News
N1.8 trillion tax evasion: Tribunal orders DSTV to pay 50% tax backlog before hearing appeal

The Tax Appeal Tribunal (TAT) sitting in Lagos on Tuesday, 24th August , 2021 ordered Multichoice Nigeria Limited, owners of popular cable television services, DSTV, to pay 50 per cent of N1.8 trillion which the Federal Inland Revenue Service (FIRS) has determined through a forensic audit to be the amount in taxes that Multichoice Nigeria Limited had failed to pay to the Government of Nigeria in past assessment years.

The five-member TAT led by its Chairman, Professor A.B. Ahmed, issued the order following an application to it by the Counsel to FIRS.

In a statement by the Director of Communications and Liaison Department, Abdullahi Ismaila Ahmad which was made available to CAPITAL POST on Wednesday in Abuja, he said the Counsel made the application under Order XI of the TAT Procedure Rules 2010 which enables a party to make an application at any stage of the proceedings.
Counsel for FIRS drew the attention of the Tribunal to Paragraph 15(7) of the Fifth Schedule to the Federal Inland Revenue Service (Establishment) Act 2007 and urge the Tribunal to direct Multichoice Nigeria Limited to deposit with the FIRS 50 percent of the amount of the Assessment under Appeal as security and a condition that must be fulfilled before the prosecution of the Appeal brought before TAT.
In certain defined circumstances to which the Multichoice appeal fits, Paragraph 15(7) of the Fifth Schedule to the Federal Inland Revenue Service (Establishment) Act 2007 (FIRS Act) requires persons or companies seeking to contest a tax assessment to pay all or a stipulated percentage of the tax assessed before they can be allowed to argue their appeal contesting the assessment at TAT.
Multichoice Nigeria Limited filed the matter at the Lagos TAT following its dispute over FIRS’ issuance of Notices of Assessment and Demand Note in the sum of N1, 822, 923,909,313.94k on 7 April 2021.
The amount constitutes what the FIRS calculated as due in taxation to the Federal Government of Nigeria from Multichoice after an investigation over several months to determine the extent to which Multichoice has been evading taxes in Nigeria.
At Tuesday’s hearing of the matter in Appeal No: TAT/LZ/CIT/062/2021 19/08/2021 (Multichoice Nigeria Limited v. Federal Inland Revenue Service), Multichoice Nigeria Limited amended its Notice of Appeal and thereafter sought through its counsel, Bidemi Olumide of AO2 Law Firm for an adjournment of the proceedings to enable it to respond to the FIRS’ formal application for accelerated hearing of the Appeal and prayer before the TAT directing Multichoice to produce before the Tribunal the integrated Annual report and Management Account Statements of Multichoice Group Ltd for Tax Years 2012 to 2020, among other prayers.
In response, however, the FIRS Counsel asked TAT to issue an order requiring that Multichoice makes the statutory deposit of 50% of the disputed sum.
After hearing arguments from both sides, TAT upheld the FIRS submission and directed Multichoice Nigeria Limited to deposit with the FIRS an amount equals 50 percent of the Assessment under the Appeal plus a sum equal to 10% of the said deposit as a condition precedent for further Hearing of the Appeal.
Thereafter, TAT adjourned the Appeal to 23 September 2021 for report of compliance with its Order and continuation of the hearing, subject to compliance with the Tribunal’s order.

News
BREAKING: Key contact details missing in petition to recall Senator Natasha Akpoti-Uduaghan – INEC

The Independent National Electoral Commission, INEC, has acknowledged receiving a petition for the recall of the Senator representing Kogi Central Senatorial District but noted that key contact details of the petitioners were missing.

In a press release signed by Sam Olumekun, the National Commissioner and Chairman of INEC’s Information and Voter Education Committee, the commission stated that the petition was submitted with six bags of documents containing signatures from more than half of the 474,554 registered voters in the district.

However, the covering letter only provided a general location, “Okene, Kogi State,” without a specific address or multiple contact numbers as required by INEC’s regulations.
INEC emphasized that the recall process is guided by the 1999 Constitution, the Electoral Act 2022, and its 2024 Regulations and Guidelines for Recall.
The commission assured that once the petition meets all requirements, it will proceed with verifying the signatures using the Bimodal Voter Accreditation System (BVAS) in an open process involving petitioners, observers, and the media.
INEC is currently making efforts to reach the petitioners through other means and urged the public to disregard speculation on social media regarding the recall process.

