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.
Gov. Douye Diri of Bayelsa says the judiciary remains the hope of the common man in the society, charging officers in the temple of justice to always strive to be upright.Diri said this on Friday in Yenagoa at a Thanksgiving/Valedictory Court Section for the commencement of the 2025/2026 Legal Year in the state.
The governor said: “It has become an annual ritual but we all know that the bible says seek ye first the kingdom of God and all other things shall be added on to thee. “Today we are handing over this new legal year to God for His protection to the judiciary. I believe you are going to do beyond our expectations with God on your side.“In this country today without exception, I appeal to us Nigerians, Bayelsa people to allow the judiciary to be used by God, to be allowed to work to the best of their ability and conscience to deliver incorruptible and sound judgement.”Diri said that the trust of the public lies with the judiciary which demands justice for all manner of people, irrespective of the class in the society.The governor urged the judiciary especially the judges to always stand tall on what is right, as they are highly autonomous as an arm of the government.On her part, Justice Matilda Ayemieye, the Chief Judge of Bayelsa, commended the Bayelsa government for the support in various ways to ensure that the judiciary is autonomous.She said that the judiciary enjoys cordial working relationship with the Nigeria Bar Association, the Legislature and the Executive.The chief judge said that the new legal year allows them to assess the previous year, adding that it is a day of accountability towards the people they serve and to strengthen the rule of law.Ayemieye said that the Bayelsa judiciary aspires to be one of the best judiciary as they have earned respect among other judiciary in the country.Also, Mr Biriyai Dambo (SAN) the Attorney General and Commissioner for Justice, expressed happiness over the commencement of the new legal year.He said that they are committed to service delivery in Bayelsa and commended the bar and the bench for their hard work to ensure that justice is served in Bayelsa.The Commissioner said that for the past years the judicial system had changed and that the welfare of the judiciary and that of the Ministry Justice is one of the priorities of Diri’s administration which has paid in full all monies owed law officers.“This current administration has boosted the morale of law officers, as they have contributed to the justice delivery in Bayelsa state.“This current administration has equally assisted the NBA Yenagoa and Sagbama branches respectively. My office is wide open to enhance the justice system in Bayelsa state,” he said. (NAN)
The Federal High Court in Abuja has dismissed cybercrime charges filed by the Inspector-General of Police against a female medical doctor, Bolanle Aseyan. Delivering judgment on Friday, Justice Peter Lifu discharged and acquitted Aseyan, stating that the police failed to prove the essential elements of the alleged offences.
The Inspector-General had arraigned Aseyan on a four-count charge of defamation, harassment, and intimidation against another doctor, Olufunmilayo Ogunsanya. The police alleged that Aseyan used social media platforms to harm Ogunsanya’s reputation. He was said to be her former boyfriend. The charges were filed under Section 24 of the Cybercrime (Prohibition, Prevention) Act, which addresses online threats and cyber harassment. To support the case, the police presented three witnesses. Aseyan also called two witnesses to testify in her defence during the trial. Justice Lifu, while reviewing the matter, noted both doctors were once in a romantic relationship before it turned sour. He further observed that the two had sexual relations while in the United Kingdom and later made conflicting social media posts against each other. The judge held that the prosecution failed to prove its case beyond reasonable doubt and therefore could not secure a conviction. Specifically, the judge said the defendant’s alleged Twitter handle used in the cyberbullying was not tendered as evidence before the court. Justice Lifu also said there was no proof of threats or intimidation, but rather evidence of a previous affectionate relationship. Consequently, the judge dismissed all four charges, discharged and acquitted Aseyan, and declared the case closed. He ordered the police to immediately return all seized items, including her international passport, upon service of the judgment. Aseyan said she met Ogunsanya online in 2019 and travelled to the United Kingdom in 2020, where she claimed she was raped. She stated that upon arrival in Leeds on March 7, 2020, tired and disoriented, Ogunsanya offered her wine shortly after she got to his home. She alleged that after taking the drink, she passed out and later woke up to find that he had allegedly had sex with her without consent. Aseyan further claimed that Ogunsanya maltreated her before she returned to Nigeria shortly after the alleged incident. (NAN) From Abdullahi Abubakar, Ilorin.
A Kwara State High court sitting in Ilorin has sentenced Abdulrahman Bello, a self-acclaimed cleric and the killer of Hafsoh Lawal, a final year student of the Kwara State College of Education to death, by hanging. This was contained in a judgement delivered by Justice Hannah Ajayi on Thursday, in which, four other defendants were set free and cleared of any wrongdoings.
Charged with five-count, the judge started by acquitting the four out of the five defendants namely Ahmed Abdulwasiu, Jamiu Uthman, Suleiman Muyideen and Abdulrahman Jamiu of any complicity, subsequently setting them free of taking part in the death of the victim (Hafsoh Lawal).
However, Justice Ajayi, while delivering judgment on the main culprit, described Bello’s act as cruel, wicked, and an extreme display of human wickedness, saying all evidence proved that Hafsoh was killed in order to be used for money ritual and trading in human parts.
The judge further noted that Abdulrahman’s confession of love and plan to marry the victim, are all concocted lies to lure her to his residence in order to kill her. She therefore sentenced Abdulrahman Bello to death by hanging while setting free the other four suspects not guilty.
It would be recalled that the victim went missing, sometimes in February 2025, shortly after attending the naming ceremony of a family member. When she left, but didn’t return later in the day, her parents went into panic mode, and search party was raised, and a complaint was lodged at the police station.
Her phone line was tracked, and traced to the suspect’s (as it were) area. Upon invitation and interrogation, it was discovered that he is a serial killer, who had killed many victims before Hafsoh.
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