x

VAT: Rivers State Govt Files Appeal At Supreme Court

The Rivers State government has approached the Supreme Court to challenge the ruling of the Court of Appeal in the Value Added Tax (VAT) dispute between the state and the Federal Inland Revenue Service (FIRS).

A Senior Advocate of Nigeria (SAN), Emmanuel Ukala, alongside three other senior lawyers filed a notice of appeal at the apex court, documents obtained on Tuesday revealed.

The Attorney-General of Rivers State is the appellant while the FIRS and Attorney-General of the Federation (AGF) are joined as respondents.

The state government, in the 10 grounds of appeal dated September 13, informed the Supreme Court that it was dissatisfied with the decision of the appellate court delivered on Friday last week in which all parties were directed to maintain status quo.

It explained that the implication of the ruling of the appellate court was that parties were restored to their positions before a Federal High Court in Port Harcourt granted the Rivers State government the right to collect VAT, instead of the FIRS on August 9.

In one of the grounds of appeal, Rivers State alleged that the appeal court erred in law when it relied on the provisions of Section 6(6) of the Constitution and its inherent jurisdiction to found its decision to make an order to maintain status quo in the matter, pending the determination of an appeal filed by FIRS.

According to it, the appellate court in relying on its inherent jurisdiction to make the order failed to appreciate that its inherent jurisdiction cannot be applied in contravention of statutory provisions.

The state government, therefore, sought relief of the Supreme Court to allow the appeal, set aside the decision of the appeal court which they complained about, and dismiss the oral application for interim injection made by the FIRS.

It also asked the apex court to order that the substantive appeal by the FIRS and all other processes, be heard and determined by a new panel of the Court of Appeal.

Following the judgement delivered by Justice Stephen Pam of the Federal High Court, Rivers State Governor, Nyesom Wike, assented to the Valued Added Tax Law, 2021.

The bill had been passed by lawmakers in the Rivers State House of Assembly, along with four others that were also assented to by the governor.

But the FIRS, which was apparently displeased with the development, filed a motion on notice to apply for a stay of execution on the earlier judgement delivered by Justice Pam.

The court, in its ruling, refused the application, saying the federal agency failed to file an application to set aside the tax law recently enacted by the Rivers State House of Assembly.

Justice Pam, therefore, stated that the state law on VAT was valid and subsisting, paving the way for Governor Wike to direct the state’s revenue agency to fully implement the VAT law.

The FIRS later approached the Court of Appeal in Abuja with a civil motion seeking a stay of the execution of the judgement earlier granted by the court in Rivers pending the determination of the case.

A three-man panel of the appellate court led by Justice Haruna Tsammani then directed all parties to maintain the status quo and refrain from taking action that would give effect to the judgement delivered by Justice Pam, pending the hearing and determination of the instant suit.

Hot this week

Tribune Abuja Bureau Chief, Dr. Leon Usigbe, Laid to Rest Amid Cries, Tributes

By Joyce Remi-Babayeju The late Tribune Abuja Bureau Chief, Chief...

FG Goes Digital To Ensure Drug Availability In Hospitals

By Joyce Remi-Babayeju The federal government has gone digital to...

Tinubu Flags Off Construction of Benue’s First Flyover

By Isaac Kertyo, Makurdi President Bola Ahmed Tinubu has flagged...

Kaduna ADC Stakeholders Petition Police Commission, Demand Probe of El-Rufai

By Achadu Gabriel, Kaduna Stakeholders of the African Democratic Congress...

A’ibom moves to end epileptic electricity at Summit

By Ogenyi Ogenyi,,Uyo In a renewed move to end electricity...

WIELD-I to Protest Against NAFDAC Over Toxic Chemicals, Fake Drugs

…Calls for Removal of Prof. Mojisola Christianah Adeyeye The Women’s...

Calls for Reform Dominate Global Governance Initiative Seminar in Abuja

Nigerian and Chinese officials, scholars, and policymakers have called...

Senator Lalong Congratulates Plateau APC Woman Leader Alice Dimlong at 50

Senator Simon Bako Lalong, representing Plateau South Senatorial District...

Sokoto Govt Flags Off Food Distribution for Vulnerable Groups

By Muhammad Ibrahim, Sokoto The Sokoto State Government says it...

AIG Adenola Calls for Strong Police-Media Partnership in Bayelsa

The Assistant Inspector General of Police in charge of...

NAPS Backs Kogi Poly on Fees Increment, Shelves Protest

By Noah Ocheni, Lokoja The National Association of Polytechnic Students...

Only Traitors Wish For Nepal-Style Protest In Lagos, Says Group

The Defend Nigeria Movement (DNM) has joined in warning...

Related Articles

Popular Categories

spot_imgspot_img