News
Natasha’s case to be assigned to another Judge as Egwuatu recuse himself, citing Akpabio’s petition

Justice Obiora Egwuatu of the Federal High Court in Abuja, has recused himself from Senator Natasha Akpoti-Uduaghan’s case citing a petition by lawyers to Senator Godswill Akpabio.

The case bothered on suspension of Senator Natasha Akpoti-Udughan from the Senate for six months, but a dramatic twist to it Justice Egwuatu who is presiding over the matter on Tuesday recused himself and ordered that the cas file be sent to the Chief Justice for reassignment.

The trial judge based his decision on a petition the Senate President, Godswill Akpabio, wrote to challenge his objectivity in the matter.
Though the suit was originally fixed for hearing, however, when the matter was called up by the court’s clerk, Justice Egwuatu announced his decision in a short ruling he delivered.
He said the case-file would be returned to the Chief Judge for a reassignment to another judge.
It will be recalled that Justice Egwuatu had on March 4, issued an interim order that stopped the Senate Committee on Ethics, Privileges and Public Petitions from going ahead with the disciplinary proceeding that was initiated against Senator Akpoti-Uduaghan over an allegation that she flouted rules of the legislative house.
He held that the disciplinary process should be placed on hold, pending the determination of the suit that was brought before him by the embattled female lawmaker.
More so, Justice Egwuatu gave defendants in the matter, 72 hours to show cause why it should not issue an order of interlocutory injunction to stop them from probing the plaintiff for alleged misconduct, without affording her the privileges stipulated in the 1999 Constitution, as amended, the Senate Standing Order 2023, and the Legislative Houses (Powers and Privileges) Act.
He granted permission for the plaintiff to serve the Originating Summons and all the accompanying processes on all the defendants, through substituted means.
It held that they should be served by handing the processes to the Clerk of the National Assembly or by pasting them on the premises of the National Assembly and publishing same in two national dailies.
The interim orders followed an ex-parte application and an affidavit of urgency that was brought before the court by the lawmaker.
However, despite the orders of the court, the Senate Committee held its sitting and slammed the plaintiff with a six months suspension.
Following an application by the defendants, Justice Egwuatu subsequently amended the interim order he issued in favour of the plaintiff, by vacating the aspect that barred the Senate from undertaking any activity within the pendency of the suit.
The Senate President had through his team of lawyers led by Mr. Kehinde Ogunwumiju, SAN, queried the powers of the court to meddle in the affairs of the Senate.

News
Reports of Justice Agim accompanying Wike to UNICAL convocation false, misleading Supreme Court

The Supreme Court of Nigeria has denied that one of its justices, Justice Emmanuel Agim accompanies the Minister of the Federal Capital Territory to the convocation at the University of Calabar in the South South Nigeria.

The denial came amid suspicion that Justice Agim who wrote a judgment of the Supreme Court in favour of the 27 lawmakers in Rivers State is close to Wike, hence, his presence around Wike has triggered speculations.

Wike is the former governor of Rivers State and a current of the Federal Capital Territory (FCT) who controls lawmakers in Rivers.
In a statement issued on Monday by the Supreme Court’s Director of Information and Public Relations, Festus Akande, he refuted the claims, saying Agim attended the event on his own.
The statement described the rumour as misleading, insisting that Justice Agim attended the event as a honoree, urging Nigerians to disregard the social media lies.
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“Hon. Justice Agim attended the convocation as an esteemed honouree and an alumnus of the institution, who the Governing Council had found worthy to be conferred with an Honorary Doctorate Degree in Law (Doctor Honoris Causa),” the statement read.
“That Justice Agim was recognized for his significant contributions to the legal profession, which reflect his dedication to justice, integrity, and the rule of law.
Naija News reports that the statement highlighted that Justice Agim’s achievements serve as an inspiration for aspiring legal professionals and students alike.
The statement also addressed the claim that Justice Agim had attended the convocation ceremony in the company of Nyesom Wike.
It stressed that this was a false narrative, stating that Justice Agim’s attendance was independent of any government ministry or department and that he was not accompanying any government official.
“Any insinuation to the contrary is not only inaccurate but undermines the judicial independence that is crucial to our democracy,” the Supreme Court emphasized.
Additionally, the statement noted that Justice Agim had been scheduled to attend the burial ceremony of Hon. Justice Stanley Alagoa in Bayelsa State but had sought permission to attend the convocation ceremony instead.
In conclusion, the Supreme Court urged the media and the public to verify information through credible sources before dissemination.
“We encourage the public and media to verify information through credible sources before sharing or publishing to prevent the spread of misinformation,” the statement concluded.

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