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A Yola High Court has on September 21, 2022, delivered a judgment restraining Adamawa State Government from inflation cattle tax beyond N500.

The state government has imposed a N5,000 naira cow leaving Adamawa state from the cattle market, which is the highest in the federation, the vendors have protested, explaining that every state charged cattle tax per truck load not per head, giving example with Borno state that charged the highest amount of N6,000 per truck load of cattle, considering the security situation.

“A truck load of 30 cows, by Adamawa cattle tax regime of N5,000 per cow will cost N150,000 as opposed to Borno state’s N6,000 only per 30 cows loaded in a truck leaving the state.

“We have to challenge this policy before the law and we commend the judgment,” the vendors disclosed to the newsmen.

Read below the full text of the judgement:

IN THE HIGH COURT OF JUSTICE OF ADAMAWA STATE IN THE YOLA JUDICIAL DIVISION

HOLDEN AT YOLA

SUIT NO.HC/ADSY/150/2022

BETWEEN:

PLAINTIFFS/APPLICANTS:

1. INCORPORATED TRUSTEES OF AMALGAMATED CATTLE DEALERS ASSOCIATION OF NIGERIA

2. ABUBAKAR DAIFURU

3. BELLO BAKORI

AND

DEFENDANTS/RESPONDENTS

1. ADAMAWA STATE GOVERNMENT

2. THE HONOURABLE ATTORNEY-GENERAL OF ADAMAWA STATE

3. ADAMAWA STATE INTERNAL REVENUE SERVICE-

4. COMMISSIONER OF POLICE, ADAMAWA STATE

5. THE COMMANDANT, NIGERIA SECURITY AND CIVIL DEFENCE CORPS, ADAMAWA STATE

BEFORE HIS LORDSHIP HON. JUSTICE MUSA USMAN (JUDGE)

MOTION EX-PARTE

BROUGHT UNDER ORDER 10 RULE 6 AND 7 OF THE ADAMAWA STATE HIGH COURT [CIVIL PROCEDURE RULES 2013 AND UNDER THE INHERENT POWERS OF THE COURT.

ORDER DATED 21ST SEPTEMBER, 2022

UPON THE MOTION EX-PARTE DATED 19TH SEPTEMBER, 2022 AND FILED ON THE 20TH SEPTEMBER, 2022 PRAYING FOR THE FOLLOWING ORDERS;

1. AN ORDER OF INTERIM INJUNCTION RESTRAINING THE DEFENDANTS IN THEMSELVES, THEIR SERVANTS, AGENTS AND OFFICERS FROM DEMANDING, RECEIVING OR IMPLEMENTING THE PAYMENT OF ANY SUM OF MONEY THAT IS ABOVE THE SUM OF N500 STIPULATED IN NO.22 SUB 109/2022 ITEM 2 OF SCHEDULE 1 OF THE ADAMAWA STATE REVENUE ADMINISTRATION LAW AS TRADE ANIMAL

FEE IN RESPECT OF CATTLE IN ADAMAWA STATE PENDING THE HEARING AND DETERMINATION OF THE APPLICANTS MOTION ON NOTICE.

2. ANY ORDER OR FURTHER ORDERS AS THE COURT MAY DEEM FIT TO MAKE IN THE CIRCUMSTANCES OF THIS CASE.

I HAVE CAREFULLY CONSIDERED THE APPLICATION, THE AFFIDAVIT IN SUPPORT OF THE APPLICATION AND THE AFFIDAVIT OF URGENCY IN SUPPORT THEREOF DEPOSED TO BY ABUBAKAR DAIFURU, NIGERIAN 48-YEAR-OLD ADULT MALE MUSLIM AND BUSINESSMAN RESIDING IN WURO BULDE WARD IN MUBI TOWN IN MUBI SOUTH LOCAL GOVERNMENT AREA OF ADAMAWA STATE, THE EXHIBIT ATTACHED THERETO AS EXHIBIT “A” AS WELL AS THE WRITTEN ADDRESS WHICH LEARNED COUNSEL ROLAND C EMEM ESQ ADOPTED AS THEIR ORAL SUBMISSION IN THIS APPLICATION. I AM SATISFIED THAT THE APPLICATION IS MERITORIOUS AND OUGHT TO BE GRANTED AND SAME IS ACCORDINGLY GRANTED AND ORDERED AS FOLLOWS;

 

COURT ORDER

1. THE DEFENDANTS/RESPONDENTS IN THEMSELVES. THEIR SERVANTS, AGENTS AND OFFICERS ARE HEREBY RESTRAINED FROM DEMANDING, RECEIVING OR IMPLEMENTING THE PAYMENT OF ANY SUM OF MONEY THAT IS ABOVE THE SUM OF N500 STIPULATED IN ITEM NO.22 SUB ITEM 2 OF SCHEDULE 1 OF THE ADAMAWA STATE REVENUE ADMINISTRATION LAW AS TRADE ANIMAL FEE IN RESPECT OF CATTLE IN ADAMAWA STATE PENDING THE HEARING AND DETERMINATION OF THE APPLICANTS’ MOTION ON NOTICE.

2. THE PROCESSES OF THIS CASE AND THIS ORDER BE SERVED ON THE DEFENDANTS/RESPONDENTS

3. THE CASE STANDS ADJOURNED TO THE 27TH SEPTEMBER, 2022 FOR HEARING OF THE MOTION ON NOTICE

 

ISSUED UNDER SEAL OF THE COURT AND HAND OF THE PRESIDING JUDGE

DATED THIS. 21st DAY OF SEPTEMBER, 2022

D.C.F LITIGATION

(BARR. HELEN SAMUEL)

DEPUTY CHIEF REGISTRAR LITIGATION


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