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…awards 5 million Naira fine to the state government
It was a moment of jubilation for AKMODE TRANSPORT NIG LTD yesterday at court 6 of the Ogun state Judiciary Complex, Kobape road, as the court ruled in her favor over a case of violation of rights and over taxation.
The case which have been on trial over 4 years , with Ogun state government as first defendant and Ogun state Internal Revenue as the second defendant.
While reading her ruling on the case, Justice Osunfisan of the Ogun state High Court, condemned the act of criminality and unlawful means of collection of tax, particularly daily tax which is contrary to the law.
She also condemned the infringement of the rights and privileges of the claimant by the defendants to be recognized as a corporate entity, registered under the law to do business in any part of the state.
Justice Osunfisan, added that the defendants did not have the locus standing to charge the claimant on tax evasion and compulsion in mode of operation similar to other transport Unions , which the claimant had earlier restricted with a court judgment.
The court therefore awarded the sum of 72,400 Naira (seventy two thousand, four hundred Naira) as special damages, and 5million Naira fine to the defendants.
The legal counsel to the claimant, Barrister Temitope Adekoya expressed satisfaction to the court judgement, saying there is hope for the common man in the society.
He said the judgement was a call to the government to abide by the law in their operation. Barrister Adekoya added that, “Nobody is saying that government should not collect tax, but they should collect what the law says they should collect. You do not have power to impose, but what the law says you should collect. The mode of collection is another thing we raised before the court. If the government should comply, those hoodlums on the road violently running after motorcycle riders will stop. They are not meant to collect tax on the road, unless they want to turn the state to a chaotic society.”
Barrister Adekoya however said the defendants have the right to appeal the judgement before a law court if not satisfied with the ruling.