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COURT RULES - THE EFCC LACKS POWERS TO INVESTIGATE, ASSESS, LEVY AND OR ENFORCE TAX AND TAX RELATED MATTERS ON BEHALF OF THE FEDERAL REPUBLIC OF NI
We are pleased to have represented Vertex Agro Ltd; a major
Manufacturer and supplier of Agro-Allied products in Nigeria,
before the Federal High Court, Abuja to a Landmark Victory
against the Economic and Financial Crimes Commission
(EFCC).
Vide an originating summons filed on the 8th day of February
2023 we beseeched the Federal High Court with Six(6)
questions and sought several reliefs essentially challenging
the scope of the powers of the EFCC to assess, investigate,
enforce, or levy taxes on behalf of the Federal Government
given the incessant invitations and harassment of the
company by personnel of the EFCC on Tax related inquiries, on
the grounds that issues of Taxation are within the exclusive
preserve of the Federal Inland Revenue Service (FIRS).
We contended amongst other things that the EFCC cannot
usurp the powers of another federal government agency
equally created by an Act of Parliament; the Federal Inland
Revenue Service (Establishment) Act, 2007 to undertake the
assessment, investigation, enforcement, and collection of
taxes on behalf of the Federal Government of Nigeria.
In that pursuit, we prayed the Court to declare the actions of
the EFCC as ultra vires and accordingly grant an order of
perpetual injunction restraining the EFCC from further inviting
the alter ego of Our Client or any other staff in the guise of
undertaking the assessment, investigation, enforcement, and
collection of taxes on behalf of the Federal Government of
Nigeria.
In resolving the above issue, the Federal High Court in a
well-considered judgment on the 19th day of July 2023, agreed
with our contention that the EFCC indeed acted beyond its
powers when it undertook the assessment, investigation,
enforcement, and collection of taxes on behalf of the Federal
Government of Nigeria concerning Our Client’s tax obligations.
The Federal High Court held that the powers of the EFCC in the
investigation of financial crimes are not at large hence it
cannot reign supreme over the powers of another Federal
Government Agency that is specifically empowered to
undertake the assessment, investigation, enforcement, and
collection of taxes on behalf of the Federal Government of
Nigeria.
Consequently, the Court granted our relief for a perpetual
injunction and awarded the sum of N3,000,000.00 (Three
Million Naira) only as general damages against the EFCC.
Our Dispute resolution team was ably led by Our Associate;
Emmanuel C. Sogo, Esq with J.P. Okako, Esq
Click to read the full article
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