JUDICIARY
RMAFC Drags Fin Minister, AGF, FIRS to Court over Finance Act
By Joseph Amah, Abuja
The Revenue Mobilisation Allocation and Fiscal Commission (RMAFC), which has the constitutional mandate to monitor revenue accrual into the Federation Account and disbursement from the Federation Account to the three tiers of government, has gone to the Federal High Court to seek interpretation of the Finance Act, 2021 which was passed on December 31, 2021.
According to the commission, the Finance Act does not have the powers to stop its operations or monitoring activities as enshrined in the constitution.The case, which was scheduled for hearing on February 1, 2022, was adjourned to March 10, 2022.The commission in the suit filed against the Attorney General of the Federation; Minister of Finance, Budget and National Planning and the Federal Inland Revenue Service (FIRS) as defendants, is seeking the interpretation of Section 68 of the Federal Inland Revenue Service (Establishment) Act 2007 as amended by the Finance Act (2021, Section 89 of the Stamp Duties Act as amended by the Finance Act (2021) and Section 4 of the Finance (Control and Management) Act as amended by the Finance Act (2021) respectively.
Specifically, the commission questioned whether the provisions of the amendments to Section 68(1) of the Federal Inland Revenue Service (Establishment) Act 2007 as contained in the Finance Act 2021 is valid, in the light of the combined effects of the provisions of Section 153, 160, 162 and Paragraph 32 of Part 1 of the 3rd Schedule of the 1999 Constitution, in so far as it purports to subject the RMAFC to the FIRS?
The commission is also seeking to determine whether the provisions of the amendments to Section 68(2) of the FIRS (Establishment) Act 2007 as contained in the Finance Act 2021 is valid, in the light of the combined effect of the provisions of Section 153, 160, 162 and Paragraph 32 of Part 1 of the 3rd Schedule of the 1999 Constitution, in so far as it purports to subject the RMAFC to the FIRS?
Further reliefs sought by the commission is the declaration by the court that the provisions of the amendments to Section 68(1) of the FIRS (Establishment) Act 2007 as contained in the Finance Act 2021 is invalid, unconstitutional, null and void, in so far as it seeks to render all laws including the combined provisions of Section 153, 160, 162 and Paragraph 32 of Part 1 of the 3rd Schedule of the 1999 Constitution, subservient to it by providing that the provisions of the Finance Act prevail over any other law and the provisions of that other law shall, to the extent of the inconsistency, be void.
Besides, the commission seeks to know the interpretation of the court with regards the provisions of Section 89(3) of the Stamp Duties Act as contained by the Finance Act 2021 which makes it invalid, unconstitutional, null and void, in so far as it is inconsistent with the combined effect of the provisions of Section 153 160, 162 and Paragraph 32 of the 3rd Schedule of the 1999 Constitution as it relates to the powers and functions of the RMAFC in so far as it purports to enable the minister in charge of finance to make regulations in respect of allocation and distribution of the areas of the relevant Stamp Duties and Electronic Money Transfer Levies collected between 2015 and 2019 fiscal years.”
The Finance Bill 2021 was presented to the National Assembly as an Executive Bill to be enacted as part of the legal instrument for the successful implementation of the 2022 budget. Being a bill regulating the Fiscal Policy of the federal government on the implementation of the 2022 budget, the plaintiff reviewed the same and made presentations to the Joint Committee on Finance; Customs, Excise & Tariff; and Trade & Investment Committee of the National Assembly during the public hearing on the bill in December 2021.
An Ikeja High Court has ordered an online activist, Vincent Otse (alias Very Dark Man) to remove defamatory posts against a Senior Advocate of Nigeria, Femi Falana and his son, Folarin, also called Falz.Justice Matthias Dawodu also ordered VDM to bring down the alleged defamatory video which he made on Sept.
