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JUDICIARY

Tax Evasion: Tribunal Orders DSTV To Pay 50% Taxes to FIRS

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By Tony Obiechina, Abuja

Tax Appeal Tribunal (TAT) sitting in Lagos ordered Multichoice Nigeria Limited, owners of popular cable television services, DSTV, to pay 50 per cent of N1.8 trillion which the Federal Inland Revenue Service (FIRS) has determined through a forensic audit to be the amount in taxes that Multichoice Nigeria Limited had failed to pay to the Government of Nigeria in past assessment years.

 
In a statement by Director of Communications and Liaison Department Dr Abdullahi Ismaila Ahmad on Wednesday, the 5-member TAT led by its Chairman, Professor A.
B. Ahmed, issued the order following an application made by the Counsel to FIRS. 
The Counsel made the application under Order XI of the TAT Procedure Rules 2010 which requires Multichoice, or any other taxpayer who disputes their tax assessments, to make the statutory deposit required under Paragraph 15(7) of the Fifth Schedule to the Federal Inland Revenue Service (Establishment) Act 2007 (FIRS Act) as a condition that must be fulfilled before the prosecution of the appeal brought before the TAT.
 
 According the statement, “in certain defined circumstances to which the Multichoice appeal fits, Paragraph 15(7) of the Fifth Schedule to the Federal Inland Revenue Service (Establishment) Act 2007 (FIRS Act) requires persons or companies seeking to contest a tax assessment to pay all or a stipulated percentage of the tax assessed before they can be allowed to argue their appeal contesting the assessment at TAT”.
 Multichoice Nigeria Limited filed the matter at the Lagos TAT following its dispute over FIRS’ issuance of Notices of Assessment and Demand Note in the sum of N1, 822, 923,909,313.94k on 7 April 2021. The amount constitutes what the FIRS calculated as due in taxation to the Federal Government of Nigeria from Multichoice after an investigation over several months to determine the extent to which Multichoice has been evading taxes in Nigeria.
 At Tuesday’s hearing of the matter in Appeal No: TAT/LZ/CIT/062/2021 19/08/2021 (Multichoice Nigeria Limited v. Federal Inland Revenue Service), Multichoice Nigeria Limited amended its Notice of Appeal and thereafter sought through its Counsel,  Bidemi Olumide of AO2 Law Firm for an adjournment of the proceedings to enable it to respond to the FIRS’ formal application for accelerated hearing of the appeal and prayer before the TAT to order Multichoice to produce DSTV’s revenue and subscriber database, among other prayers.
 In his own response, the FIRS Counsel asked TAT to issue an order requiring that Multichoice makes the statutory deposit of 50% of the disputed sum. 
After hearing arguments from both sides, TAT upheld the FIRS Act and directed Multichoice Nigeria Limited to deposit with the FIRS the amount prescribed by the law, which is an amount equal to the tax charged upon Multichoice in the preceding year of assessment or one half of the tax charged by the assessment under appeal (whichever is lesser), plus a sum equal to 10% of the said deposit as a condition precedent for further hearing of the Appeal.
The TAT then adjourned the Appeal to 23 September 2021 for the continuation of the hearing, subject to compliance with the Tribunal’s order.

CRIME

Court Remands 10 Over Alleged Armed Robbery, Murder

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An Iyaganku Magistrates’ Court, Ibadan, on Thursday, ordered the remand of 10 persons in a correctional facility over alleged armed robbery and murder.

The defendants include Sheriff Lawal, 27, Lawal Bashit, 23, Oyewale Sodiq, 30, Akeem Ogunyemi, 41, and Kazeem Afolayan, 40.

Others are Akeem Raji, 37, Olabode Hammed, 25, Yusuf Lekan, 26, Ayomide John, 23 and Samuel Okezie, 32.

They are facing a six-count charge bordering on conspiracy, armed robbery and murder.

The Magistrate, Mrs Gladys Oladele, did not take the plea of the defendants for want of jurisdiction.

She directed the police to return the case file to the Director of Public Prosecution for legal advice.

