Introduction
Imagine this: you’re in traffic, trying to navigate your way through a congested street, when a group of young men—commonly referred to as *area boys* or touts—blocks your path. They demand a fee before you can proceed. Refuse, and they threaten to break your side mirror or scratch your car. Submit, and you’re left angry and helpless, wondering: *Is this even legal?
Short answer: No.
Refusing to pay unofficial “fees” or “levies” demanded by area boys, touts, or self-styled “task forces” is not illegal. In fact, the demand itself is unlawful. Depending on the circumstances, it may constitute a range of criminal offences under Nigerian law, including:
Extortion or demanding with menaces
Assault and threats of violence
Robbery (in aggravated cases)
Unauthorized revenue collection
This article examines the legal framework surrounding such conduct, key judicial decisions, and enforcement strategies available to citizens.
- Legal Classification of Touting, Threats, and Unlawful Demands
- In Southern States – Criminal Code Framework
Under the Criminal Code Act, several provisions criminalize acts commonly committed by touts and area boys:
- Demanding with Menaces (Extortion) – Sections 406, 407, and 408:
Section 406 penalizes demands for property made with threats or menaces.
Section 407 addresses written threats.
Section 408 deals with attempted extortion.
Notably, violence is not required—the threat alone suffices to establish liability.
- Robbery – Section 402:
Robbery involves theft with the use or threat of violence.
Where an area boy uses force or issues violent threats to coerce payment, the offence may escalate from extortion to armed or aggravated robbery, attracting more severe penalties.
- Assault and Threats – Sections 252 and 351:
Unlawful physical contact or threats of violence attract criminal liability for assault.
- Breach of the Peace / Disorderly Conduct – Section 249:
Frequently invoked when touts harass or intimidate the public, especially in markets, parks, or roads.
- In Northern States – Penal Code Provisions
- Extortion – Sections 291–292:
These provisions criminalize any act intended to induce someone, through fear of injury, to surrender money or property dishonestly.
The offence mirrors the Criminal Code’s treatment of extortion and is prosecuted with equal seriousness.
The bottom line: no private individual or group has legal authority to collect fees or impose levies on public roads, in markets, or at motor parks. Such acts are not only illegal—they are criminal.
- Only the Law Can Authorize a Levy
Under Nigerian law, only levies created by statute and collected by authorized revenue officers are legal.
The Taxes and Levies (Approved List for Collection) Act (TAL) is a federal statute that clearly outlines which level of government may collect specific taxes and levies. TAL has been relied upon by Nigerian courts to invalidate unauthorized or informal collections.
Key Case Law:
Eti-Osa Local Government v. Jegede (2007) 10 NWLR (Pt.1043) 1 (CA):
where attempts to enforce levies outside legal authority were rejected.
Uyo L.G. v. Akwa Ibom State Government & Ors (2020) LPELR-49691(CA):
Parts of TAL were impugned (particularly its ouster features). But the constitutional principle remains unchanged: no taxation/levy without a valid law and proper authority, and the Tax Appeal Tribunal has also reiterated that levies must be legally backed and properly collected. Unofficial street collections still have no legal basis.
- Unions, Associations, and the Illegality of Compulsory “Tickets”
The Courts and statutes have repeatedly treated motor-park “ticketing” and street-corner demands by private persons as unlawful absent clear legal authority.
A common variation of this issue occurs when transport unions or associations attempt to force non-members to buy daily “tickets” or pay levies at bus stops, motor parks, or loading bays.
The National Industrial Court of Nigeria (NICN) has consistently ruled that:
Private associations or unions cannot compel non-members to pay levies, and
Any such attempt violates Section 40 of the 1999 Constitution, which guarantees freedom of association, including the right not to associate.
Recent Enforcement Example:
In a case involving the Edo Tipper Drivers Association, the NICN restrained the association from interfering with drivers who were not their members and from collecting dues from them. The Court held that no union may interfere with the lawful trade of non-members or enforce dues against them.
Additionally, state criminal laws (e.g., Lagos State’s Criminal Law) criminalize touting, breach of public peace, and assault—commonly deployed in prosecutions of such unlawful activities.
- Is It Illegal to Refuse to Pay?
Absolutely not.
The law is clear: refusing to pay an unofficial levy is not only legal—it is your right.
Where a private individual with no statutory authority demands money in a public place, especially with threats, that demand is a criminal offence, and may fall under:
Criminal Code Sections 406–408** – Extortion,
Criminal Code Section 402** – Robbery (if violence is used or threatened),
Penal Code Sections 291–292** – Criminal intimidation/extortion.
Courts have repeatedly voided such exactions and restrained private associations from levying the public without clear legal authority.
- Practical Legal Remedies and Enforcement Strategy
- Framing a Criminal Complaint
Legal practitioners may assist affected persons by filing complaints citing:
Demanding property with menaces– Section 406, Criminal Code;
Assault or threat – Sections 252, 351;
Breach of peace – Section 249;
Robbery – Section 402 (where applicable).
Evidence: Where available, attach witness statements, video recordings (e.g., phone footage), or photographs to strengthen the case.
- Challenging Purported “Levy Notices”
Where an individual is served with a notice or ticket:
- Demand strict proof of:
a)The enabling statute,
- b) The delegation instrument (if an agent is involved),
c)The official identity of the collector.
- Cite **Eti-Osa v. Jegede and the TAL regime.
- Acknowledge the caution in Uyo L.G., but emphasize the constitutional prohibition on unauthorized levies.
- Union or Association Harassment
Rely on Section 40 of the Constitution,
Cite NICN jurisprudence confirming that no association may compel non-members to pay levies,
Seek injunctions and damages for interference with trade or unlawful intimidation.
- Civil Recovery of Money Paid Under Duress
If payment has already been made to avert harm:
Plead duress, intimidation, and unjust enrichment,
Seek restitution, pairing the civil claim with criminal complaints where appropriate.
Courts in Nigeria recognize duress as a vitiating element in contract and transactional law, especially in contexts where the payer lacked true consent.
Conclusion
The daily harassment of Nigerians by area boys, touts, and unauthorized collectors is not a “nuisance” to be tolerated—it is a crime. Under Nigerian law, no person or entity has the right to demand payment unless authorized by valid legislation and acting under proper authority.
Citizens have a legal right to refuse such payments.
Public awareness, robust enforcement, and constitutional advocacy remain essential tools in reclaiming Nigeria’s public spaces from unlawful control and ensuring the rule of law prevails.
Key Legal Authorities
- Criminal Code Act, ss. 249, 252, 351, 402, 406–408
- Penal Code (various state versions), ss. 291–292
- Jacob Omotosho v. COP (1961) 1 All NLR 262 (SC)
- Eti-Osa L.G. v. Jegede (2007. 10 NWLR (Pt.1043) 1 (CA)
- Uyo L.G. v. Akwa Ibom State Govt & Ors (2020) LPELR-49691(CA)
- National Industrial Court decisions re: union dues and freedom of association
- 1999 Constitution of Nigeria, Section 40
Author:
Emmanuel Obinna Uwazie
Head of Litigation
Pillar-Rest Attorneys
©Pillar-Rest Attorneys
