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JUDICIARY

VAT Controversy: Court of Appeal Reserves Ruling in Lagos Application to Join Suit

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The Abuja Division of the Court of Appeal has reserved ruling on the application filed by Lagos State Government seeking to join an appeal by the Federal Inland Revenue Service, (FIRS) challenging the judgement of a Port Harcourt Federal High Court. The Federal High Court had on Aug.

9, declared that it was  Rivers government and not the FIRS that should collect Value Added Tax, (VAT) and Personal Income Tax in Rivers.
At the resumed hearing of the matter on Thursday, Justice Haruna Tsammani, presiding over a three-man panel of the appellate court, reserved ruling after parties had argued the application for joinder filed by the Attorney- General of Lagos State, M.
J. Onibanjo, SAN. Onibanjo told the court that the application was essentially seeking leave for Lagos State Attorney-General to be joined as a respondent in the appeal. After adopting  all his processes he prayed  the court to allow the applicant to be joined as a party in the suit. The Lagos Attorney-General argued  that  the principle of a joinder application was that the party seeking to be joined was a necessary party. He further posited that a party seeking to join must show that the party’s interest would be legally or financially affected by the outcome of the legal action. Thirdly, the senior lawyer submitted that the party seeking to be joined would be bound by the decision arising from the action. He maintained that the 1999 Constitution empowered states as federating units to collect taxes, insisting that the FIRS  in its counter affidavit, recognised that Lagos state was an interested party. According to him, the FIRS has made allegations against Lagos state government, and therefore it is not out of place for the applicant to be joined so as to defend the allegations in the spirit of fair hearing. “You cannot shave a man’s head behind his back so it is in the spirit of fair hearing that the applicant makes this application.” He added that the application for joinder if granted, would avoid a multiplicity of suits, since Lagos state already had a law empowering it to collect VAT. He prayed the court to grant the application for joinder in view of the inconsistencies contained in the counter affidavit of the FIRS. Counsel to the first respondent, (Rivers) Mr Ifedayo Adedipe, SAN, aligned himself with the submission of the Lagos Attorney-General. For his part, counsel to FIRS, Mr Mahmud Magaji, SAN, prayed the court not to join Lagos State government in the appeal. Magaji argued that the application filed by Lagos State was faulty in that it relied on Section 243 (1) (a) (b) and Section 6 (6) of the 1999 Constitution. According to Magaji, in the entire 19 -paragraph affidavit, the applicant has not stated how aggrieved he is with the judgment of the Federal High Court .He urged the appellate court to note that even after the ruling that all parties should maintain status quo, Lagos State Government went ahead to sign its VAT law. He added that where the court was minded to add Lagos State, it should also add the remaining 34 states of the federation. The appellate court reserved ruling to a date to be communicated to all parties..

Reports said that on Sept. 6, a Federal High Court in Port Harcourt, in a judgement declared that the Federal Inland Revenue Service (FIRS) had no constitutional backing to collect VAT in the state, thereby clothing the Rivers government with the power to do so.

However, the federal revenue agency was dissatisfied with the trial court’s verdict, and subsequently approached the Court of Appeal to stay execution of the decision.

A three-member panel of the appellate court, ruling on the application, ordered the parties to “maintain status quo ante bellum.”

Haruna Tsanami, the judge who delivered the lead ruling of the panel, held that since parties had submitted themselves to the jurisdiction of the court for adjudication on the issue, they must not do anything that will destroy the subject matter of the appeal.

NAN reports that FIRS in its appeal marked CA/PH/282/202 is praying the court to set aside the judgment of the Federal High Court, in Port Harcourt, which granted power to the state government to collect VAT. (NAN)

JUDICIARY

Absence of AGF Stalls Arraignment of Alleged killers of Imo Traditional Ruler

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The absence of the Attorney-General of the Federation, (AGF) in court on Monday, stalled the arraignment of four suspects alleged to have kidnapped and killed the traditional ruler of Amanze-Obowo autonomous community in Imo, Mr Basil Njoku.

When the matter was called, the  four suspects and their counsel were present in court but there was no representation from the office of the AGF who had on the last adjourned date, announced that he was taking over prosecution of the case.

The trial judge, Justice Binta Nyako then shifted hearing in the matter until noon but there was still no representation by the AGF or his representative.

The situation prompted the judge to invite the lawyers of the defendants into her chambers.

