Court Orders DBIR To Collect Motorcycles Taxes Pending Appeal Court Suit

A High Court sitting in Otor-Udu has order a stay of execution of an earlier judgment which declared collections of taxes and levies on motorcycles and tricycles by a consultant appointed by Governor Ifeanyi Okowa as illegal in Delta State.

Instead, the court orders that all taxes and levies be collected by the Delta State Board of Internal Revenue, DBIR, pending the determination of the appeal filed against the earlier judgement which declared the collection of this taxes and levies by the consultant illegal.

BigPen Online recalls that the Delta State Government, through the State Attorney General, Mr Peter Mrakpor had filed an appeal in the Court of Appeal, Benin City against the earlier judgement delivered on the 28th day of April, 2017 in Suit No: OUHC/111/2016.

The suit was brought by human right activist and Executive Director, Center for Vulnerable and the Underprivileged, CENTREP, Barr. Oghenejabor Ikimi.

However, following the judgment, the Attorney General had filed an application brought by way of motion on notice dated 1/5/2017 and filed 2/5/2017 at High Court, Otor-Udu in Suit No. OUCH/111/2016 Oghenejabor Ikimi, ESQ. vs Governor of Delta State & 2 Others, praying the court to grant:

“An order staying the execution of the judgment of this Honourable Court delivered on the 28th day of April, 2017 in Suit No: OUHC/111/2016 pending the hearing and determination of the appeal filed by the Appellants to the Court of Appeal, Benin-City against the said judgment.

“An order of injunction pending appeal to restrain the Claimant/Respondent from taking steps to reap the benefits derivable from the judgment of this Honourable Court delivered on the 28th day of April, 2017 pending the hearing and determination of the Defendants/Appellants/ Applicants’ appeal to the Court of Appeal, Benin-City.

“An order staying any process in furtherance of the Claimant/ Respondent/Respondent towards reaping the benefits of the judgment of the Honourable Court delivered on the 28th day of April, 2017 pending the hearing and determination of the Defendants/Appellants/ Applicants’ appeal to the Court of Appeal, Benin-City”.

After listening to counsels to both parties, the presiding judge, Justice C. E. Achilefu (Mrs.) on the 30th day of June, 2017 ordered thus:

“It is my view that in the interest of justice that the taxes and levies on motorcycles and tricycles be collected by the Board of Internal Revenue pending the determination of this appeal and I so hold.

“Consequently I hereby order as follows: The Claimant/Respondent is hereby restrained from taking steps to reap the benefits derivable from the judgment of this Honourable Court delivered on the 28th day of April, 2017 pending the hearing and determination of the Defendants/Appellants/Applicants’ appeal to the Court of Appeal, Benin-City.

“The taxies (taxes) and levies on motorcycles and tricycles should be assessed and collected by the Board of Internal Revenue pending the hearing and determination of the Defendants/Appellants/Applicants appeal to the court of appeal, Benin-City”.

Commenting on the ruling on Thursday, Ikimi said, “We hope that the Delta State Government would see reason to abide by the above order of this Honourable Court by directing the State Board of Internal Revenue to start the process of assessing and collecting motorcycle and tricycle taxes and levies in the State pending the hearing and determination of their appeal to the Court of Appeal, Benin-City”.