C' River High Court Bars 100 Marian (CTRA), Others from Imposing Revenue, Impounding DELVAN Vehicles Indefinitely
By Judex OKORO
Cross River High Court has delivered judgement baring Commercial Transport Regulatory (Monitoring and Regulatory) Agency (CTRA) (popularly known as 100 Marian from imposing fines, collecting revenue and confiscating Delivery Vehicle Owners and Drivers Association of Nigeria (DELVAN) indefinitely.
This is coming barely three months after the federal High Court in Calabar had awarded N50m to DELVAN for breach of fundamental human rights.
The High Court sitting at Akamkpa and presided over by Justice Offem I. Offem, in a Suit No. HK/2/2025 between Incorporated Trustee of Delivery Vehicles Owners and Drivers Association of Nigeria (DELVAN) as (Applicant and Claimants) and Government of Cross River State, Commercial Transport Regulatory (Monitoring and Regulatory) Agency, Mr. Efa Effiong Nyong, and Attorney General of Cross River State (defendants) ruled that defendants have no powers under the 1999 Constitution and Law No.2 of 2010 as amended in 2017 to unilaterally impose fines on DELVAN members.
Justice Offem further ruled after deliberations on counsels, Triump Atteh, Esq, for the claimant and T. O lyanbe (SSC11) used to appear for the defendants and was absent and has not written, that the Commercial Transport Regulatory (Monitoring and Regulatory) Agency (defendants) shall jointly and severally pay N500, 000 minimal damages/cost to the claimant (DELVAN) to assuage the expenses incurred.
The judgement delivered on June 4, 2925 reads in part: "I find and hold that the defendants have no powers under the 1999 Constitution and Law No.2 of 2010 as amended in 2017 to unilaterally impose fines on the members of the claimant and go ahead to confiscate their vehicles for failure to pay those fines.
"They acted ultra vires the constitution and the law supra. And to this extent therefore, the claimant's case is successful and I so find and hold. I have already ordered the release of those vehicles to the claimant and I am sure the defendants have complied.
"In the end, I hereby order that on no account should the defendants ever impose fines and impound vehicles belonging to members of the claimant for any reason whatsoever without recourse to a court of competent jurisdiction; particularly the Revenue Court set up for that purpose.
"Let me add that the claimant cannot be made to pay further taxes and levies for 2025 to the 2™ and 3 defendants having already paid same to the 1" defendant through the chairman of IRS as shown in exhibits 3 and 4 respectively. The 2nd and 3rd defendants are obligated to reconcile this position with the chairman IRS. I so hold and order accordingly.
"Furthermore, the defendants shall jointly and severally pay N500, 000 minima damages/cost to the claimant to assuage the expenses incurred. I so hold."
DELVAN and CTRA have been at loggerheads over revenue and impounding of vehicles belong to the former. And this has led to series of litigation at Federal and State High Courts. At the Akamkpa High Court, DELVAN had sought among others a declarations that "CTRA and Nyong Efa don't have legal power to print vagaries of daily toll tickets (including those for private person(s) or and association) for sale to members of the general public including DELVAN.
"A declaration that DELVAN are under the protection of the Constitution of (the Federal Republic of Nigeria, 1999 to live and carry out their commercial transportation duties in Cross River State without any further harassment or disturbance from CTRA and especially having paid the 2025 harmonized tax dues and levies for Commercial road transportation business in Cross River totaling N5, 000, 000 00 which was paid on January 21, 2025 in favour of CTRA.
"A Declaration that the Nyong and CTRA are bound by the Respondont’s policy on the eave-of-doing -business and the Federal Government of Nigeria's tax reforms and policy on harmonization of taxes.
"A declaration that Sections 17(1) (e) and 42 or any other Section(s) of the Cross River State Commercial Transport (Regulatory and Monitoring) Agency Law, 2010 and its amendment of 2017 do not empower the 2% and Nyong to impose fines on any person, including members of DELVAN without first having recourse to a court of competent jurisdiction, otherwise such provisions (especially Section 42 thereof) is inconsistent with the principle of separation of powers enshrined in Sections 4, 5 and 6 of the Constitution of the Federal Republic of Nigeria, and by virtue of Section 1(1) and (3) of the said Constitution, same is void to the extent of such inconsistency.
"A declaration that the impounding of DELVAN's vehicles' imposition and collection of fines by CTRA and Efa Effiong Nyong from members of the public, including members of the DELVAN accused of defaulting its Law without first having recourse to court of competent jurisdiction is unconstitutional, ultra vires, null and void:
"A declaration that the Cross River State Commercial Transport (regulatory and Monitoring) Agency Law, 2010 and its amendment of 2017 does not empower the 3% Respondent to unilaterally prescribe fees for registration, renewal or/and daily toll except approves by CTRA Board."
Recall that the Incorporated Trustees of Delivery Vehicles Owners And Drivers Association of Nigeria (DELVAN) and Mr. Raphael Sabbath (Applicants) had sued Government of Cross River State, Attorney General of Cross River State, Commercial Transport Regulatory Agency (CTRA) and Mr. Efa Effiong Nyong (CTRA, Chairman) (all respondents) in a Suit No.FHC/CAL/FHR/22/2025 seeking for enforcement of Applicants Fundamental Human Rights (Enforcement Procedure) Rules 2009, Sections 62 and 64 of the Police Act.
Delivering judgement on March 27, 2025 after hearing the counsels for Applicants and Respondents, Triumph Atteh and T.O. Inyambe respectively, Hon. Justice Ijeoma I. Ojukwu, ordered that Cross River State Government, AG, TRA and Efa Nyong shall pay the sum of N50m to DELVAN; that CTRA and Efa Nyong should follow due process of law in carrying out their duties and shall refrain from any actions that are inimical to the fundamental rights of the applicants and members of the general public.
