Osun Govt Dragged To Court Over Illegal Collection Of Levies, Fines
The Osun State Government had been dragged before a High Court sitting in Iragbiji over alleged illegal collection of levies and fines by one of its consultants.
Joined in the suit as the 2nd and 3rd defendants by the claimant, Mr Raufu Olaiya, are the State Attorney General and the consulting company, MSC Maintenance Systems Consult.
In an affidavit filed by the applicant, a copy obtained by OSUN DEFENDER on Tuesday, the businessman who sells drinks said agents of the 3rd defendant on October 11 2023, on the order of the state government, besieged his office located around Ayetoro area, Osogbo, with weapons and chased some of his drivers away, alleging that they parked the trucks in a restricted area.
Olaiya said the trucks were towed by the 3rd defendant forcefully without any court order to that effect.
He added that the sum of N180,000 was forwarded in two different letters by the 3rd defendant as fines for the two trucks.
The applicant’s lawyer, Adeshina Olaniyan in his originating summons, asked the court to determine “Whether the provision of the Road Traffic (Amendment) Law 2008 empowers the 3rd defendant to seize and detain the vehicle of the applicant having not been tried and found guilty by a competent court of law.
“Whether the provision of Road Traffic (Amendment) law 2008 empowers the 3rd defendant to impose/fine on defaulting person without being fined by a court of law and found guilty of the offence.
“Whether the detention and seizure of the applicant’s vehicles by the defendants under the provision of Road Traffic (Amendment) law 2008 with reference to seventh schedule (further penalties) for General Road users and other commercial activities in Osun State is not in violation of the provision of section 6(6)(b) and section 44 of the 1999 Constitution as amended.
The lawyer also sought a determination as to “Whether the imposition of arbitrary fines on the applicant’s trucks without trial and conviction by a competent court of law under the provision of the Road Traffic (Amendment) law 2008, the 7th schedule is not violated and run foul of the judicial function of the court as entrenched in section 6(6)(b) of the 1999 Constitution amended.
“Whether the provision of the Road Traffic (Amendment) law 2008 empowers the 1st and 2nd defendants to delegate the control of Traffic on the 3rd defendant who is not a uniform man in line with the provision of Section 90 subsection 1 of the Federal Road Safety Commission Act to control Traffic.”
Olaniyan added that if the issues raised are resolved against the defendant, the claimant will seek a declaration that the detention of his trucks with registration numbers YA 62u CHC and XC 778 AKK without an order of a competent court of law by the defendants is unlawful and ultravires of the law.
“A declaration that the demand for the payment of levies and fines from the applicant is ultravires and unconstitutional.
“An order of the court ordering the unconditional release of the applicant trucks and an order of the court prevailing and ordering that the collection of levies/fines or attempting to collect fines and/or levies from the applicant by the 3rd defendant for traffic violation without an order of a court of law is violative of the law.
“Declaration that the delegation of power to the 3rd defendant for controlling traffic in Osogbo and its metropolis to non-uniformed personnel in effect the 3rd defendant is violative of the provision of the law.
“An order of the perpetual injunction restraining the defendant, their agents, servants and privies for collecting levies, dues and arresting vehicles without any court order to that effect.”
The claimant finally seeks “general damages of the sum of N3,000,000,00 (Three million naira only) jointly and severally.”
However, the Chief State Counsel, B.O Afolayan in his counter affidavit, urged the court to dismiss the case in its entirety.
The case was adjourned to August 22 for judgment.
