Leadership (Abuja)
George Agba
5 January 2009
Abuja — An Abuja High Court has summoned Minister of the Federal Capital Territory, the Inspector General of Police and the Abuja Municipal Area Council (AMAC) to appear before it over allegations bordering on illegal and fraudulent collection of N500 million as road tax and gaseous emission permit taxes.
They are to explain whether or not they are privies to and in league with two revenue generating companies, Vision Adventure Services Limited and Abuja Municipal Trade & Investment Coy Ltd, in defrauding, duping and extorting huge sums of money from certain class of companies and corporate bodies in the name of gaseous emission permit taxes and road taxes.
Accordingly, the court headed by Justice S.A. Umar has ordered that the two tax collecting companies be served the court summon by substituted means.
Other defendants in the suit also served through substituted means as ordered by the court are managing director of the companies, Mr. Samuel Eleasabe; and four agents of the companies namely Daniel Ogeleka, Femi Akinyemi, Fidelis Ekor and Ebere Nwokocha.
They were served the court processes by delivery at the plot 1194, Aminu Kano Crescent Wuse II office in Abuja.
In the suit brought by way of originating summons, a transport company, Alalmoss Nig. Ltd, is alleging that AMAC chairman, Hon. Zephania Jisalo, has abused his oath of office and compromised the councils constitutional function of collecting outdoor levies by handing over such functions of the two tax collecting companies.
Besides, the plaintiff who filed the suit on behalf of other companies and corporate bodies that the defendants have imposed, demanded and collected the said taxes from is contending that the stamp of the FCT minister was imposed on the signature of Akinyemi, an agent of the tax companies.
Alalmoss Nig Ltd argued that under section 299 (a)-(c) of the constitution, it is the National Assembly that is responsible for legislations and enactment of any law operating in the FCT and before such laws becomes constitutional and valid, it must be assented by the president.
But the National Assembly, it argued further, has not passed any legislation on Road Tax 2008 and Gaseous permit 2008 for the FCT to which the president has assented to.
Even if such law existed, it said, the Road Tax and Gaseous Emission permit are not within the powers of AMAC under section 7 and the fourth schedule of the 1999 Constitution.
It contended that in the cause of the business of revenue collection, AMAC chairman and the two tax companies have gone beyond and exceeded the functions of the local government by collecting over N500 million in illegal rates, levies and taxes from the plaintiff and other members of the general public since 2003 till date, without accountability and diverted the said amount into their private pockets.
In an affidavit in support of the originating summons deposed to by the Managing Director of Alalmoss Nig. Ltd, Mr. Emeka Okoye, the police is accused of collaborating with the tax collecting companies to mount road block on the highways where they impose, demand, enforce and collect illegal taxes from the plaintiff and other members of the public.
Okoye said managing director of the tax firms, Eleasabe, is the alter ego and wheel on which the alleged monumental fraud and corruption revolves.
He stated: "The 6th Defendant (Eleasabe) has through these illegal and unconstitutional taxes/permits raked in stupendous wealth and huge sums of money since 2003 till date as evidenced by his opulent and extravagant life style notwithstanding that he is a stark illiterate.
"In December 2007, the 6th defendant (Eleasabe) gave a wedding present of a Honda Jeep valued at N14,000,000 (Fourteen million Naira) to his wife. His mansion at his Ekwerekeu Community in Abi Local Government Area of Cross River State is conservatively valued at over N100,000,000 (One Hundred million Naira)."
The plaintiff maintained that while it has lodged a complaint against the defendants before the Economic and Financial Crimes Commission (EFCC) which they have frustrated investigation by their overbearing influence, the court owes the plaintiff and the general public a duty to save them from fraudulent extortionist excesses of the defendants.
"This honourable court have a golden opportunity and responsibility to save the residents of the FCT from this cesspool of corruption which the defendants have plunged the nation into in furtherance of the fight against corruption," the plaintiff added.
Already, the plaintiff has deposited huge files of exhibits showing receipts, checques and clearances of payments made by various companies to Vision Adventure Services Ltd and Abuja Municipal Trade & Investment Coy Ltd.
The plaintiff prayed the court for the following reliefs.
(1) A declaration that the Road Tax 2008 and the Gaseous Emmission Permit 2008 imposed , demanded, collected and received by the 2nd and 4th - 10th defendants from the plaintiff on 18/7/2008 is contrary to the constitution of the Federal Republic of Nigeria 1999 and is therefore unconstitutional, illegal null and void.
(2) A declaration that the 2nd defendant, Abuja Municipal Area Council and the 4th - 10th defendants acting as revenue collecting agents and servants of the said 2nd defendant lack the legal competence or authority under section 7, fourth schedule and section 299 of the constitution to levy road taxes and gaseous emission permit taxes on plaintiff's vehicles plying the Federal Capital Territory Roads and highways.
(3) Declaration that the document titled DEMAND NOTICE FOR THE PAYMENT OF 2008 ROAD TAX/GASEOUS EMISSION PERMIT written on the letter mast of the 2nd Defendant and signed by the 8th Defendant and served on the plaintiff on 18/7/08 are unconstitutional and illegal.
(4) Declaration that the two emblems with the bold inscription "Federal Capital Territory Administration FCTA" without the reference to the Abuja Municipal Area Council but issued to the plaintiff by the 2nd, 4th - 10th defendants on 18/7/08 is invalid, illegal and unconstitutional.
(5) An order of injunction restraining the 3rd defendant whether by himself and or his officers, men, agents and servants and whomsoever and howsoever from aiding the 2nd, 4th - 10 defendants in imposing, demanding, enforcing and or collecting the Road Tax and or Gaseous Emission permit or any other taxes, levies, charges, dues and or rates.
(6) An order of this honourable court directing the 4th and 5th defendants to render account of all the monies collected for and on behalf of the 2nd defendant but paid into the bank accounts of the said 4th and 5th defendants either by cash, cheques or certified bank draft from 2003 till date.
(7) A perpetual injunction restraining the 2nd, 4th - 10th defendants and their agents, servants and privies from mounting on any highway and or road of the Federal Capital Territory for the purpose of demanding and or collecting road tax and or gaseous emission permit tax or any taxes whatsoever out side the provisions of the fourth schedule to the 1999 constitution.
(8) N500,000,000.00k (Five Hundred Million Naira) in general damages against the 1st, 2nd and 4th - 10th defendants jointly and severally.
(9) 10% interest per annum on the judgment sum from the date of judgment until the final judgment sum is liquidated.
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