emperor863:


You forgot to add that Tanko Mohammed is the reason Diri is the governor of Bayelsa state despite scoring just about 35% of the total votes cast.

Ode. Fool. Retard.

Ur father is an ode. Ur mother a f0ol. Ur siblings are r€tards. You on the other hand are inconsequential. A living waste of matter, us£lessly occupying space. I said what I said and I stand by it. Go drown urself in a sewage pit if you don't like it. Rvbbish.

AlmonDeLemon:


You are just bitter. Have u ever witnessed the tremendous development in Portharcourt like this before? Wike is truly trying to make Portharcourt the Garden City it were before. See as everywhere clean. Dey here dey talk wetin nor clear. Pained!

He failed to understand that governance is a continuous process and each administration will strive to build on the achievements of its predecessor


I wonder whether its this same Wike that is nicknamed Mr project

Iliya1520:


Thank god Islam has schools, and he attended It. What is so-called cristianity who no get school? They depend on only western education and only believe on it.

He went to Islamic school...so he should be in a Sharia court. What is he doing as chief justice of a western education-like court?
Take ur yeye sentiments elsewhere
They really can't cure stvpid.

ourema:
UPDATED Rivers govt drags FG to Supreme Court over VAT

…seeks disbandment of A’Court panel that ordered maintenance of status quo



https://www.vanguardngr.com/2021/09/breaking-rivers-govt-drags-fg-to-supreme-court-over-vat-revenue/

Will he get the needed judgment from a chief justice that was handpicked to answer the biddings of this calamity of a government?

ourema:
Apart from this current case the Rivers State governor performance is below that of his predecessor Amaechi.

Employment his rating is below the previous government,
Workers promotion and Pensioner gratuity is very poor


If you are not from Rivers State and a Civil Servant don't mention me. I am from Rivers State and a civil servant and above all non partisan

Civil Servant? The worst and most corrupt humans in Nigeria. Just keep shut there before I gather my fellow Nigerian youths and match to your house to bring you out to the market square.

garfield1:
Since VAT was not mentioned in the exclusive or concurrent list, you cannot assume that it is in the residual list. the law leaves no room for assumptions.it is not in any list.rivers state indirectly accepted this that is why they canvassed that it is in the concurrent list but legally under the purview of states which the court stylishly disallowed...

There was nothing stylish about it. The Exclusive List is strictly for the FG, the Concurrent List is shared between the FG & States. Any other lists not defined in any of the two above is residual.

It is not my assumption. Hear the Supreme Court in Eko Hotel v AG Lagos, per Ejembi Eko JSC

“Suffice for now, that I say that an Act of the National Assembly, for purposes of covering the field, can only be said to be a ‘predominant paramount’ legislation if it was validly enacted, or could be deemed to have been validly enacted, with respect to any matter the National Assembly is empowered by the Constitution to make laws. An Act of the National Assembly enacted in respect of any residual matter, not being a matter either in the Exclusive Legislative or the Concurrent Legislative List, cannot be arrogated a predominant paramount legislation so as to override any law validly enacted by a House of Assembly of a State in respect of any residual matter. The determinant factor in covering the field is the validity of the predominant paramount legislation viz-a-viz the subordinate legislation."

This is clear.

Since vat is not in the constitution,the next law to check are subsidiary laws like nass acts and we have the vat act therefore,it is legal.we also have the TLA.the court cannot nullify the vat act and then legalize that of states when it clearly agreed that it is not in the constitution.it is like nullifying a portion of the electoral act and legalizing a state law similar to it.this is ridiculous and perverse....

The Constitution is Supreme. The National Assembly cannot arrogate legislation on any list(s) not in the Concurrent or Exclusive legislative lists. It is strictly for the States legislatures.

Where an Act is in conflict with the Constitution, it won't stand...
The VAT Act as at today is not legal unless the Appeal Court rules otherwise.

The Appeal Court in Uyo Local Government Council V. Akwa lbom State Government & Anor. in 2020 nullified the TLA for been inconsistent with the Constitution. Only the Supreme Court can say otherwise. Hence, TLA is illegal as at today.

The Higher Courts will help us as the cases progress.

At the fhc,rivers canvassed that states are empowered to collect vat on items 58 and 59..this is very narrow and limited.on the other hand,firs stated that a combined reading of sections 4(1),4a,315,318 and a community reading of items 62,67 and 68 of the second schedule,it is empowered to collect vat and other items provided by TLA...

It also argued that where a conflict exists between a schedule and a section of an enactment,the section prevails.the TLA though enacted by the military is legal and effective by virtue of section 315 of the constitution...

