A Human Rights Lawyer and Activist, Oghenejabor Ikimi hasdragged Governor
\nIfeanyi Okowa of Delta State to the\u00a0 State High Court sitting in Otor-Udu
\n, overthe controversial passenger welfare levy recently introduced by the
\nstategovernment.The firebrand legal luminary in a Suit No:\u00a0 OUHC\/111\/2016
\nOGHENEJABOR IKIMI, ESQ., VS.GOVERNOR OFDELTA STATE and 2 ORS, wants the
\nCourt to determine the following:1. \u00a0WHETHER theDefendants\u2019 Passenger
\nWelfare Scheme and the daily tax paid by operatorsof\u00a0\u00a0 motorcycles
\nand\u00a0\u00a0tricycles\u00a0\u00a0 in\u00a0\u00a0 Delta\u00a0\u00a0State\u00a0\u00a0 are\u00a0\u00a0 in\u00a0\u00a0tandem\u00a0\u00a0 with
\nthe\u00a0\u00a0taxes\u00a0\u00a0 and\u00a0\u00a0 levies approved for collection by StateGovernment
\nunder Part II of the Schedule to the Taxes and Levies (Approved Listfor
\nCollection) Act, 2004 (as amended).2. WHETHER the Defendants can collect
\ntaxes and levies thatare not listed in Part II of the Schedule to the
\nTaxes and Levies (ApprovedList for Collection) Act, 2004 (as amended) in
\nDelta State.3. WHETHER the assessment or collection of taxes or levieson
\nbehalf of the Defendants by private tax consultants or private
\nindividualsand bodies is in tandem with the provisions of Sections 2(1), 3
\nand 4 of theTaxes and Levies (Approved List for Collection) Act, 2004 (as
\namended).Besides, he wants the Court to consider the following
\nprovisions:Part II of the Schedule to the Taxes and Levies (Approved List
\nfor Collection)Act, 2004, \u00a0\u00a0Part\u00a0\u00a0II\u00a0\u00a0 of\u00a0\u00a0 the\u00a0\u00a0Schedule\u00a0\u00a0 to
\nthe\u00a0\u00a0Taxes\u00a0\u00a0 and\u00a0\u00a0 Levies\u00a0\u00a0(Approved\u00a0\u00a0 List\u00a0\u00a0 for\u00a0\u00a0Collection)
\nAct,(Amendment)Order, 2015 and Sections 2(1), 3 and 4 of the Taxes and
\nLevies (Approved Listfor Collection) Act, 2004.The Claimant\u2019s claim
\nagainst the Defendants jointly andseverally is as follows:a) A Declaration
\nthat the Defendants\u2019 Passengers WelfareScheme and the daily tax paid by
\noperators of motorcycles and tricycles inDelta State are\u00a0 not in tandem
\nwith the taxes\u00a0\u00a0 and\u00a0\u00a0levies\u00a0\u00a0 approved\u00a0\u00a0 for\u00a0\u00a0collection\u00a0\u00a0 by
\nState\u00a0\u00a0Government\u00a0 under\u00a0\u00a0 Part\u00a0\u00a0II\u00a0\u00a0 of\u00a0\u00a0 the Schedule to the Taxes and
\nLevies(Approved List for Collection) Act, 2004 (as amended).b) A
\nDeclaration that the Defendants cannot collect any taxor levy not listed
\nin Part II of the\u00a0\u00a0Schedule\u00a0\u00a0 to\u00a0\u00a0 the\u00a0\u00a0Taxes\u00a0\u00a0 and\u00a0\u00a0 Levies\u00a0\u00a0(Approved
\nList\u00a0\u00a0 for\u00a0\u00a0Collection)\u00a0\u00a0 Act,\u00a0\u00a0 2004\u00a0\u00a0(as amended).\u00a0 c) A\u00a0 Declaration
\nthat\u00a0the\u00a0 assessment\u00a0 or\u00a0collection\u00a0 of\u00a0 taxes\u00a0or\u00a0 levies on\u00a0\u00a0 behalf\u00a0of
\nthe Defendants by private taxconsultants or private individuals or bodies
\nis not in tandem with theprovisions of Sections 2(1), 3 and 4 of the Taxes
\nand Levies (Approved List forcollection) Act, 2004 (as amended).d)
\nPerpetual\u00a0\u00a0injunction\u00a0\u00a0 restraining\u00a0\u00a0 the\u00a0\u00a0Defendants\u00a0\u00a0 from
\nfurther\u00a0\u00a0collecting\u00a0\u00a0 Passengers Welfare\u00a0\u00a0 Scheme\u00a0\u00a0levies\u00a0\u00a0 and
\nmotorcycle\u00a0\u00a0and\u00a0\u00a0 tricycle \u00a0\u00a0taxes\u00a0\u00a0in\u00a0\u00a0 Delta\u00a0\u00a0 State\u00a0\u00a0as\u00a0\u00a0 same
\ncontravenes\u00a0\u00a0 Part\u00a0\u00a0II\u00a0\u00a0 of\u00a0\u00a0 the\u00a0\u00a0Schedule\u00a0\u00a0 to\u00a0\u00a0 the\u00a0\u00a0Taxes\u00a0\u00a0 and
\nLevies\u00a0\u00a0(Approved\u00a0\u00a0 List\u00a0\u00a0 for Collection) Act, 2004 (as amended).\u00a0e)
\nPerpetualinjunction restraining the Defendants from further collecting
\ntaxes and levies inDelta State that\u00a0 are not\u00a0 listed\u00a0in Part II\u00a0 of the
\nSchedule to theTaxes and Levies(Approved List for Collection) Act, 2004
\n(as amended). \u00a0f) Perpetual\u00a0\u00a0 injunction\u00a0\u00a0restraining\u00a0\u00a0 the
\nDefendants\u00a0\u00a0from\u00a0\u00a0 further\u00a0\u00a0 using\u00a0\u00a0private\u00a0\u00a0 tax consultants orprivate
\nindividuals or bodies for assessing and collecting taxes and levies
\nonbehalf of the Defendant in Delta State as same negates the provisions
\nofSections2(1),\u00a0 3\u00a0\u00a0 and\u00a0\u00a04\u00a0\u00a0 of\u00a0\u00a0 the\u00a0\u00a0Taxes\u00a0\u00a0 and\u00a0\u00a0 Levies\u00a0(Approved
\nList\u00a0\u00a0 for\u00a0\u00a0 Collection)\u00a0\u00a0 Act,\u00a0\u00a02004\u00a0\u00a0 (as amended). AND any
\nothersuitable relief or other orders this Honourable Court may deem it to
\nmake in thecircumstance.<\/p>\n","protected":false},"excerpt":{"rendered":"
A Human Rights Lawyer and Activist, Oghenejabor Ikimi hasdragged Governor Ifeanyi Okowa of Delta State to the\u00a0 State High Court sitting in Otor-Udu , overthe controversial passenger welfare levy recently…<\/p>\n","protected":false},"author":1,"featured_media":50798,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-51199","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n