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

FG v States: Who should collect VAT? – Thisday

The Citizen by The Citizen
September 14 2021
in Public Affairs
A A
0
House passes VAT increment bill for second reading

The raging controversy between Rivers State and the Federal Government/FIRS, on who is empowered to collect Value Added Tax (VAT). has not only snowballed into a burning national debate, the judgement of the Federal High Court which was in favour of Rivers State collecting its VAT, is now the subject-matter of an Appeal at the Court of Appeal. Jibrin Samuel Okutepa, SAN, Chief Dan Orbih and Sadiq Abdul zero-in on the issues in this Crossfire, as they advance their differing positions

’Only Federal Government Can Collect VAT’ – Jibrin Okutepa, SAN

Introduction

The ranging controversies as to who has the power to make laws for purposes of VAT collections, are needless political controversies which are not deep rooted in constitutional logic and construction.

In this write up, I will demonstrate that the VAT Act 2004 as amended in 2020 is a valid Act of the National Assembly, and any law made by any States which is in conflict with that Act, is void. But, before then, the VAT Act or Decree came into being in 1993. Most of the political actors steering the controversies now were either actively involved, or were privy to the making of that law. In essence, the law has been with us in our federal operations.

Then the 1999 Constitution came into being, and we have been experimenting with it since 1999. We need to appreciate that the 1999 Constitution as amended under the Exclusive Legislative List empowers the Federal Government to make law on tax. See Item 59 on the Exclusive Legislative List which provides that the National Assembly has the powers to make laws on: Taxation of incomes, profits and capital gains, except as otherwise prescribed by this Constitution.

Again, when we look at the same Constitution under the Concurrent Legislative List, we will find that there is no power in the State to make laws to collect tax. The States can only make laws for the local governments to collect tax. Again these laws, must be subject to the laws validly made by the National Assembly.

Let us look at what the Constitution says. Under Part II: Concurrent Legislative List

Extent of Federal and State Legislative powers

Part D thereof relating to Collection of Taxes, it is provided in items 7- 10 that:

  1. In the exercise of its powers to impose any tax or duty on –

(a) Capital gains, incomes or profits or persons other than companies; and

(b) Documents or transactions by way of stamp duties.

The National Assembly may, subject to such conditions as it may prescribe, provide that the collection of any such tax or duty or the administration of the law imposing it shall be carried out by the Government of a State or other authority of a State.

8.Where an Act of the National Assembly provides for the collection of tax or duty on capital gains, incomes or profit or the administration of any law by an authority of a State in accordance with paragraph 7 hereof, it shall regulate the liability of persons to such tax or duty in such manner as to ensure that such tax or duty is not levied on the same person by more than one State.

  1. A House of Assembly may, subject to such conditions as it may prescribe; make provisions for the collection of any tax, fee or rate or for the administration of the Law providing for such collection by a local government council.
  2. Where a Law of a House of Assembly provides for the collection of tax, fee or rate or for the administration of such Law by a local government council in accordance with the provisions hereof it shall regulate the liability of persons to the tax, fee or rate in such manner as to ensure that such tax, fee or rate is not levied on the same person in respect of the same liability by more than one local government council.

Clearly from item 9 hereof, the States can only make laws for local Governments to collect taxes and such law is subject to the law made by the National Assembly.

As you can see, the National Assembly had made or deemed to have made the VAT Act, 2004 as amended in 2020, which clearly provides for the administration, management and collection of VAT in Nigeria and vests the responsibility by virtue of Section 7 on the FIRS.

There is no doubt that the powers to make laws on Taxation or Taxes are vested in the National Assembly. That power was exercised, when the VAT Act was made as seen above. It is doubtful if State Governments can make laws to collect VAT, and to override the VAT Act made by or deemed to have been made by the National Assembly.

The issue that played out in the case of A.G LAGOS STATE v EKO HOTELS is germane here. In that case, what was before the court borders primarily on double taxation. The Lagos State Government had in operating the Sales Tax Law otherwise known as the consumption tax, which is a tax on goods and services, and in the same vein, the VAT being a Federal legislation also applies in Lagos. Eko Hotels was faced with demand notice from these two agencies of Government, both at the Federal and State level. If it went ahead to honour the notice by paying both VAT and consumption tax, it would amount to double taxation, thereby amounting to double jeopardy on the part of Eko Hotels.