An objective review of both pleadings shows that that of firs is superior and all encompassing and when it comes to constitutional matters,the apex courts usually undertake a community and a combined reading.it even goes beyond the law at times to resolve such complicated matters by using foreign laws,case studies,common sense,security matters etc...

Section 315 cannot be read in isolation because it is an existing law:

315 (3) “Nothing in this constitution shall be construed as affecting the power of a court of law or any tribunal established by law to declare invalid any provision of an existing law on the ground of inconsistency with the provision of any other law, that is to say-

Any other existing law;
A law of the House of Assembly;
An Act of National Assembly; or
Any provision of this Constitution
It is clear with this, that a Federal Law can also be vitiated on the premise of conflict with another part of the Constitution

Finally,I also agree that all parties must settle out of court...let the share of the largest vat contributors increase or both firs and state IRS should agree on areas of collection...allowing states to totally collect vat is throwing discretion to the winds... It is like saying oil producing states should collect oil revenue...no body is robbing peter..every state has something they contribute and shares to other states.no state is totally self self sufficient.

States are robbing Peter.
You cannot destroy people's sweat based on whatever reason like bottles of alcohol, then turn to benefit from the proceeds of same. Nothing is more hypocritical than this. If you don't like something and ban it, extricate from benefitting from the proceeds thereof.

Many criticised tobacco adverts in the past and today tobacco advertising is banned on domestic TV with heavy restrictions in the print media.

DubaiLandLord1:
The Appeal Court ask the Rivers State Govt. And FIRS to maintain status quo, that means Rivers can keep on collecting VATs till the Appeal Court pass a judgement.

Why do you Children like deceiving yourselves? If the Appeal court sided with Rivers State for them to keep collecting taxes, then why did they approach the Supreme Court?

Sirjamo:
This is not Onoghen's Supreme Court that always favour the Poverty Development Party.

Rushing to Supreme Court when the matter is still pending before the appeal Court is no longer allowed in this era of Tanko Mohammed.


Wike is looking for his retirement package in form of value added tax. He just realized that VAT exists, after almost seven years in office.

Is the Supreme court not the court where you can appeal an injunction issued by an Appeal Court?
The Appeal court made a pronouncement/judgement to maintain a certain statue quo which a party to the case found was issued erroneously.

Do you still appeal to the same appeal court to reverse course or you appeal to the supreme court who can set aside the pronouncements of the appeal court?

novaris:


He failed to understand that governance is a continuous process and each administration will strive to build on the achievements of its predecessor


I wonder whether its this same Wike that is nicknamed Mr project

Amaechi recruited thousands of civil servants he couldn't pay until he left office and now you're blaming Wike for his inactions. He's the best so far. Hate it or love it.

AlmonDeLemon:


Amaechi recruited thousands of civil servants he couldn't pay until he left office and now you're blaming Wike for his inactions. He's the best so far. Hate it or love it.

In talking, Basketmouth.

fergie001:

Tomorrow is the hearing date for the application of Lagos State Government to join the suit.

Is there a likelihood that the firs can win the case legally?

Buckeyemedia1:
Why do you Children like deceiving yourselves? If the Appeal court sided with Rivers State for them to keep collecting taxes, then why did they approach the Supreme Court?

I think the understanding of the appeal court judgement about maintaining the statues quo...which means the FIRS and not the River state government, will continue to collect tax pending the determination of the case in the court of appeal... the pronouncement of the court of appeal about maintaining status quo which River state government believe was erroneous ,hence the approaching of the supreme court to validate the court of appeal's judgement and some other claims like that.

AntiBMC:


He went to Islamic school...so he should be in a Sharia court. What is he doing as chief justice of a western education-like court?
Take ur yeye sentiments elsewhere
They really can't cure stvpid.

Nigeria court is sharia court, if not why are they employed person who supposed to serve in sharia court?

garfield1:


The present system is better.how can 5 states be benefitting 87% of vat

5 states can benefit 100% of what they bring to the table. If you like, tax banditry and kidnapping in your cursed states.
No wonder you're arguing like a beggar. You are an Abokee vat beggar.

darfay:


Is there a likelihood that the firs can win the case legally?

With the Abokee lawyers defending FIRS? Lailai

darfay:
Is there a likelihood that the firs can win the case legally?

Precedents don't favour the FIRS.

garfield1:


Wike is overreaching himself.by asking for a new appeal panel,he will definitely lose the case.he must have tried bribing them and failed

What nonsense are you saying
Did you not see the grounds for his appeal

Agboriotejoye:

What nonsense are you saying
Did you not see the grounds for his appeal

Na Abokee na, they are not very gifted in cerebral matters. That idiot was asking why 5 states should enjoy 85% of VAT. The generational beggar has forgotten that the 5 states are generating almost 90% of the entire VAT in the country.

fergie001:

There was nothing stylish about it. The Exclusive List is strictly for the FG, the Concurrent List is shared between the FG & States. Any other lists not defined in any of the two above is residual.

