Globad's Posts
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You guys like making noise too much in that your country. Solve the problem you all and stop making noise. |
Onyeka90210:I asked a question, you asked for my card details. Is this how to engage? |
Yet this place has a governor? When people catch infectious diseases or die untimely, they blame God or the devil |
Onyeka90210:Typical lazy and shallow approach Una no dey like questions. Someone came here to make a bogus claim and you expected all of us to sheepishly believe him |
Onyeka90210:You've not mentioned the Naija site o |
Onyeka90210:Are they Nigerian sites? |
nazzyjonz:You didn't tell us how he used the snapped cards to withdraw or have access to people's money |
COURT DECLARES RSG, NOT FIRS, ENTITLED TO COLLECT VAT, RELATED TAXES IN RIVERS. The Federal High Court sitting in Port Harcourt has declared that it is the Rivers State Government and not the Federal Inland Revenue Services (FIRS), that should collect Valued Added Tax (VAT) and Personal Income Tax (PIT) in the State. The court, presided over by Justice Stephen Dalyop Pam, has also issued an order of perpetual injunction restraining the Federal Inland Revenue Service 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 is 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 is limited to taxation of incomes, profits and capital gains which does 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 lacks 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 are issues of law that the court is 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 is entitled to all the eleven reliefs it sought in the suit. The court agreed with the Rivers State Government that it is the State and not FIRS that is 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 are 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, is a declaration that the constitutional power of the Federal Government to impose taxes and duties is 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 contains provisions which are 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 of 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, are 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 is 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 (middle) lead counsel to Government of Rivers State and Ken C.O. Njemanze, SAN (left) briefing journalists after the Federal High Court in Port Harcourt on Monday declared FIRS collection of Value Added Tax in Rivers State unconstitutional. Speaking on the implication of the judgement, Denwigwe said it is 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. “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 will study the judgment and advise his client. Kelvin Ebiri Special Assistant (Media) Rivers State Governor August 9, 2021 |
oranget:Read about the contributions of the same Paul to the founding of Christianity and turning of Jesus to God |
oranget:Jesus never said anywhere that he's fully God. Isn't it even confusing and illogical for him to be fully God and fully human? Yet you Africans deride African religions while accepting this obvious illogicality |
Rubbish post that contradicts itself The heading is different from the body |
Beancounter94:Where did you get the impression that Nigerians aren't ready to pay for water from? You said many parts have tap water supply. So, how are they paying for the supply? Is it not far cheaper to pay for tap water than other sources which the same people are paying for? |
Pauldollars:Is Jesus returning only to Nigeria? |
TOPCRUISE:Good question |
Fake news |
Ikwerelastborn:This is why all of you should stop praising all your governors and Presidents. I'm usually surprised when I see some of you beating their chest and praising your failed governors for giving them infrastructure. Where is the infrastructure? No water anywhere. No stable power. No good transport system anywhere in the country. No security. No good schools. No good health system. No good judicial system. Yet some of you scream to the heavens that your governors have given you infrastructure |
Monogamy:So why do you lot praise your governors and presidents for giving you infrastructure? What's infrastructure without water, schools, hospitals, power, roads, etc? Or are you guys just deciding them or yourselves? |
Monogamy:Is there potable water in Abakaliki and other Ebonyi villages? |
SmartPolician:Nigeria is a very funny country. You praise all your governors and Presidents for giving you infrastructure yet the country is still in a rut. Continue |
What of hyena of the East? |
mancoconut:Okay |
FRANKOSKI:That's the person's problem. Or how is it your own problem? |
uBuNiT:In your head, only one person is now equal to alaigbo? |
This kind of spirit should be encouraged. Religion should not become the basis for enmity with anybody. Let each person worship anything that he believes in peacefully. |
Too much noise |
oloshun:Eh, are you serious or just joking? |
Where this case don reach? |
How is this a prophecy? This is something that many Nairalanders who don't go to church or mosque have said nah |
lilvicky68:It wasn't the one punch that killed him. It was because he hit his head against the concrete |
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