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UYO LOCAL GOVERNMENT V. AKWA IBOM STATE GOVERNMENT

(2020) JELR 109977 (CA)

Court of Appeal  •  CA/C/388/2017  •  22 May 2020  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE, J.C.A. PHILOMENA MBUA EKPE, J.C.A. MUHAMMED LAWAL SHUAIBU, J.C.A.

Judgement

SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice Ekaete F. F.Obot of the Akwa Ibom State High Court sitting at Uyo Judicial Division delivered on 2nd November, 2016 wherein the claim of the claimant (now appellant) was dismissed for lacking in merit.

By an amended originating summons filed at the lower court on 12th October, 2015, the claimant sought for the determination of the following questions: -

  1. Whether by the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Taxes and Levies (Approved List for Collection) Act,2004, the Road Traffic Law, Cap. 115, Laws of Akwa Ibom State, Local Government (Administration) Law2007 (as amended), the defendants herein or any of their agents has the legal right to regulate, charge and collect motor park fees/levies from commercial vehicles in Akwa Ibom State and for their sole benefit.
  2. Whether by the provisions of the Constitution of the Federal Repub…

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