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  LAW & JUDICIARY
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  Display of Companies' Name and Logo on Vehicles Not Advertisement    

The vexatious issue of levying taxes on company vehicles with logo by local government councils has been put paid to by the court JUDE IGBANOI reports

((( BACK

The vexatious issue of levying taxes on company vehicles with logo by local government councils has been put paid to by the court JUDE IGBANOI reports

In what appears to be a hard fought legal tussle over the right to display names and logos on company vehicles, eight companies emerged victorious over Apapa Local Government, A ruling by Justice Adetula Alabi put this matter to rest. Eight Companies, SDV Nig Ltd; Alraine shipping Agencies, Panalpina, Wasa Delmas, Transcap, Umarco, DTV, Elder Dempster and Glaxo Wellcome (Nig) Ltd. in a joint suit dragged the Apapa Local Government to court over their right to display their company name and logo on the bodies of their vehicles.

They prayed the court to declare that such display of company name on their vehicles for the purpose of identification did not amount to advertisement, sign board or out-door advertisement. They also prayed the court to declare that such display of company name on vehicles should not attract the imposition of any charges. In addition a perpetual injunction restraining the Local Government from mounting road blocks, seizing, arresting or detaining vehicles or any property of the companies.

Mr. C.A. Candide Johnson appeared for the eight companies while Mr. G.O. Jide Offor holding the brief of Mr. H.O. Oyenuga appeared for Apapa Local Government. The learned judge held that the purported Bye-Law which enabled the Local Government to charge fees on mobile advertisement was unconstitutional, irregular, null and void, after hearing the argument of counsel for both sides. His Lordship was also pained by the fact that the said Bye-Law was published in a gazette described as Lagos State Local Government Official Gazette. He said he was not aware that Local governments, in Lagos State now publish a separate official gazette. He declared such publication a forgery and therefore its contents a nullity. He therefore granted all the prayers sought by the plaintiffs.

It therefore follows under the doctrine of precedence that all 774 local governments in the country are restrained from imposing levies on vehicles that display company names and logo for the purpose of identification.

The judgment also makes it illegal for Local governments to publish Gazettes different from their state governments. This surely is a victory for all companies who had suffered and are still suffering and groaning under oppressive taxes and levies by local government councils.

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