Flowerbud News

Month: November 2023

  • Court deletes laws denying tax debtor’s right of appeal

    Court deletes laws denying tax debtor’s right of appeal

     

    Abuja: A Federal High Court, Abuja, on Thursday, struck down some “offending provisions” which takes away the right of appeal of a tax debtor.

    Specifically, the affected provisions include the Tax Appeal Tribunal (Procedure) Rules ( 2021), the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions (2021) and the Federal High Court of Nigeria (Tax Appeals) Rules (2022).

    Justice James Omotosho, in a judgment, held that the provisions were unconstitutional as they constrained the constitutionally provided right of appeal.

    The News Agency of Nigeria (NAN) reports that the first provision voided by the court was Order III Rule (6) (a) of the Tax Appeal Tribunal (Procedure) Rules (2021).

    It prescribes that an aggrieved person, challenging the tax charged by the Federal Inland Revenue Service (FIRS) or any relevant tax authority, shall pay 50 per cent of the disputed amount into any account so designated by the Tax Appeals Tribunal before such appeal could be heard.
    The second provision affected was Order V Rule 3 of the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions (2021).
    It prescribes that where a person intends to challenge an assessment served on him or her, he or she shall pay half of the assessed amount into an interest yielding account of the Federal High Court, pending the determination of the application/ proceedings.
    The third provision was Order V Rule 1 of the Federal High Court of Nigeria (Tax Appeals) Rules (2022).
    It prescribes that where an appellant is appealing against the decision of the Tax Appeal Tribunal, the sum contained in the decision shall be deposited in an interest yielding account maintained by the Chief Registrar of the Federal High Court.
    NAN reports that a former President, Nigerian Bar Association (NBA), Joseph Daudu, SAN, had filed the suit marked: FHC/ABJ/CS/12/2022.
    Daudu, who argued, among others, that the provisions were unfair, unlawful and a violation of the right to appeal, sued the Minister of Finance, Budget and National Planning, who made the Tax Appeal Tribunal (Procedure) Rules (2021) as 1st respondent.
    The applicant also joined the Chief Judge of the Federal High Court, who made the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions (2021) and the Federal High Court of Nigeria (Tax Appeals) Rules (2022), and the Attorney General of the Federation (AGF) as 2nd and 3rd respondents in the case.
    Delivering the judgment, Justice Omotosho said: “Even though the 1st respondent (the minister) is empowered to make rules for the conduct of appeal, he is not expected to construct an embargo to the enjoyment of the right to appeal of any appellant.
    “The right to appeal is a constitutional right and the 1st respondent cannot take away such right through the making of a subsidiary legislation.
    “The law is trite that where any law or subsidiary legislation contravenes the provision of the Constitution, it shall be declared void to the extent of its inconsistency.
    “The said provisions being challenged by the applicant were made to favour the Federal Inland Revenue Service without any attempt to balance the interest of a tax debtor.
    “For a tax debtor, who is unable to afford to deposit the entire assessed sum of money, he is automatically deprived his right of appeal.”
    According to him, this court, as a court of justice, will ensure that justice is done to all parties regardless of their status.
    “This court by virtue of Section 6(6)(b) of the Constitution is empowered to determine issues between government and persons,” he said.
    The judge said that the court would not allow an unjust provision to cripple the constitutional rights of the applicant.
    “In final analysis, I therefore do not hesitate to strike down the offending provisions which in the opinion of this court substantially takes away the right of appeal of a tax debtor such as the applicant,” Justice Omotosho said.
    The judge, therefore, proceeded to declare the provisions of Order III Rule (6) (a) of the Tax Appeal Tribunal (Procedure) Rules, 2021 as “unconstitutional, null and void.
    He declared that the provisions is also contrary to the provisions of Section 36(1) and (2), Section 6(6) (a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the doctrine of separation of powers.”
    He also declared that the provisions of Order V Rule 3 of the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions, 2021 “is unconstitutional, null and void.
    He issued an order striking down (deleting) the provisions of Paragraph V Rule 3 of the Federal High Court (Federal inland Revenue Service) Practice Directions 2021, or any other similar provision therein, for being unconstitutional and in excess of the powers of the 2nd respondent (the Chief Judge of the Federal High Court) to issue practice directions.
    He also ordered the striking down (deleting) of the provisions of Order V Rule 1 of the Federal High Court of Nigeria (Tax Appeals) Rules 2022, for being unconstitutional and in excess of the powers of the 2nd respondent to issue practice directions and Rules of court.
    The judge thereafter ordered the striking down (deleting) of the provisions of Order IlI Rule 6 (a) of the Tax Appeal Tribunal (Procedure) Rules, 2021 for being unconstitutional, null and void and in excess of the powers of the 1st respondent (the Minister of Finance) to make Rules prescribing the procedure and conduct of appeals before the tribunal.(NAN)(www.nannews.ng)/ Flowerbudnews

