Delta State Government has no constitutional mandate to Collect Signage, Advertisement Taxes, Levies—-Court

By Emma Arubi

A Delta State High Court sitting in Warri has declared that Delta State Government has no constitutional mandate to demand and collect Signage and Advertisement taxes and levies from individuals and corporate bodies.

Hon. Justice Ejiro Emudianohwo of the Warri High Court 3 gave the ruling Friday 14, January 2022 in Suit No. W/190/2020 between Comfort Edematie (Trading under the name and style of Cedar House) as Claimant in an originating summons against Attorney General of Delta state and the Delta state government jointly and severally seeking a Declaration that by virtue of the Taxes and Levies (Approved list for collection) Act, Cap T2 Laws of the Federation, 2004 and the doctrine of covering the field, the Delta state structure for Signage and & Advertisemnet Agency Law 2015 to the extent that it vest on the delta state government  the power to Legislate, impose, demand and collect Taxes and Levies outside those specified in (part 11 for collection by state government in the and levies (Approved list for collection) Act, Cap. T2, Laws of the Federation, 2004 thereby contrary to paragraphs 1 and 2 of the Fourth Schedule to the 1999 Constitution is unconstitutional, illegal, null and void.

The Originating summons further sort an order setting aside the demand notice served on the Claimant for the payment of Tariff known as outdoor Signage and Advertisement revenue by the Delta State Government. After adopting the written addresses of counsels from both parties, Justice Emudianohwo adjourned the matter for judgment to 14 January, 2022.

Delivering her judgment, she stated that the Defendants do not have power to demand or collect taxes and Levies for signage & Advertisement from individuals or corporate bodies. It is the duty of the local government Council as stated in the 1999 Constitution. It is the Local government council that is constitutionally empowerd to collect the revenue.

F.J. Atie, Esq. represented the Claimant throughout the hearing.

The same judgment against the Delta state government was also given by Hon. Justice Emudianohwo same day in suit No. W/189/2020 between Regenix Health Care Services Ltd. V A.G Delta state and Delta state government.