It is not my assumption. Hear the Supreme Court in Eko Hotel v AG Lagos, per Ejembi Eko JSC

“Suffice for now, that I say that an Act of the National Assembly, for purposes of covering the field, can only be said to be a ‘predominant paramount’ legislation if it was validly enacted, or could be deemed to have been validly enacted, with respect to any matter the National Assembly is empowered by the Constitution to make laws. An Act of the National Assembly enacted in respect of any residual matter, not being a matter either in the Exclusive Legislative or the Concurrent Legislative List, cannot be arrogated a predominant paramount legislation so as to override any law validly enacted by a House of Assembly of a State in respect of any residual matter. The determinant factor in covering the field is the validity of the predominant paramount legislation viz-a-viz the subordinate legislation."

This is clear.


The Constitution is Supreme. The National Assembly cannot arrogate legislation on any list(s) not in the Concurrent or Exclusive legislative lists. It is strictly for the States legislatures.

Where an Act is in conflict with the Constitution, it won't stand...
The VAT Act as at today is not legal unless the Appeal Court rules otherwise.

The Appeal Court in Uyo Local Government Council V. Akwa lbom State Government & Anor. in 2020 nullified the TLA for been inconsistent with the Constitution. Only the Supreme Court can say otherwise. Hence, TLA is illegal as at today.

The Higher Courts will help us as the cases progress.


Section 315 cannot be read in isolation because it is an existing law:

315 (3) “Nothing in this constitution shall be construed as affecting the power of a court of law or any tribunal established by law to declare invalid any provision of an existing law on the ground of inconsistency with the provision of any other law, that is to say-

Any other existing law;
A law of the House of Assembly;
An Act of National Assembly; or
Any provision of this Constitution
It is clear with this, that a Federal Law can also be vitiated on the premise of conflict with another part of the Constitution


States are robbing Peter.
You cannot destroy people's sweat based on whatever reason like bottles of alcohol, then turn to benefit from the proceeds of same. Nothing is more hypocritical than this. If you don't like something and ban it, extricate from benefitting from the proceeds thereof.

Many criticised tobacco adverts in the past and today tobacco advertising is banned on domestic TV with heavy restrictions in the print media.

Sorry sir,that the constitution did not specify what items are residual does not mean we should speculate and assume.it is one of the loopholes of the 1999 constitution...fortunately,previous constitutions like the 1999 constitution specified clearly what residual items are..elementary government and civic education mentioned examples of items in the residual list like chieftaincy,motor parks,marriage,birth and death reg etc.again,the constitution clearly spelt out the functions of the local government.a community reading of this with items in the exclusive and concurrent lists will show that a serious matter or item like vat cannot be under the residual list...moreover,vat is something that is mostly collected or generated from imports and we know who has powers over such items.

Again,a simple dictionary definition will suffice and the supreme always consults the dictionary....

JSC eko statement does not specifies what residual items are,he is simply setting the records straight as to the powers of the nass..any judgment of the appeal or fhc is just temporary until the apex court rules...

Your statement on alcohol is petty and in bad fate.alcohol and cigar constitute a tiny percentage of vat,such views arw left for ethnic jingoists to advance.you are bigger than that.
Finally,if you take a good look at several supreme court judgments,they always refer or cite laws beyond 1999 including edicts and decrees and even foreign laws that are relevant to those cases.the fhc and appeal court were misguided.the vat and TLA are clearly in my own view not against the constitution

Terrence99:


Na Abokee na, they are not very gifted in cerebral matters. That idiot was asking why 5 states should enjoy 85% of VAT. The generational beggar has forgotten that the 5 states are generating almost 90% of the entire VAT in the country.

I'm actually beginning to believe the guy is a northerner. Always pro-North in his bias and arguments.
I wonder why he will prefer kebbi state enjoy the proceeds of vat meant for cross River state he claims to come from. Same Kebbi state he can't even run for a local govt chair!!
Either he's a northerner or he's just another house niggar

ourema:
Apart from this current case the Rivers State governor performance is below that of his predecessor Amaechi.

