NIGERIA: States Govt, Not FG Should Collect VAT, Related Taxes, Court Rules

In a landmark ruling, the Federal High Court sitting in Port Harcourt, Rivers State, has declared that the Rivers State Government and not the Federal Inland Revenue Services (FIRS), an agency of the federal government, should collect Valued Added Tax (VAT) and Personal Income Tax (PIT) in the state.

Presided over by Justice Stephen Dalyop Pam, the court 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 eleven reliefs sought by the Rivers State Government, stated that there was 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, being that the constitutional powers and competence of the federal government was limited to taxation of incomes, profits and capital gains, which did 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 lacked 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 were issues of law that the court was 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 eleven reliefs it sought in the suit.

The court agreed with the Rivers State Government that it was the State and not FIRS that was 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 were 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 was 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 7 and 8 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 contained provisions that were 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 with 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, were unconstitutional, null and void.

Lead counsel for the Rivers State Government, Donald Chika Denwigwe (SAN), who spoke to journalists after the court session, explained that the case was 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.

“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 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.

Donald Chika Denwigwe, SAN, lead counsel to Government of Rivers State and Ken C.O. Njemanze, SAN, briefing journalists after the Federal High Court in Port Harcourt on Monday declared FIRS collection of Value Added Tax in Rivers State unconstitutional.

On the implication of the judgement, Denwigwe said it was 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.

U“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 to FIRS, O.C. Eyibo said he would study the judgment and advise his client.

By Mike Odiegwu, Port Harcourt.

EFCC To Collaborate With KADIRS in Blocking Tax Leakages

The Executive Chairman of the Economic and Financial Crimes Commission EFCC, Abdulrasheed Bawa on Tuesday, August 10, 2021 promised to collaborate and partner with the Kaduna State Internal Revenue Services, KADIRS in the areas of information gathering and sharing to block leakages in taxation and ensure prompt payment of tax in the state.

The EFCC boss gave the assurance when a delegation from KADIRS led by its Executive Chairman, Dr. Zaid Abubakar paid him a courtesy visit at the Commission’s headquarters, Jabi, Abuja.

The EFCC boss stressed the need for partnership and collaboration which he said is one of the core mandates of the Commission, and will work with KADIRS to achieve its objectives. “Here in the EFCC, issues of partnership are one of our core values. We are by law empowered to collaborate with agencies within and outside the country for the main purpose of seeing that economic and financial crimes are curtailed in this country. I want to assure you that we are willing to partner with your organization to ensure that those that are expected to pay their taxes are paying their taxes as and when due; and for the collaboration that you said that you have been having with the EFCC, I want to assure you that we are going to sustain it.”

In his remarks, Executive Chairman of KADIRS, Dr. Zaid Abubakar said they were at the EFCC to seek ways of collaboration in the areas of information and data gathering and in other areas the EFCC can assist. “We are also faced with the use of data gathering which, as earlier it was EFCC we relied upon to get whatever data we are able to use. We saw the need for us to push further instead of just limiting ourselves to the zonal office, we saw the need for us to escalates issues and come specially to meet the Executive Chairman, first to show our appreciation over what happened in the last twelve months, the successes we recorded because of the partnership and also to ask further on other areas that he feels he can assist going by the provision of the law, because we are not going to ask for anything outside the mandate of EFCC,” he said.

Bawa enjoined the KADIRS to take advantage of the Tax Fraud Section in the Kaduna Zonal Command to improve its activities and bring more tax payers into the tax net.