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.