AMAC Bye-law: Resident Sues Area Council over Arrest, Confiscation of Vehicle

An Abuja resident, Salimon Abiodun, has sued the Abuja Municipal Area Council (AMAC) and its chairman over the arrest and confiscation of his vehicle.

He is seeking an interpretation of the bye-laws of the Abuja Municipal Area council.

In an originating summon filed at the High Court of the FCT, Abuja Judicial Division against the Chairman, Abuja Municipal Area Council, and the Abuja Municipal Area Council, Salimon Abdulhakeem Abiodun, the claimant through his counsel, Qousim A. Opakunle, Esq., claimed that the arrest and confiscation of the claimant`s car with Chasis Number 5TDZA23C75S264195 and registered with private plate number KWL-63CE is unlawful, oppressive and clear violation of  the claimant’s fundamental right to own a private property.

In the summons, Abidoun submitted two questions for the determination of the Court and sought five reliefs or orders.

The questions are whether the Claimant, who is the owner of the private vehicle with Chasis Number 5TDZA23C75S264195 and registered with private plate number KWL-63CE is required under section 1 of the Abuja Municipal Area Council byelaw known as Commercial Vehicles Picking Up Passengers Byelaw (No. 3) (PART IV) 2012 (as amended) or any other provisions of the Abuja Municipal Area Council byelaw to pay any fee or fees for daily or yearly ticketing to have warranted the confiscation and towing away of the Claimant`s vehicle and forceful collection of sum of N50,000 in 2023, N50,000 in 2024 and N20,000 in 2025 from the claimant by the defendants?

Also, whether the claimant, who is the owner of the private vehicle with Chasis Number 5TDZA23C75S264195 and registered with private plate number KWL-63CE is required under section 1, section 2, section 3 and First Schedule to the byelaw of the Abuja Municipal Area Council known as Regulation of Mobile Advertisement Byelaw (No. 6) (PART VI) 2012 (as amended) or any other byelaw of the Area Council to pay any fee or fees for mobile advert to have warranted the confiscation and towing away of the claimant`s vehicle and forceful collection sum of N50,000 in 2023, N50,000 in 2024 and N20,000 in 2025 from the Claimant by the Defendants?

Furthermore, he is seeking for the following reliefs among others:

“A  declaration that the arrest and confiscation of the claimant`s car with Chasis Number 5TDZA23C75S264195 and registered with private plate number KWL-63CE is unlawful, oppressive and clear violation of claimant fundamental right to own a private property.

“A declaration that the forceful collection of the sum of N50,000 (fifty thousand naira only) on 11th January 2023, N50,000 (fifty thousand naira only)  on 8th of February 2024 and sum of N20,000 (twenty thousand naira only) on 3rd of March 2025 from the claimant by the defendants for Mobile Advert fees and Daily and Yearly Ticketing fees are illegal, oppressive and amount to extorsion.

“An order directing the defendants to refund with immediate effect all the sum of N120,000 (one hundred thousand naira only) being the amount of money forcefully and unlawfully collected by the defendants from the claimant in the year 2023, 2024, and 2025 for Mobile Advert Fees and Daily and Yearly Ticketing.

“An order prohibiting the defendants, their agents, partners, subordinate from arresting the claimant`s vehicle or any other private vehicles not being used for any commercial purposes while using Abuja roads within the territory of the defendants”.