2.
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(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”
The court however stated that the 4th Respondent (Ogun State Internal Revenue Service) should not force anyone to collect ticket from the bikes unions and all the Unions denied intimidating anyone which the Court blamed RIFA for not identifying specific officers of the respondents for prosecution.
While the hijacked bikes in the custody of OGIRS were ordered to be released, the court dismissed RIFA case SPECIFICALLY for not presenting any scapegoat that should have been held responsible directly as the court could not get any document from the respondents authorizing the illegality of some of their officials. The court hereby urged RIFA to identify specific officials of the respondents who transgress for possible prosecution and determination of their individual liability.
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To this end, RIFA would engage in expanded strategic approach to prosecute the case further as the Court urged the Association to use administrative approach to ensure normalcy is restored while awaiting scapegoats who may be caught for prosecution.
To this end, RIFA urge Nigerians to support our desire for orderliness in the country. Also, RIFA assure the civil servants and their allies feeding fat on illegality that the end is near to their nefarious activities as the case would be vigorously pursued to logical conclusion.
To legal practitioners and other good Nigerians, silence is not golden when few criminally-minded swindle public resources to oppress majority. The time was now to rise in unison and ensure the laws of the land are complied with.
Luqman Soliu
President,
Rights and Freedom Advocates (RIFA)
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