8.
Personal income tax in respect of (a) Members
of
the
armed
forces
of
the
.il
Federation;
(b) Members of the Nigeria Police force ;
(c) Residents of the Federal Capital Territory,
Abuja; and
( d) Staff of the Ministry of Foreign Affairs .
As can be seen from the list above, taxes and levies
from motorists (as in the Charge) are not within those to
be collected by the Federal Government. Road Taxes are
listed in Part II of the Schedule which only the State
Government is entitled to collect . The defendants are
alleged to · committed offences relating to taxes and
levies . They were not collecting lawful taxes and levies
on behalf of any government. Section 251(3) of the
Constitution of the Federal Republic of Nigeria 1999 does
not apply in this case. See also the case of A.G. & CJ
Anambra State vs. Registered Trustees of the
Cattle dealers Association Lagos State (2016)
LPELR-40474 (CA) .
Even if the offences the defendants are charged with
were committed on a Federal High way or that they are
9