TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Court stops FG from collecting VAT, income taxes, others in Rivers State

The Citizen by The Citizen
August 10 2021
in Headlines, Latest News
A A
0
Court declines to unfreeze Shell bank accounts

The Federal High Court sitting in Port Harcourt has declared that it is the Rivers State Government and not the Federal Inland Revenue Services(FIRS), that should collect Valued Added Tax (VAT) and Personal Income Tax (PIT) in the State.

The court, presided over by Justice Stephen Dalyop Pam, has also issued an order of perpetual injunction restraining the FIRS and the Attorney General of the Federation, both first and second defendants in the suit, from collecting, demanding, threatening and intimidating residents of Rivers State to pay to FIRS personnel income tax and Value Added Tax.

Justice Pam made the assertion while delivering judgement in Suit No. FHC/PH/CS/149/2020, filed by the Attorney General for Rivers State (plaintiff), against the Federal Inland Revenue Service (first defendant) and the Attorney General of the Federation (second defendant).

The Court, which granted all the 11 reliefs sought by the Rivers State Government, stated that there is no constitutional basis for the FIRS to demand for and collect VAT, Withholding Tax, Education Tax and Technology levy in Rivers State or any other State of the Federation.

The court stated further that the constitutional powers and competence of the Federal Government is limited to taxation of incomes, profits and capital gains which do not include VAT or any other species of sales, or levy other than those specifically mentioned in items 58 and 59 of the Exclusive Legislative List of the Constitution.

The judge dismissed the preliminary objections filed by the defendants that the Court lacks jurisdiction to hear the suit and that the case should be transferred to Court of Appeal for interpretation.

Justice Pam, who also dismissed objection raised by the defendants that the National Assembly ought to have been made a party in the suit, declared that the issues of taxes raised by the State government are issues of law that the court is constitutionally empowered to entertain.

He declared that after a diligent review of the issues raised by both the plaintiff and the defendants, the plaintiff has proven beyond doubt that it was entitled to all the 11 reliefs it sought in the suit.

The court agreed with the Rivers State Government that is, the State, and not FIRS that is constitutionally entitled to impose taxes enforceable or collectable in its territory of the nature of consumption or sales tax, VAT, education and other taxes or levies, other than the taxes and duties specifically reserved for the Federal Government by items 58 and 59 of Part 1 of the Second Schedule of the 1999 constitution as amended.

Also, the court declared that the defendants are not constitutionally entitled to charge or impose levies, charges or rates (under any guise or by whatever name called ) on the residents of Rivers State and, indeed, any state of the federation.

Among the reliefs sought by the Rivers State Government, was a declaration that the constitutional power of the Federal Government to impose taxes and duties is only limited to the items listed in items 58 and 59 of Part 1 of the second schedule of the 1999 constitution as amended.

The Rivers State Government had also urged the court to declare that, by virtue of the provisions of items seven and eight of the Part II (Concurrent Legislative List) of the Second Schedule of the constitution, the power of the Federal Government to delegate the collection of taxes can only be exercised by the State government or other authority of the State and no other person.

The State government had further asked the court to declare that all statutory provisions made or purportedly made in the exercise of the legislative powers of the Federal Government, which contain provisions which are inconsistent with or in excess of the powers to impose tax and duties, as prescribed by items 58 and 59 of the Part I of the Second Schedule of the 1999 constitution, or inconsistent of the power to delegate the duty of collection of taxes, as contained in items 7 and 8 of Part II of the Second Schedule of the Constitution, are unconstitutional, null and void.

Lead counsel for the Rivers State Government, Donald Chika Denwigwe, a Senior Advocate of Nigeria (SAN), who spoke to journalists after the court session, explained that the case is all about the interpretation of the constitution as regards the authority of the government at the State and Federal levels to collect certain revenue particularly, VAT.

He said: “So, during the determination of the matter, some issues of law were thrown up like, whether or not the case should be referred to the Court of Appeal for the determination of some issues.

“The court noted that the application is like asking the Federal High Court to transfer the entire case to the Court of Appeal. In which case, if the court so decides, there will be nothing left to refer back to the Federal High Court as required by the constitution.”

According to council Denwigwe, the court refused that prayer and decided that the case was in its proper place before the Federal High Court and to determine it.

Speaking on the implication of the judgement, Denwigwe said it is now, unlawful for such taxes as VAT in Rivers State to be collected by any agency of the Federal Government.

“In a summary, it is a determination that it is wrong for the Federal government to be collecting taxes which are constitutionally reserved for the State governments to collect. The implication of the judgement is that the government (Federal and State) as an authority under the constitution, should be advised by the judgement that it is the duty of all government authorities to comply with and obey the law so long as the court has interpreted it and said what that law is.

“So, in other words, the issue of Value Added Tax (VAT) in the territory of Rivers State and Personal Income Tax should be reserved for the government of Rivers State.”

Counsel for FIRS, O.C. Eyibo said he would study the judgement and advise his client.

Previous Post

Kidnappers demand N500m for release of Niger State commissioner

Next Post

Keystone Bank empowers over 100 female entrepreneurs across Nigeria

Related Posts

Shari’ah court judge escapes through window as bandits hit courtroom
Latest News

Shari’ah court judge escapes through window as bandits hit courtroom

July 31 2026
Killings: Army orders GOC to relocate to Kwara
Headlines

Army probes leaked DSS memo warning of Adamawa, Borno attacks

July 31 2026
Russia warns against nuclear rhetoric amid Trump row
Headlines

Resident doctors threaten indefinite strike

July 31 2026
Gunmen storm burial event, abduct one in Anambra
Headlines

Gunmen abduct five Ogun State poly students

July 31 2026
Of bandits and their informants/sponsors
Latest News

Kebbi bandit attack leaves four dead, soldier missing

July 31 2026
APM asks FG to account for proceeds of subsidy removal
Headlines

Oyo abduction: Why we tracked, arrested kidnappers’ families –Tinubu

July 31 2026
Next Post
Keystone Bank educates MSMEs on opportunities in AfCFTA window

Keystone Bank empowers over 100 female entrepreneurs across Nigeria

Flood alert – The Nation

Flood alert – The Nation

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

NDDC trains traditional birth attendants to reduce maternal, newborn deaths

NDDC trains traditional birth attendants to reduce maternal, newborn deaths

by The Editor
July 29 2026
0

...

