A Federal High Court sitting in Kano, yesterday, dismissed a suit challenging the tenure of Mr. Babatunde Fowler as Executive Chairman of the Federal Inland Revenue Service.

The court, presided over by Justice Lewis Allagoa, struck out the suit when it upheld the preliminary objection filed by Fowler’s counsellor and Senior Advocate of Nigeria, Paul Erokoro, stating that Stanley Okwara, the plaintiff, had no locus standi to file the suit.


Justice Allagoa came to the conclusion after an hour-long review of all the legal authorities cited by Erekoro, T.A Ghazalli, counsel to the Attorney-General of the Federation, who is the second defendant; and JohnMary C. Jideobi, the plaintiff’s counsel.

He said he could not see how the rights of the plaintiff were affected by the non-appointment of the Executive Chairman, FIRS after August 15.

He agreed with Fowler’s counsel that the plaintiff had no cause of action and that it was fatal to his suit that he didn’t file a pre-action notice to the court, as required by the Federal Inland Revenue Establishment Act (FIRSEA) 2007.


“I agree with the first defendant that the plaintiff ought to have served the defendant with a pre-action notice. Learned SAN asked the court to strike out the suit. I so hold,” Allagoa said.

The judge also upheld Erokoro’s submission that the suit should be struck out as there was no “justiciable cause of action”.

Ike Odume, FIRS Director of Legal Services, saluted the court, saying: “My Lord, we thank you for being forthright in this matter. Thank you for doing justice. It cannot be less. I have been following this court from Enugu. I know you will always do justice. Thank you.


“My Lord, we will be asking for costs. We have come all the way from Abuja three times because of this matter. We will be asking for costs,” said Odume.

Justice Allagoa, however, overruled Odume.

“Don’t kill a fly with a sledgehammer. Parties should bear their costs,” he held.

The counsel to Okwara, Jideobi, was represented in court by Barrister A. Issa.


About a fortnight ago, Fowler’s counsel, Erokoro, supported by Odume and counsel to the Attorney-General of the Federation, Ghazalli, in a preliminary objection, asked the court to strike out Okwara’s suit

Erokoro and Ghazalli told the court that Okwara had no locus standi to file the suit in the first place and that the suit should be struck out as the court had no jurisdiction to entertain it. Both maintained that the proper place for the suit is the National Industrial Court.


But Okwara told the court that as a legal practitioner, he had a fundamental human right to file the suit and he had a duty under the Legal Privileges Act to uphold the Rule of Law.

The plaintiff had asked the court, in the suit (No. FHC/KN/CS/141/2019) to order Fowler to vacate his office, which, he claimed, had expired on August 18, 2019.

Okwara claimed that Fowler was appointed on the 20 August 2015 and that his tenure had expired as FIRS Chairman after 20 August 2019.


Citing the provisions of Sections 3(2) (a), Section 4(a) and Section 11 (a)” of the FIRS Establishment Act 2007 and the decision of the Supreme Court in Ogbuinyinya & Ors. vs. Obi Okudo & Ors. (1979) All N.L.R. 105, Okwara claimed Fowler has no business to continue to hold office.

He also asked the court for an order directing Fowler to refund to the Treasury Single Account of the Federation all the salaries, emoluments and other monetary benefits he has been drawing on the purse of the FIRS and file an affidavit of compliance within 14 days after the delivery of judgment in the suit.


But in a notice of preliminary objection dated 30 September and filed the same day, Erokoro noted that the Okwara has not disclosed a special interest.

Given Okwara’s failure to establish his locus standi to commence the suit and for failing to abide by Section 55 of the FIRS Establishment Act by filing a pre-action notice on the FIRS Chairman, for failing to present any reasonable caucause of action, Erokoro asked the court to strike out the suit.


Citing Senator Abraham Adesanya Vs the President of Nigeria, (1986) 5 SC 112, Erokoro said the Okwara need to have actual and real interest in the suit before he can sue.

https://www.google.com/amp/s/punchng.com/firs-court-dismisses-suit-challenging-fowlers-tenure/amp/

The way and manner in which all this grey hair men drag their oil well (position)...........you will be forced to conclude that there is no remedy to this structure called Nigeria.

But we still believe..... That one day things will be right!

God organise this country........ Is a plea!

Wailers.. Ntor

He no go anywhere

The fulaniman who said he's eyeing FIRS won't rest until he occupies that position. They are so stubborn. If he had his way, he would run the whole office down in less than one year.

Good judgement by the court of law.

DaudaAbu:
He no go anywhere

Sam sam.....

helinues:
Wailers.. Ntor

Haba patriot,
It's too early to give them migraine nah!

Anyways, Wailers Ntor....oooooo.....

Wantedmiller:
The way and manner in which all this grey hair men drag their oil well (position)...........you will be forced to conclude that there is no remedy to this structure called Nigeria.

But we still believe..... That one day things will be right!

God organise this country........ Is a plea!

The problem with most men is that you always think you have time, and pushing it on God to do something he has given you a brain to do, is a clear sign of a person not ready to do a thing.

With your mentality, Nigeria will never be right in the next 30 years.

You can only make yourself right, God won't do that for you. Go out there and get what you want

Is well

Lobatan

Mamman Daura wont like this

Tinubu's Boys are ready to take any uneducated cabal to court, they aint scared of shiit

..

Hausa fe take over ni.

Wantedmiller:
The way and manner in which all this grey hair men drag their oil well (position)...........you will be forced to conclude that there is no remedy to this structure called Nigeria.

But we still believe..... That one day things will be right!

God organise this country........ Is a plea!

Nigeria is the most organised country in the world. Our people are the problem. Revolution would solve the problem and it would happen someday .

Wailing continues

Fowler fouled FIRS code ofservice! (Rhymes)

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Blinkers:




The problem with most men is that you always think you have time, and pushing it on God to do something he has given you a brain to do, is a clear sign of a person not ready to do a thing.

With your mentality, Nigeria will never be right in the next 30 years.

You can only make yourself right, God won't do that for you. Go out there and get what you want

In a situation where you get it right always and next five people behind you....... Never did!

Do you think everything will fall in place?

FIRS is one of the most coded agency in Nigeria. One scarcely hears of openings or the likes from them.

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Stanley Okwara

They always use an Nyamiri idiot for all their dirty jobs. Remember the other Nyamiri fool who sued Tanko and was landed a fine of 10M?

Truth be told this guy suppose do chop belleful

Make him give another person chance

naija

fairfora:
The fulaniman who said he's eyeing FIRS won't rest until he occupies that position. They are so stubborn. If he had his way, he would run the whole office down in less than one year.

But why do they always use an Igbo man for their dirty job? Remember they also used an Igbo man to remove onoghen.

Nyamiri:
Stanley Okwara

They always use an Nyamiri idiot for all their dirty jobs. Remember the other Nyamiri fool who sued Tanko and was landed a fine of 10M?

You remember the one they used to remove onoghen?

Dem wan put another abok-i there abi.

yeye pipus.