In that case, the Supreme Court held that VAT Act, being an Act of the National Assembly had covered the field on the issue of Sales Tax, and must prevail over sales tax, and a State cannot impose consumption tax in addition to VAT.

I do not agree that, VAT is not part of the taxes mentioned in the Exclusive Legislative List.

The powers of the Federal Government to make laws on Tax is constitutional, and it does not share that powers with the States. The law therefore, is that where any law made by the State is in conflict with the law validly made by the National Assembly, that law by the National Assembly shall prevail.

The 1999 Constitution as amended is clear on this.

It provides that:

PART II Powers of the Federal Republic of Nigeria

  1. (1) The legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation, which shall consist of a Senate and a House of Representatives.

(2) The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.

(3) The power of the National Assembly to make laws for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List shall, save as otherwise provided in this Constitution, be to the exclusion of the Houses of Assembly of States.

(4) In addition and without prejudice to the powers conferred by subsection (2) of this section, the National Assembly shall have power to make laws with respect to the following matters, that is to say:-

(a) Any matter in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; and

(b) Any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.

(5) If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other Law shall, to the extent of the inconsistency, be void.

In the face of these clear provisions of the Constitution, the political controversies being generated by the spate of laws on VAT being made by State Houses of Assembly, require judicial interpretation of our Constitution. While it is true that some parts of Nigeria have lazy governmental structures, we must be careful not to act in violation of Nigerian Constitution.

As lawyer, my duty is to look at the law. I cannot in clear conscience, fault the validity of the VAT Act which has covered the field. I may be wrong, but I strongly believe the Constitution is in favour of the VAT Act.

Jibrin Samuel Okutepa, SAN

‘No! Fiscal Federalism Empowers States to Collect VAT’ – Chief Dan Osi Orbih‘

Advice

Fiscal Federalism, the battle that must be won. The South-South Governors must stand firm in the defence of fiscal Federalism, which is what the whole issue of the VAT collection controversy is all about. The Governors should be encouraged to give backing to the recent legal moves to reposition the collection of Value Added Tax, VAT, to the States where the duty rightly belongs.

Noting the recent amendments to the Value Added Tax law by Rivers State, and later Lagos State, one can describe the development as a big window for the South-South States to achieve the long desired quest for fiscal Federalism.

One must first note and commend the innovative and painstaking pursuit of this case, by Governor Nyesom Wike.

With this development, the long desired dream of many Nigerians for equitable distribution of resources has been given a very strong push. It is a bold and salutary move, in restructuring our tax collection system.

Previous Post

Bandits attack military base in Zamfara, kill 12 officers, seize weapons

Next Post

Russian mercenaries coming to fight Jihadists in West Africa

Related Posts

Interstate highways of agony, hollow excuses – Punch
Public Affairs

Interstate highways of agony, hollow excuses – Punch

September 1 2026
Mass presence of governors in off-cycle elections – Punch
Public Affairs

Mass presence of governors in off-cycle elections – Punch

August 27 2026
Clerics must preach peace, not division – Punch
Public Affairs

Clerics must preach peace, not division – Punch

August 25 2026
Tax reform: Northern senators in closed-door meeting as bill scales second reading
Public Affairs

Tax reform must end multiple taxation – Punch

August 24 2026
BREAKING: Kidnapped Oyo pupils, teachers regain freedom
Public Affairs

Terror victims deserve care – Punch

August 21 2026
Unfilled tertiary education spaces debacle – Punch
Public Affairs

Unfilled tertiary education spaces debacle – Punch

August 20 2026
Next Post
Russian mercenaries coming to fight Jihadists in West Africa

Russian mercenaries coming to fight Jihadists in West Africa

Victor Osimhen contracts COVID-19

Foreign clubs spent N300.5bn on Nigerian players in last 10 years –FIFA

Leave a Reply Cancel reply

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

FROM THE GRASSROOTS

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

Umahi’s son wins Ohaozara chairmanship as APC sweeps all Ebonyi LGAs

Umahi’s son wins Ohaozara chairmanship as APC sweeps all Ebonyi LGAs

by The Editor
August 24 2026
0

...

