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By Ochuko Akuopha, UGHELLI

NSIK Motors Limited, operators of Akwa Ibom State Transport Company, AKTC, has dragged the Delta State Government to a High Court, sitting in Effurun seeking an order of perpetual injunction restraining it from further harassment and impoundment of the company’s vehicles under the guise of Passengers’ Welfare Scheme.

The firm, in its statement of claim, sought damages of the sum of N10 million for unlawful impoundment and restriction of its vehicles for five hours allegedly by agents of the state government.

It also sought a declaration by the court that “by express provision of Section 3 of the Motor Vehicles Third Party Insurance Act, Cap M22, Laws of the Federation, 2004, which the claimants hitherto complied to in respect of their passengers all over the country (‘Passengers’ Welfare Scheme), the vehicles of the claimants are supposed to traverse all the nooks and crannies of the country, inclusive, Delta State of Nigeria, unmolested and undisturbed, upon the proof of such statutory compliance thereof.”

Joined in the Suit number EHC/195/2021, are Calf-Time Global Concept Limited, the first defendant; the State Ministry of Transport, the third defendant and the Attorney General and Commissioner of Justice, the fourth defendant.

The statement noted: “The Claimants, in the course of operating as transporters in Delta State and in Warri, had been treading within the ambit of the law, by paying some park levies and all statutory obligations to the Local and State Governments.

“As a law-abiding Transport Company, the Claimants have religiously abided to payment of any lawful fees/dues within and outside the State, and in Nigeria generally.

“The Claimants, also treading within the ambit of the law had long consulted an Insurance Company called and known as Leadway Assurance Company.

“The Claimants aver that the purpose of the Assurance Company Commercial Vehicle Policy they had with the company is for the sole aim of Passengers’ Welfare Scheme for injuries, death, and damage occasion in a journey. 

“The Claimants shall contend before this Honourable Court that the purpose of such Assurance Insurance Scheme is not limited to a particular place, rather, extend to every part of Nigeria, inclusive Warri, Delta State, if an accident occurs, and that the States cannot embark on the Scheme which will be an affront on the said Act of the Parliament.

“The Claimants aver that they were taken aback when the 1st Defendant engaged their officers at the said Airport Junction, for the purpose of paying One Hundred Naira (N100.00) per passenger, in a manifest and promised that they (the 1st Defendant) shall revert to the Claimants in a way of paying them some percentage, out of the total sum realised monthly, from the payment in the manifest per bus.

“The Claimants state that their workers at the said Park, being mindful of the Assurance/ Insurance Policy the company had already, with the said Leadway Assurance Company simply told the 1st Defendant, that the Company (1st Claimant) already has insurance of Passengers’ Welfare Scheme all over the country.

“The 1st Defendant took offence, threatened fire and brimstone that he is a Consultant to the 2nd and 3rd Defendants by extension and that his agency is going to make uncomfortable the stay of 1st Claimant and his workers in Delta State, except they comply with the payment of the Passengers’ Welfare Scheme, of the sum of N100 per passenger and per bus, all through the operation in Warri.

“Consequence upon the above, the 1st Defendant resulted to a lot of more monumental threats of Imprisoning the workers/Managers of Claimants, domiciled thereat, and on the 27/8/2021, apprehended one Mr. Friday John, in charge of Vehicle Registration No. KTD 262 XA, for failure to submit manifest and payment of the N100.00 fee, per passenger and per bus. 

“The said driver of the vehicle, for fear of losing his job and lack of accrued revenue which such impoundment of the vehicle could occasion, paid the sum of N20,000.00 as claimed by the said Consultant (1st Defendant), wherein a receipt was issued to that effect, dated the 27/8/2021. 

“Prior to the first ‘attack’ on the vehicle of the Claimants, upon the threats of the 1st Defendant on the Claimants, as described, the Claimants caused a letter through the General Manager Operations/Control Officer – Mr Iwueke Kingsley, to the 1 Defendant, for him to sheath his sword and rescind from his decisions/threats, in view of the fact that the Claimants are already religiously abiding by the Passengers’ Welfare Scheme, through Leadway Assurance Company, known all over the world and cannot embark on a repetition of the same process, for the same aim/purpose. 

“The ‘lawlessness’ and ‘rascality’ of the 1st Defendant, supposedly acting under the authority of the 2nd-4th Defendants remained unabated, when the 1st Defendant again arrested and impounded another vehicle of the Claimants on 6/10/2021, with Vehicle Registration Number KMK 382 XA, driven by one M. Moses Okon and impounded same more than three hours, with “passengers” and thereafter extorted the sum of N30,000.00  and issued the same type of receipt. The reasons for the payment of the 1st N20,000.00 and that of the 2nd N30,000.00 is clearly different as stated therein. 

“The Claimants state that in compliance with the above Act, they have been religious in handling any type of case(s), through the said Leadway Assurance, throughout Nigeria, inclusive Warri, Delta State, and finds it extremely difficult in carrying out the same process, for the same purpose all over again, appertaining to the “Passengers’ Welfare Scheme.”

“The Claimants being mindful of the enabling Act, regulating the Passengers’ Welfare Scheme, have been carrying out such, through the said Leadway Assurance all over Nigeria, before the purported Passengers’ Welfare Scheme of the 2nd – 4th Defendants.

“The 1st Defendant at all material times is not an Insurance Company to ‘dive’ into the affairs of Passengers’ Welfare Scheme and the vehicle manifest of Transport Companies, inclusive that of the 1st and 2nd Claimants.”

It added “The Claimants aver that every Transport Company has their own choice of Insurance Company for this purpose, hence, their own choice of service – LEADWAY ASSURANCE COMPANY in Nigeria.

“The Claimants state that it is not every Transport Company that complies with this Passengers’ Welfare Scheme, hence, should not be the ones to pay N100 per passenger and per bus, as a law-abiding corporation who has long been complying to this cherished provision of the Act, through the Leadway Assurance Company in Nigeria.

“The Claimants are not interested or willing to accept and/or receive any percentage of money from the 1st Defendant as promised, as that will amount to encouraging illegality, when they have all along treaded within the ambit of the law from inception, then some erring companies as claimed by the 1st Defendant on record.

“The Claimants state that the 1st Defendant, at the behest of the 2nd and 4th Defendants could make do their threats of making them uncomfortable in Delta State, particularly in Warri, if this Honourable Court does not intervene by a restraining order(s).

“The Claimants aver that every citizen of Nigeria or corporation can flourish and operate lawfully in every State of his choice as one Nigeria, without sentiments and dichotomy, as the 1st Defendant now paints it as such that the 1st Claimant is a non-indigenous company.”

Vanguard News Nigeria