Business
MTN’s suit against AGF stalled over absence of judge
The suit brought by MTN Nigeria Limited challenging the legality of the assessment of N242 billion and $1.3 billion by the Attorney General of the Federation, AGF, for import duties and withholding tax could not go on as scheduled on Monday because of the absence of the judge handling the case, Justice Chukwujekwu Aneke.
Justice Aneke of the Federal High Court, Lagos, was said to have gone on an official duty. The case was adjourned to February 7, 2019.
It would be recalled that MTN had instituted the suit by a writ dated Sept.10, challenging the legality of the AGF’s assessment of its import duties, withholding of tax and value added tax in the sums of N242 billion and 1.3 billion dollars.
MTN claims in the suit that a revenue assets investigation allegedly carried out by the Federal Government on MTN for the period of 2007 – 2017 violates Section 36 of the Constitution. It also added that the government’s decision conveyed through the office of the AGF, by a letter dated Aug. 20, contravenes the provisions of the section.
The company is therefore praying the court to declare that the defendant (AGF) acted in excess of his powers by allegedly directing, through a letter dated May 10, an assessment, which MTN claims, usurped the powers of the Nigerian Customs Service to demand import duties.
Read also: Nigerian govt declares Discos as failures, five years after privatisation
MTN also alleges, among other things, that the AGF usurped the powers of the Federal Inland Revenue Service to audit and demand remittance of withholding tax and value added tax.
It seeks a court order vacating the AGF’s letter dated Aug. 20, demanding N242 billion and 1.3 billion dollars from MTN, while also claiming N3 billion against AGF as general damages, exemplary damages and legal costs.
It his preliminary objection, the AGF argued that the plaintiff (MTN) instituted the suit in disregard to Section 2 of the Public Officers Protection Act – which provides that any action against a public officer must be made within three months from commencement of cause of action.
AGF argued that plaintiff’’s failure to begin the suit as stipulated by law robs the court of its jurisdiction to entertain the case.
Join the conversation
Support Ripples Nigeria, hold up solutions journalism
Balanced, fearless journalism driven by data comes at huge financial costs.
As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.
If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.
Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.
INVESTIGATION: In Kwara, multimillion-naira milk processing plant is abandoned, converted to a chicken outlet
After the government spent millions of naira to establish a milk processing plant in Kwara State that would provided jobs...
SPECIAL REPORT: For Sokoto communities, promise of healthcare is akin to death sentence
In this story, ABDULRASHEED HAMMAD delves into the dire realities of Primary Health Care services in Sokoto State, shedding light...
ICYMI…SPECIAL REPORT: NNPCL hides behind PIA to frustrate disclosure, accountability
Nigeria’s major oil company, Nigerian National Petroleum Corporation Limited (NNPCL), in what appears to be a common practice of disregard...
INVESTIGATION: Multi-million naira Ekiti resort center remains uncompleted a decade after
The multimillion-naira project, expected to comprise recreational buildings, now consists of cassava farmland, a bush used for excretion, and a...
SPECIAL REPORT: Torturous experiences of students with disabilities in Oyo tertiary institutions
For students with disabilities in Oyo state-owned tertiary institutions, learning is a torturous and distressing experience, considering the building structures...