She adjourned the case until July 21 for mention.

The Prosecutor, Sgt. Samuel Owolabi, told the court that the defendants committed the offences on May 15, at about 9.30 p.m, at Oak Hotel, around Moniya, Ibadan.

Owolabi said the defendants robbed one Shuaibu Adam of the sum of N100, 000, while armed with sticks and cutlasses.

He said the defendants also unlawfully caused the death of one Abdul Isah, 23, by beating him with sticks and inflicted injury all over Adam’s body.

He said the offences contravened Sections 516 and 319 of the Criminal Laws of Oyo State, 2000. (NAN)

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CRIME

Man jailed 10 Months for Stealing Neighbor’s Refrigerator

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A Kaduna Magistrates’ Court, on Thursday sentenced a 23-year-old man, Abba Danladi, to 10 months imprisonment for stealing his neighbour’s refrigerator and television set worth N500,000.

Danladi, who resides in Kawo area of Kaduna State, was convicted of conspiracy, housebreaking, and theft.

The Magistrate, Ibrahim Emmanuel, sentenced him after he pleaded guilty to the crime and begged for forgiveness.

Emmanuel, however, gave the convict an option of a fine of N15, 000 and also ordered him to restitute the N500,000 to the complainant, Rebecca Victor.

He held that if the convict failed to restitute the N500,000, he would serve additional 11 months imprisonment.

Earlier, the prosecutor, Insp Chidi Leo, told the court that the complainant of the same address with the defendant reported the matter at the Kawo Police Station, on May 29.

Leo said at about 4.20 p.m. on May 28, the complainant returned from work and discovered that some persons had broken into her room through the window and made away with her refrigerator and television set.

He added that in the course of the investigation, the convict was arrested and when interrogated, he confessed to being one of the perpetrators of the crime.

The prosecutor said that the defendant committed the crime with two other persons, at large.

He said the offence contravened the provisions of the Penal Code of Kaduna State, 2017.(NAN)

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JUDICIARY

Ubani Harps On Urgent Regulation of POS Transactions in Nigeria

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Mr Monday Ubani (SAN), former Chairman of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), on Wednesday, called for urgent regulation of Point of Sale (POS) transactions.

Ubani made the call in a statement to newsmen, in reaction to the spate of POS operations within the country.

He urged the government to adopt measures to ensure that the financial activities of these operators were regulated.

“The POS system has, without question, revolutionised financial transactions across Nigeria, particularly in rural and underserved communities.

“However, this innovation is now being misused in ways that threaten our national security, financial system, and judicial integrity.

“Recently, I was approached by a respected Judge, who expressed grave concern about the alarming rate at which POS machines were being exploited by criminals, particularly kidnappers and fraud syndicates.

“According to his lordship, several cases involving untraceable financial transactions running into tens of millions of naira had come before his court,” he said.

Ubani noted that in most of these cases, the inability to trace the flow of funds or the identities of the operators and beneficiaries has frustrated litigants, prosecutors, and even the court itself.

“The convenience of POS transactions is now being weaponized; In one harrowing incident, the family of a kidnapped victim was forced to pay over ₦90 million in ransom via POS, yet, the criminal trail vanished into thin air,” he said.

According to him, these machines have become unregulated financial conduits, operating outside the reach of law enforcement or traceability frameworks.

“To safeguard our justice system and national financial integrity, decisive and urgent regulatory actions are needed.

Among others, Ubani harped on the need for proper regulation of POS operations.

“The Central Bank of Nigeria must urgently issue and enforce strict regulations mandating registration, licensing, and operational procedures for all POS operators.

“This should include mandatory transaction limits, geo-tagging of POS devices, real-time monitoring, and compliance checks.

“Every POS terminal and the bank accounts linked to them, must be associated with the operator’s BVN and NIN.

“This will provide a direct line of accountability and aid law enforcement in tracing suspicious activity,” he said.

Besides, he called for a critical regulatory provision to mandate any individual seeking to withdraw or transfer funds through a POS terminal, to present verifiable means of identification.(NAN)

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