She then adjourned the matter until April 30 and ordered that fresh hearing notice be served on the AGF.

The lead counsel to the suspects, Mr Solomon Akuma, SAN had applied that the case be dismissed, but the judge opted to give the AGF another chance to lead a diligent prosecution.

The four suspects are Jude Iheme, Chika Madukwe, Nwokorie  Ejike and Victor Obumneke.

The three counts earlier slammed against them had been increased to five in an amended charge.

On the last adjourned date, the AGF represented by Mr David Kaswe had taken over prosecution of the case from the Inspector- General of Police who initially filed the charge.

Kaswe told the judge that the AGF invoked Section 174 of the 1999 Constitution and Section 105 of the Administration of Criminal Justice Act (ACJA)  to take over trial of the case.

Reports says that Iheme, 52 years old of Amagwu Amanze Obowo Local Government Area of Imo and Madukwe, 42 years old of Ndi-Uche Etiti Omuimo Local government Area also of Imo, were said to have killed the traditional ruler on Dec.17, 2022.

The suspects were accused of killing the monarch while he was coming from the Federal Medical Center, Umuahia, after kidnapping and collecting a ransom of N4 million from his family.

In the charge marked FHC/ABJ/CR/575/2024, Iheme and Madukwe alongside others said to be at large were said to have conspired to commit felony to wit, acts of terrorism contrary to Section 26 of the Terrorism Prevention and Prohibition Act 2022.

The other suspects were  accused  of failing to volunteer information at their disposal to security agencies which could have led to the apprehension of other kidnappers contrary to Section 16 of the same Terrorism Act.

The charge read in part;  “That you Nwokorie  Ejike, 45 years ago and Victor Obumneke, 39 years all of Ehume in Obowo LGA of Imo  between June to August 2023 at Zone 9 Police Headquarters at Umuahia and Special Tactical  Squad, Abuja during the police investigation of the offence of kidnapping and terrorism of  Eze, Basil Njoku conspired and brought false accusations with intent to cause Nwigwe Williams to be charged with kidnapping and terrorism of Eze Basil Njoku.

“You thereby committed an offence contrary to Section 125 of the Criminal Code Act.

“That you Nwokorie  Ejike, 45 years  and Victor  Obumneke, 39 years all of Ehume in Obowo LGA of Imo  between June to August 2023 at Zone 9 Police Headquarters at Umuahia and Special Tactical  Squad, Abuja with intent to mislead the police investigators in the case of kidnap and terrorism of Eze Basil Njoku, you gave false information to the investigators that a drunk man informed you that Nwigwe  Williams is responsible for the kidnap and terrorism of Eze Basil Njoku knowing or having reason to know that information you gave to police investigators is false and you thereby committed an offence contrary to section 125 of the Criminal Code Act 2004.

“That you Nwokorie  Ejike, 45 years ago and Victor Obumneke, 39 years all of Ehume in Obowo LGA of Imo  between June to August 2023 at Zone 9 Police Headquarters at Umuahia and Special Tactical  Squad, Abuja during the police investigation of offence of kidnapping and terrorism of Eze, Basil Njoku conspired and brought false accusations with internt to cause Nwigwe Emeka Williams to be charged with kidnapping and terrorism of Eze Basil Njoku, you thereby committed an offence contrary to section 125 of the Criminal Code Act.” (NAN)

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JUDICIARY

Court Adjourns Business Mogul, Ibeto’s Trial Until May 27

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An Ikeja High Court has adjourned the trial of Chairman of Ibeto Energy Development Company, Chief Cletus Ibeto who was charged by the Economic and Financial Crimes Commission (EFCC) over alleged N4.8 billion fraud, until May 27.

Reports says that Justice Oyindamola Ogala adjourned further hearing in the suit pending the Court of Appeal judgment in an appeal filed by Ibeto on the ruling of by Justice Ismail Ijelu of Ikeja High Court.

The judge had issued bench warrant against the businessman pending arraignment.

Dissatisfied with the ruling, Ibeto filed an appeal through Chief Wole Olanipekun (SAN), challenging the jurisdiction of the high court to hear the matter.

When the case was called on Monday, the Defence Counsel, Mr Adebayo Oshodi prayed the court to withdraw the application for stayed of proceeding pending appeal and the one challenging court jurisdiction which was earlier filed by Mr Onyechi Ikpeazu (SAN).

