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VAT Dispute: Appeal Court Orders All Parties To Maintain Status Quo

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The Appeal Court sitting in Abuja has ordered all parties to maintain the status quo and refrain from taking action that would give effect to the judgement of a Federal High Court in Port Harcourt that allowed the Rivers State government to collect Value Added Tax (VAT), pending the hearing and determination of the instant suit.

A three-man panel of the appellate court led by Justice Haruna Tsammani gave the order on Friday while ruling on an appeal filed by the Federal Internal Revenue Service (FIRS).

The order of the appellate court is the latest development in the series of legal tussles over whose responsibility it is to collect VAT.

Although the FIRS has taken up the responsibility over the years, the Rivers State government tested the legality recently, and it was worth the move.

On August 19, Governor Nyesom Wike assented to the Valued Added Tax Law, 2021 along with four others following their passage by the Rivers State House of Assembly.

His action was sequel to the judgement delivered by Justice Stephen Pam of the Federal High Court in the state capital who held that states should collect VAT, and not the Federal Government.

Displeased with the decision of the court, the FIRS filed a motion on notice to apply for a stay of execution on the earlier judgement delivered by Justice Pam.

But the court said refused the application, saying the federal agency failed to file an application to set aside the tax law recently enacted by the Rivers State House of Assembly.

Justice Pam, therefore, stated that the state law on VAT was valid and subsisting.

The FIRS later approached the Court of Appeal in Abuja with a civil motion seeking a stay of the execution of the judgement earlier granted by the court in Rivers pending the determination of the case.

As the legal battle continues, the action of the Rivers State government received the support of some states, especially Lagos.

The appellate court, in its ruling, held that the motion of joinder by the Lagos State government be heard and gave the applicants two days to file their written addresses.

Similarly, the respondents have been given two days to file their response, while the applicants were given a day to reply on the point of law.

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Judiciary

Court Disqualifies Uzodimma as APC Imo West Senatorial Candidate, Declares Okorocha Primary Winner

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Imo State Governor, Hope Uzodimma
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The Federal High Court in Abuja has disqualified Imo State Governor, Hope Uzodimma, from presenting himself as the All Progressives Congress (APC) candidate for the Imo West Senatorial District in the 2027 general elections, declaring former governor Rochas Okorocha the winner of the party’s May 18 primary election.

Justice Obiora Egwuatu, in his judgment delivered on Thursday, held that the evidence before the court established that Okorocha secured the majority of votes cast during the primary election conducted by the APC and monitored by the Independent National Electoral Commission (INEC).

Consequently, the court ordered Uzodimma to immediately cease presenting himself as the APC’s senatorial candidate for Imo West. It also directed the party to submit Okorocha’s name to INEC as its duly nominated candidate for the January 16, 2027 senatorial election.

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Judiciary

Wiretapping Allegation: Court Orders El-Rufai to Enter Defence

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Former Kaduna State Governor,Nasir El -Rufai
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The Federal High Court in Abuja has dismissed a no-case submission by former Kaduna State Governor, Nasir El-Rufai, and ordered him to enter his defence, if he so wishes, in his ongoing trial over the alleged unlawful interception of telephone communications belonging to National Security Adviser (NSA), Nuhu Ribadu.

Justice Joyce Abdulmalik gave the order on Monday while ruling on El-Rufai’s no-case submission, holding that the prosecution had presented sufficient evidence to warrant calling on the defendant to respond to the allegations.

The dismissal of the no-case submission means the court has found sufficient grounds for El-Rufai to be called upon to present his defence, although it does not amount to a determination of his guilt.

The judge subsequently adjourned the case until November 25 for the defence proceedings.

El-Rufai is standing trial over allegations of unlawfully intercepting Ribadu’s telephone communications, charges he is entitled to defend himself against as the case proceeds.

 

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Judiciary

Imo Court Targets January 2027 for Trial of Five Suspected Kidnappers

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An Imo State High Court sitting in Owerri has called for an accelerated hearing of cases involving five suspected kidnappers, directing prosecution and defence counsel to cooperate with the court to ensure judgments are delivered before January 2027.

The presiding judge, Justice Emeka Orafu, made the appeal during proceedings involving three defendants accused of abducting prospective members of the National Youth Service Corps (NYSC) and two others facing charges in a separate kidnapping case.

At the hearing, a Department of State Services (DSS) investigative officer, Ikem Emmanuel, testified on the investigation that led to the arrest of the three defendants in the NYSC-related case.

Emmanuel told the court that the investigation involved intelligence gathering, phone data analysis, record checks, interviews and statements obtained from the defendants, victims and witnesses.

He further disclosed that an identification parade was conducted, during which victims and witnesses allegedly identified the defendants as members of the criminal gang.

The DSS officer also told the court that one of the defendants, Usman Aliyu, admitted in his statement to participating in the operation and allegedly revealed that 11 persons were involved.

According to the witness, the defendants’ statements were obtained in the presence of their legal representatives and DSS legal officers.

In a separate proceeding involving two other defendants, Emmanuel also testified on the investigation, stating that their statements were equally taken in the presence of their lawyers and DSS legal officers.

Following the proceedings, Justice Orafu adjourned the cases to October 27, 28, 29 and 30 for continuation of hearings.

The judge reiterated the need for all counsel to work closely with the court to ensure the cases are determined expeditiously, with judgments delivered before January 2027.

The five defendants are to remain in DSS custody pending the continuation of proceedings.

The cases followed the abduction of 20 prospective corps members by gunmen on October 1, 2026, near Umunoha in Mbaitoli Local Government Area of Imo State.

The victims were reportedly travelling from Ibadan, Oyo State, to their assigned NYSC orientation camps in Abia and Akwa Ibom states when they were abducted.

They and a civilian were rescued six days later from the Amakohia-Ubi forest in Owerri West Local Government Area.

The DSS subsequently arrested five suspects in intelligence-led operations conducted between October 10 and 14 in Port Harcourt, Rivers State, and Aba, Abia State.

The court proceedings are expected to continue later this month as the prosecution presents its evidence in the cases.

 

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