APPOINTMENTS

Tinubu swears in Enitan as new Head of Service

Tinubu swears in Enitan as new Head of Service

by The Editor
August 28 2026
0

...

Tinubu names new Head of Service

Tinubu names new Head of Service

by The Editor
August 19 2026
0

...

Sahara Upstream positions Arahas and SGIR for next growth phase, deepens investment in African oilfield services

Sahara Upstream positions Arahas and SGIR for next growth phase, deepens investment in African oilfield services

by The Editor
August 8 2026
0

...

Police IG deploys new CPs to eight states, other formations

Police IG deploys new CPs to eight states, other formations

by The Editor
August 7 2026
0

...

ODDITIES

How friend deceived me to sell my kidney, bought phones with payment — Victim

How friend deceived me to sell my kidney, bought phones with payment — Victim

by The Editor
August 30 2026
0

Umahi files N2.5b defamation lawsuit against bloggers

Umahi files N2.5b defamation lawsuit against bloggers

by The Editor
August 26 2026
0

Scavengers strip Lagos bridges, homes in widespread theft

Scavengers strip Lagos bridges, homes in widespread theft

by The Editor
August 25 2026
0

GLOBAL NEWS

Iran President thanks Putin for Russia’s stance in war with US

Iran President thanks Putin for Russia’s stance in war with US

by The Editor
September 1 2026
0

...

Saudi Arabia halts multiple visas for Nigeria, 13 others as U.S. suspends visa dropbox

US outlines two family visa options for permanent residence

by The Editor
September 1 2026
0

...

US Army Secretary submits resignation

US Army Secretary submits resignation

by The Editor
September 1 2026
0

...

Russia helps Niger Republic junta to retake military base

Russia helps Niger Republic junta to retake military base

by The Editor
August 30 2026
0

...

WHO declares global health emergency over Ebola outbreak in Congo, Uganda

WHO confirms Uganda Ebola-free, as virus continues spread in DRC

by The Editor
August 28 2026
0

...

State of the States

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

by The Editor
September 2 2026
0

...

Gov. Mutfwang convenes security council over Plateau attacks

Gov. Mutfwang convenes security council over Plateau attacks

by The Editor
September 2 2026
0

...

Enugu govt gets commendation for successful hosting of 2nd City Marathon

Enugu govt gets commendation for successful hosting of 2nd City Marathon

by The Editor
September 1 2026
0

...

Gov. Mutfwang bans HISBA operations in Plateau

Gov. Mutfwang bans HISBA operations in Plateau

by The Editor
September 1 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
‘Fake’ Agency: Adeyemi insists DG appointment genuine

Reps panel traces 58 bank accounts, 12 entities, 39 workers to fake PFIPC DG

September 2 2026
Ebonyi council chairmen who fail to deliver APC victory in 2027 will be removed – Gov. Nwifuru

Ebonyi council chairmen who fail to deliver APC victory in 2027 will be removed – Gov. Nwifuru

September 2 2026
2027: I’ll be Atiku, Obi’s first casualty if Tinubu loses — Wike

2027: I’ll be Atiku, Obi’s first casualty if Tinubu loses — Wike

September 2 2026
Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

September 2 2026

EDITORIAL REVIEW

Interstate highways of agony, hollow excuses – Punch

Interstate highways of agony, hollow excuses – Punch

by The Editor
September 1 2026
0

Mass presence of governors in off-cycle elections – Punch

Mass presence of governors in off-cycle elections – Punch

by The Editor
August 27 2026
0

Clerics must preach peace, not division – Punch

Clerics must preach peace, not division – Punch

by The Editor
August 25 2026
0

Tax reform: Northern senators in closed-door meeting as bill scales second reading

Tax reform must end multiple taxation – Punch

by The Editor
August 24 2026
0

BREAKING: Kidnapped Oyo pupils, teachers regain freedom

Terror victims deserve care – Punch

by The Editor
August 21 2026
0

Opinion

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Fake agencies: Why Nigeria still needs Oronsaye report

by The Editor
August 25 2026
0

...

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 2026
0

...

Adeleke’s win and the cost of winning at all costs

Adeleke’s win and the cost of winning at all costs

by The Editor
August 18 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.