Cross River Igbo community alleges illegal taxation, seeks government intervention

Cross River Igbo community alleges illegal taxation, seeks government intervention

by The Editor
July 27 2026
0

...

Sokoto LG chairman quits APC, resigns from office

Sokoto LG chairman quits APC, resigns from office

by The Editor
July 8 2026
0

...

Bauchi Electoral Commission fixes August 17 for LG election

Bauchi Electoral Commission fixes August 17 for LG election

by The Editor
June 19 2026
0

...

APPOINTMENTS

Rivers State not for political war, says Fubara

Gov. Fubara swears in 12 perm secs, urges commitment

by The Editor
July 31 2026
0

...

Tinubu appoints new special adviser on House of Reps matters

Tinubu appoints new special adviser on House of Reps matters

by The Editor
July 27 2026
0

...

Tinubu appoints Fayose REA chairman, names 25 others

Tinubu appoints Fayose REA chairman, names 25 others

by The Editor
July 20 2026
0

...

Tony Elumelu to step down as UBA chair, bank names successor

Tony Elumelu to step down as UBA chair, bank names successor

by The Editor
July 6 2026
0

...

ODDITIES

Nigerian woman in Canada demands husband swear oath against cheating before visa sponsorship

Nigerian woman in Canada demands husband swear oath against cheating before visa sponsorship

by The Editor
July 23 2026
0

75-year-old man bags 10 years jail for defiling minor

75-year-old man bags 10 years jail for defiling minor

by The Editor
July 16 2026
0

Court remands blogger over defamation of Soludo, son

Court remands blogger over defamation of Soludo, son

by The Editor
July 13 2026
0

GLOBAL NEWS

Ceuta calls for emergency as thousands of migrants cross into Spanish territory

Ceuta calls for emergency as thousands of migrants cross into Spanish territory

by The Editor
July 31 2026
0

...

Ghana bans use of honorary doctorate, professorship titles in public

Ghana govt backs proposal to extend presidential term from 4 to 5 years

by The Editor
July 31 2026
0

...

Nigerian visa applicants must provide five-year social media history, says US embassy

US to discontinue visa services in Abuja, 24 other African cities

by The Editor
July 29 2026
0

...

US orders embassy staff to leave Nigeria over insecurity

US warns Nigerians with dual citizenship against travelling on foreign passport

by The Editor
July 26 2026
0

...

Chinese envoy advocates Mandarin language teaching in Nigerian schools

Chinese envoy advocates Mandarin language teaching in Nigerian schools

by The Editor
July 25 2026
0

...

State of the States

Enugu launches ETTW TV to showcase transformation, investment opportunities

Enugu launches ETTW TV to showcase transformation, investment opportunities

by The Editor
July 31 2026
0

...

Lagos to introduce special vehicle number plates for PWDs

Lagos to introduce special vehicle number plates for PWDs

by The Editor
July 29 2026
0

...

Enugu governor approves recruitment of 6,580 teachers, school staff

Enugu governor approves recruitment of 6,580 teachers, school staff

by The Editor
July 29 2026
0

...

Anambra sanctions seven schools over graduation parties

Anambra sanctions seven schools over graduation parties

by The Editor
July 27 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Commonwealth Games: Amusan suffers shock defeat, settles for bronze

Commonwealth Games: Amusan suffers shock defeat, settles for bronze

July 31 2026
Commonwealth Games: Nigeria’s Enekwechi wins gold in shot put

Commonwealth Games: Nigeria’s Enekwechi wins gold in shot put

July 31 2026
Governance: Stop building unnecessary flyovers – Tinubu tells state governors

Governance: Stop building unnecessary flyovers – Tinubu tells state governors

July 31 2026
UEFA to boycott FIFA tournaments over Infantino plans for World Cup sell off stake

UEFA to boycott FIFA tournaments over Infantino plans for World Cup sell off stake

July 31 2026

EDITORIAL REVIEW

State airports: White elephant epidemic – Punch

Probe Habila’s death – Punch

by The Editor
July 31 2026
0

Nigeria’s inflation rate hits 26.72% in Sept

There’s no escaping inflation, yet – Punch

by The Editor
July 29 2026
0

Nigeria’s inflation rate rises to 21.09%

Africa’s hunger burden – Punch

by The Editor
July 27 2026
0

Apapa gridlock must be resolved permanently – Punch

Apapa gridlock must be resolved permanently – Punch

by The Editor
July 23 2026
0

Duty waivers must not become a fiscal hole – Punch

Duty waivers must not become a fiscal hole – Punch

by The Editor
July 20 2026
0

Opinion

Tinubu swears in four Permanent Secretaries, INEC commissioner

Tinubu: The Audacity to Hope – Three years after

by The Editor
July 31 2026
0

...

Remi Tinubu under fire over akara, roasted corn remarks

Beyond ‘akara’ leadership

by The Editor
July 6 2026
0

...

Trump’s U-turn on Iran war ends Israel’s Middle East dream

Trump’s U-turn on Iran war ends Israel’s Middle East dream

by The Editor
June 17 2026
0

...

Terrorists kidnap Army Major General, wife in Katsina

Slain General: When the protectors need protection

by The Editor
June 17 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.