Oshodi also told court that he had filed notice of preliminary objection dated January 26, challenging the jurisdiction and prayed the court to allow him move the application.

However, the prosecution counsel, Mr Rotimi Jacobs , SAN, opposed the application on the grounds that Ibeto had filed an appeal on same issue before the Lagos Division of Court of Appeal, adding that the appellate was yet to decide on it.

Jacobs cited the provision of section 274 of Administration of Criminal Justice Law (ACJL) 2021 and argued that the court could not entertain the application because the defendant had not submitted himself for trial.

The prosecutor also informed the court that the defendant in his move for out of court settlement, had repaid the commission a total sum of N2 billion in installments.

After listening to the both parties, Ogala ruled that hearing the defendant’s application would amount to nothing because the same issue was currently pending before the appellate court.

She said that it would be to better for the court to await Court of Appeal’s verdict on the matter before taking any further step on on the trial.

“There is nothing stopping me to hear it in a hurry but the defendant is not here.

“The court of appeal will sit on it.

“I will not waste time writing ruling while the case is still pending in Appeal Court and if there is nothing in court of appeal, I would have hear the application,” the judge said.

Reports says that EFCC had filed a 10-count charge of conspiracy, fraud, forgery and fraudulent use of documents against the defendant and he has not appear before the court to take his plea.

Meanwhile, the Court of Appeal has fixed May 7 for hearing of the appeal.

Ogala thereafter adjourned to May 27 and directed that the parties to notify the court on the outcome of appeal court. (NAN)

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JUDICIARY

Court Gives DSS go-ahead to Detain Nigerian Link to ISIS for 60 Days

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A Federal High Court, Abuja, on Wednesday, granted an interim order sought by the Department of State Service (DSS) to detain Emmanuel Osase, a Nigerian suspected to be a member of the Islamic State in Iraq and Syria (ISIS) for 60 days.

Justice Inyang Ekwo gave the order after counsel for the DSS, A.

A. Ugee, moved the ex-parte motion to the effect.

When the matter was called, Ugee informed the court of the application.

He said the motion ex-parte marked: FHC/ABJ/CS/409/2024 was brought pursuant to Section 66(1) of the Terrorism (Prevention and Prohibition) Act, 2022.

He prayed the court for an order enabling the security outfit to detain Osase for 60 days pending the conclusion of the investigation.

Justice Ekwo, who granted the application, adjourned until June 3 for report

Reports says that Osase, who was arrested on March 11, was accused of propagating the messages of the terrorist group, opposing democratic system of government in Nigeria and calling for terrorists attacks on Nigeria and it symbols of sovereignty.

In affidavit dated March 27 and deposed to by Ahmad Abubakar, a DSS operative, attached to the Legal Service Department, National Headquarters, Abuja, he averred that the release of the suspect could jeopardise investigation.

He said that Osase was arrested by a team of DSS “for alleged membership and propagation of Islamic State in Iraq and Syria (ISIS) terrorist messages, including opposition to Democratic System of Government and the call for staging terrorists attacks against Nigeria State and its symbols of sovereignty;”

Abubakar stated that Osase was jailed five years for terrorism-related offences in France and was deported after the completion of his sentence.

He said that from the service’s preliminary investigation, Osase, who is an ex-convict, still engaged in terrorist activities which previously led to his conviction in France.

He said Osase appeared not to have renounced his terrorist ideologies, “as he continues to engage with the proscribed pro-ISIS online media group known as al-Alawn Media Foundation, whose main objectives is the creation and dissemination of terrorist content and the promotion of terrorist attacks against democratic systems of government such as Nigeria and the western governments, including their interests across the globe.”

He said the suspect, who was born in the Federal Capital Territory, “left Nigeria for France and never returned to Nigeria until his deportation after completion of five years jail term for acts of terrorism and attempt to join the Islamic State (IS) linked terrorist group, Friqat Al-Ghuraba (Group of Foreigners) in Syria.”

Abubakar said his activities constituted a potent threat to national security and corporate existence of Nigeria.

He said there was need for a thorough investigation of the suspect to ensure that he did not pose any security threat to Nigeria or the world at large.

According to him, the respondent is helping with vital Information that will lead to the arrest of other members who are still at large.

He said it would be in the interest of justice and national security to grant the application.(NAN)

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