Cross River: Fed High Court Awards N50m Damages Against 100 Marian Over Illegal Impoundment of DELVAN Members Vehicles
Ndifereke BASSEY
The legal battle over daily tolls in Cross River has got to a climax as Federal High Court in Calabar has warded N50m damages against CTRA, popularly known as 100 Marian, for illegally impounding DELVAN members' vehicles for over three months.
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.
DELVAN and Raphael Sabbath among others are seeking for a declaration that the applicants are entitled to be protected against discrimination from Cross River state government, State Attorney General and Mr. Efa Nyong (Respondents); a declaration that the unilateral arrest, impounding, imposition and collection of fines by the Efa and co from the Applicants without a valid Court Order amounted to breach of the Applicants' rights of fair hearing and natural justice; a declaration that Efa's publication dated January 2, 2025 announcing that no member of the public should register with DELVAN as an association is an infringement of the Applicants fundamental human rights to peaceful Assmebly and association and right freedom from discrimination protected under sections 40 and 50 of the Constitution.
The Applicants further seek an order compelling the Applicants to jointly/severally to unconditionally release all vehicles of DELVAN unconditionally impounded by them and an order compelling the Respondents jointly and severally to pay the sum of N500,000,000 to DELVAN as damages for infringement of their rights relative to discrimination and inhuman and degrading treatment.
Delivering judgement on March 27, 2025 after hearing the counsels for for Applicants and Respondents, Triumph Atteh and T.O.Inyambe respectively, Hon. Justice Ijeoma I. Ojukwu, ordered that Cross River State Government, AG, CTRA 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.
Justice Ojukwu further ordered that the impounded DELVAN vehicles without fair hearing and due process of law constitute a violation of the Applicants right against compulsory acquisition of property and the applicants' right to fair hearing and should be unconditionally released and an order withdrawing the public service announcement that the public should not register with DELVAN.