24 against the Falanas.The court also ordered the service of originating summons against VDM through his lawyer, Mr Deji Adeyanju within 14 day. The judge said: “the defendant, his agents and privies are hereby restrained from further releasing, publishing or circulating any defamatory videos, comments about the applicant.“He is to bring down the defamatory video about the applicant which was published on Sept. 24 on all his online social media handles pending compliance with the pre-action protocol of the court.“Leave is hereby granted to the applicant to serve the pre-action bundles, originating processes and all other court processes between parties herein on the defendant by substituted means through his lawyer, Deji Adeyanju.“The applicant must file and serve the pre-action bundles, originating processes and other accompanying processes on the defendant within 14 days.”The court made the orders following an ex parte originating application made by Falana and his son against the actions of VDM where he published “unverified audio recording of a one sided narrative by cross dresser Bobrisky” alleging perversion of justice by the family.Falana had in a lawsuit numbered ID/8586GCM/2024, filed against VDM, sought the order of the court to award a sum of N500 million fine for defamation of character against him.Falana in the lawsuit, also prayed the order of the court, directing the defendant to publish an apology on all his social media handles for the defamatory words contained in the viral video. (NAN)
A Federal High Court sitting in Kano, on Monday, has sentenced 33-year-old Nasiru Isa to seven years in the correctional centre for sexually exploiting an 11-year old girl.
The Presiding Hon. Justice S .M. Shu’aibu convicted Isa, who resides in Darmanawa Bayan Gidan Kallo of Tarauni Local Government Area (LGA) of the state, on a one-count charge of sexual exploitation.
Shu’aibu summarily tried and sentenced the defendant after he pleaded guilty to the charge.
He held that the Prosecution Counsel, Abdullahi Babale, proved his case beyond reasonable doubt and consequently sentenced the defendant to seven years without an option of fine.
According to him, the convict is to pay additional N1 million fine as compensation.
Earlier, the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Kano State Command, alleged that the defendant committed the offence at Darmanawa Quarters,Tarauni LGA, Kano State on October 5.
Babale said that the defendant allegedly lured his neighbour’s 11-year-old daughter into his wife’s room and sexually exploited her.
“The defendant had sex with the survivor on three different occasions.
“Once in the defendant’s wife’s room and twice at an uncompleted building.
“The defendant gave the survivor bread, groundnut and N20 before sexually exploiting her,” Babale told the court.
The prosecution presented two exhibits, including the confessional statement of the defendant and the survivor’s testimony, to the court to prove his case.
Babale said that the offence contravened the provisions of section 16(1) of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 and punishable under Sec 26(1) of TIP ACT 2015. (NAN)
JUDICIARY
Alleged kidnap: Ebonyi Court Adjourns Ruling on Fiat Application on Ivo LGA Chairman, 8 others Trial
A High Court in Abakaliki on Thursday fixed Oct. 17 to decide on a fiat tendered by a Lawyer, Mr Emeka Uwakwe on the trial of Mr Emmanuel Ajah, former Chairman of Ivo local government area of Ebonyi over alleged armed robbery, kidnap and murder. Ajah and eight other suspects had on Jan. 17, 2017 robbed one Mrs Pauline Osita of her N2 million, phone and other valuables.
The defendants also on Jan. 18, 2017, allegedly kidnapped one Mrs Catherine Okorie and allegedly killed her on Jan. 22 on the same year.Other eight defendants include: Chibuike Okereke, Mathew Ogbudike, Ezenwa Nwafor Okoro Ugochukwu, Kelechukwu Azubike, John Nwankwor, Chigozie Okereke and Obichi Uzoigwe.Uwakwe was authorized by the Attorney General of Ebonyi state, Ben Odoh, to prosecute the defendants trial.But the move to take over the case of the prosecutor was not granted.The Defence Counsel, C.N Mgbada, C.A. Okenu, Ifeanyi Igwe and J. N Unah argued that Uwakwe would not join in the prosecution.“The reason being that he was a member of the Defence Counsels and had been in the matter from the beginning till date.“We urge the court to reject the document on Uwakwe fiat application,” the added.The Presiding Judge, Justice Elvis Ngene, after the argument adjourned the matter until oct. 17, Nov. 21 and Nov. 28 for ruling on fiat. (NAN
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