Employment his rating is below the previous government,
Workers promotion and Pensioner gratuity is very poor



If you are not from Rivers State and a Civil Servant don't mention me. I am from Rivers State and a civil servant and above all non partisan

Olodo please comment on the issues or you open another post

Agboriotejoye:

I'm actually beginning to believe the guy is a northerner. Always pro-North in his bias and arguments.
I wonder why he will prefer kebbi state enjoy the proceeds of vat meant for cross River state he claims to come from. Same Kebbi state he can't even run for a local govt chair!!
Either he's a northerner or he's just another house niggar

That one is a Northerner. Him and Juliusmalema.
They hide under the cloak of party loyalty to undermine the South. The day I caught Juliusmalema was the day fulanis were killed in Plateau state. You needed to see how he was convulsing on Nairaland.

There are many of them but the easiest way to catch them is to observe their lack of intellect. They argue like congenital rreetards.

The CJN has DEMENTIA.

The CJN has DEMENTIA. Beware of SHARIA JUSTICE.

garfield1:



Sorry sir,that the constitution did not specify what items are residual does not mean we should speculate and assume.it is one of the loopholes of the 1999 constitution...fortunately,previous constitutions like the 1999 constitution specified clearly what residual items are..elementary government and civic education mentioned examples of items in the residual list like chieftaincy,motor parks,marriage,birth and death reg etc.again,the constitution clearly spelt out the functions of the local government.a community reading of this with items in the exclusive and concurrent lists will show that a serious matter or item like vat cannot be under the residual list...moreover,vat is something that is mostly collected or generated from imports and we know who has powers over such items.

Again,a simple dictionary definition will suffice and the supreme always consults the dictionary....

JSC eko statement does not specifies what residual items are,he is simply setting the records straight as to the powers of the nass..any judgment of the appeal or fhc is just temporary until the apex court rules...

Your statement on alcohol is petty and in bad fate.alcohol and cigar constitute a tiny percentage of vat,such views arw left for ethnic jingoists to advance.you are bigger than that.
Finally,if you take a good look at several supreme court judgments,they always refer or cite laws beyond 1999 including edicts and decrees and even foreign laws that are relevant to those cases.the fhc and appeal court were misguided.the vat and TLA are clearly in my own view not against the constitution

PAYE is not a serious matter but VAT is a serious matter. Foolish VAT beggar.
What makes VAT a serious matter? Simply because you Northern parasites won't be eating it again.

This thing is saying VAT is majorly collected from imports. Kano generates a few billions of VAT. How much of import goes there?

People who are afflicted with Idiotic reasoning like yours are in charge of affairs in the North, that is why the North remains a barren wasteland.

Agboriotejoye:

I'm actually beginning to believe the guy is a northerner. Always pro-North in his bias and arguments.
I wonder why he will prefer kebbi state enjoy the proceeds of vat meant for cross River state he claims to come from. Same Kebbi state he can't even run for a local govt chair!!
Either he's a northerner or he's just another house niggar

It is not a north vs south thing.it affects most states whether south or north.statistics shows that Lagos generates 55%,fct 20%,rivers6%,kaduna 5% and kano 1%.that invariably means that 32 states contribute 13% including my crs and they collect more vat that they actually generate.

Terrence99:


PAYE is not a serious matter but VAT is a serious matter. Foolish VAT beggar.
What makes VAT a serious matter? Simply because you Northern parasites won't be eating it again.

This thing is saying VAT is majorly collected from imports. Kano generates a few billions of VAT. How much of import goes there?

People who are afflicted with Idiotic reasoning like yours are in charge of affairs in the North, that is why the North remains a barren wasteland.

Mynd44 lalasticlala oam4j roktation rule 2 and 3 violated.take action

You're a liar my mother is a civil worker and she is always paid on the 28th of the month.... Stop lying

ourema:
Apart from this current case the Rivers State governor performance is below that of his predecessor Amaechi.

Employment his rating is below the previous government,
Workers promotion and Pensioner gratuity is very poor



If you are not from Rivers State and a Civil Servant don't mention me. I am from Rivers State and a civil servant and above all non partisan

garfield1:

rule 2 and 3 violated.take action

Tag Sultan and Hisbah too.

ourema:
Apart from this current case the Rivers State governor performance is below that of his predecessor Amaechi.

Employment his rating is below the previous government,
Workers promotion and Pensioner gratuity is very poor



If you are not from Rivers State and a Civil Servant don't mention me. I am from Rivers State and a civil servant and above all non partisan

From your position we all know that you're partisan if not you would have known that Wike is working for tomorrow and for good. All of you APC supporters have pledged your loyalty to the north including Amaechi.


Let state collect VAT. If you like relocate to Abuja and join your saint Amaechi.

Terrence99:


Tag Sultan and Hisbah too.

Don't worry,your ban is inevitable

garfield1:

Don't worry,your ban is inevitable

Just like it is inevitable that you VAT beggars from Arewa will starve.