punishable under section 3(b) of the tax and
levies approved list for collection Act Ca p T2
Laws of the Federation of Nigeria 2004 .
~
That you Emmanuel Ekemezie ' m'
1
Ekemezie Chinanso 'm' and Okechukwu Od~h 'm '
on the same date and place and within the
aforementioned Judicial Division and not being
tax authority or being authorized by appropria te
tax authori ty did collect illegal levies from
motorist and you thereby comm itted an offence
contrary to sect ion 2(2) of t he tax and levies
approved li st for collect ion Act Cap T2 LFN 2004
and punishable under section 3{b) of the tax and
levies approved list for collection Act Cap T2
Laws of t he Federatio n of Nigeria 2004."
On 26/0 5/2017, the defendants filed a Notice of
Preliminary Objection praying the cou rt to strike out
the charge on the following grounds -
1. The charge was fi led in t otal disregard of the
provisions of section 251 of the 1999
const itution (as amended).
2. The Act i.e. the Taxes and Levies (Approved
List for Collection) Act Cap T2 LFN 2004 under
which t he defendants are charged did not
confer jurisd iction on t he Federal High Co urt .
3. This charge is an abuse of the processes of th e
Honourab le Court.