Illegal Tolls: Ogun cracks down on unapproved motorcycle associations

The Ogun State Government has commenced a crackdown on unapproved motorcycle operators’ associations operating across the state, warning them to immediately stop the illegal collection of revenues, levies and other government-related charges from commercial motorcycle operators. This was disclosed in a statement on Sunday by Kayode Akinmade, the Special Adviser on Information and Strategy to the governor.

The government said only three motorcycle operators’ associations—ROMO, AMORAN and ACCOMORAN—are currently recognised and permitted to operate on public roads and parks in Ogun State.

It described the activities of unapproved associations as a violation of the state’s regulatory framework, saying their continued operations undermine the proper regulation of commercial motorcycle transportation, threaten public peace and order, and lead to the illegal collection of revenues that should accrue to government.

The government specifically identified ANACOWA, AKMODE Transport Limited and other parallel motorcycle operators’ groups as unapproved associations not authorised by the Ogun State Ministry of Transportation to conduct commercial motorcycle revenue activities on public roads and parks.

It also clarified that the affected groups are not authorised by the Ogun State Internal Revenue Service (OGIRS) to collect personal income tax or any government levies from their members.

According to the government, registration of an association with the Corporate Affairs Commission (CAC) only confers legal personality on the organisation and does not, in itself, constitute a licence to engage in regulated commercial motorcycle operations or authorise the collection of taxes and other government revenues in the state.

It stressed that while citizens have a constitutional right to form or belong to associations, such a right does not confer an automatic licence to undertake regulated commercial activities without the necessary approvals, permits and licences from the relevant government authorities.

The government also addressed the March 28, 2023 judgment delivered by Justice Akinyemi, which has been cited by AKMODE Transport Limited and other affected groups in support of their operations.

It explained that the judgment affirmed the constitutional right to freedom of association through registration with the CAC but did not grant any licence to operate commercial motorcycle activities in public spaces or confer authority to collect government revenue.

The judgment, it added, did not invalidate the state’s policy on the licensing and regulation of commercial motorcycle operations.

Consequently, the government directed ANACOWA, AKMODE Transport Limited and all other unapproved motorcycle operators’ associations to immediately cease revenue collection and other unauthorised activities in public spaces across the state.

It warned that continued operation by such groups would be treated as a violation of the state’s regulatory framework and a challenge to constituted authority.

The government, however, assured that enforcement of the directive would be carried out professionally, peacefully and strictly in accordance with the law.

The Ministry of Information is to commence immediate public enlightenment on the directive, while relevant security and enforcement agencies have been directed to commence simultaneous implementation.

The government said the Police and other relevant agencies would take all lawful measures against individuals or groups that violate the directive. Such measures, where legally permissible, may include arrest of persons reasonably suspected of committing an offence, seizure or impoundment of property and prosecution before the appropriate authorities.

Commercial motorcycle operators and members of the public were therefore advised not to pay taxes, levies, subscriptions or other government-related charges to any association or individual not duly authorised by the state government.

The government urged all stakeholders to comply with the directive and cooperate with the relevant authorities to ensure a properly regulated, orderly and lawful commercial motorcycle transportation system in Ogun State.