  • APC chieftain urges NLC to “prioritize workers’ welfare over politics”

    APC chieftain urges NLC to “prioritize workers’ welfare over politics”

    By Flowerbudnews
    Enugu: The Deputy National Chairman South of the ruling All Progressives Congress (APC), Chief Emma Eneukwu, has appealed to the Nigerian Labour Congress (NLC) to reconsider its recent actions, which have raised concerns about the organization’s alignment with partisan politics.

    “This is at the expense of its primary mission – safeguarding the welfare of its members,” Eneukwu said in a statement in Enugu on Thursday.

    He acknowledged the NLC’s historical role as a champion for workers’ rights and interests.

    However, he expressed apprehension regarding recent activities that have disrupted movements across the nation, suggesting that the NLC may be straying from its core responsibilities as a labour union.

    According to him, it is imperative that the NLC maintains its fundamental role as a protector of workers’ rights and wellbeing.

     

    “Engaging in partisan politics under the guise of a labour movement distracts from the NLC’s genuine mission and, more importantly, may not be in the best interests of the nation,” he said.

     

    The APC deputy national chairman urged the NLC to refocus its energy and resources on issues of paramount importance, such as advocating for fair wages, workplace safety, and social security.

     

    “These are issues that profoundly impact the lives of the Nigerian workers that the NLC represents,” he said.

     

    Eneukwu also condemned the recent acts of blocking airports in the name of protests while campaigning for candidates in political parties.

     

    He noted that this is a double standard that could only lead to problems for the nation, emphasizing the importance of peaceful and equitable expression of grievances.

     

    “The APC remains open to collaboration with the NLC to address labour-related challenges and advance the collective welfare of Nigerian workers.

     

    “It is their belief that by adopting a non-partisan stance and refocusing on the welfare of its members, the NLC can more effectively serve its constituents and contribute to the overall development of the nation.

     

    “The call is clear: refocus on the welfare of its members and ensure that protests are conducted in a manner that upholds the values of democracy and justice.

     

    “The future direction of the NLC and its impact on the nation remain topics of significant interest and concern.”(Flowerbudnews)

  • Court rejects Apapa factional motion seeking to replace Imo LP candidate

    Court rejects Apapa factional motion seeking to replace Imo LP candidate

     

    Abuja: A Federal High Court, Abuja, has declined to grant a motion ex-parte brought by Alhaji Lamidi Apapa-led faction of the Labour Party (LP) to stop Athan Achonu as governorship candidate of the Saturday’s election in Imo.

    Justice Inyang Ekwo, in a short ruling, refused to grant the prayer of the plaintiffs for an order of interim injunction recognising their candidate, Chief Joseph Ukaegbu, as validly elected standard bearer of the party.

    The development followed an ex-parte motion moved by counsel to the plaintiffs, Mohammed Mohammed, SAN, to the effect.

    Rather, the judge directed Mohammed to put the Independent National Electoral Commission (INEC), which is the sole defendant, on notice.
    “I am going to allow you to adopt it (the motion) but I will not grant it.

    “I am not granting you the application today as you have to bring them to court.

    “Let it be that they have been served and they are not in court,” the judge said.

    According to Justice Ekwo, I have studied the prayers on the motion ex-parte and also studied the averments in support.

    “I am of the opinion that I need to hear from the defendant (INEC) before making further Order on the motion,” he said, adjourning the matter until Friday for INEC to show cause.

    The News Agency of Nigeria (NAN) reports that the plaintiffs include LP; Alhaji Apapa (Acting National Chairman); Alhaji Lawal Saleh (Acting National Secretary) and Comrade Abayomi Arabambi (National Publicity Secretary).

    Others are Comrade Anslem Eragbe (National Youth Leader); Barr. Akingbade Oyelekan (National Legal Adviser) and Chief Joseph Ikechukwu Ukaegbu (Gubernatorial candidate, Imo State) as 1st to 7th plaintiffs respectively.
    The plaintiffs, in the motion ex-parte marked: FHC/ABJ/CS/1357/2023, sued INEC as sole defendant.

    They had sought an order of interim injunction restraining INEC from “recognising any other person or persons laying claim to the LP gubernatorial ticket in Imo governorship election slated for 11th November, 2023 other than the plaintiff (Ukaegbu) who emerged from the primary conducted by the Alhaji Lamidi Apapa-led National Working Committee (NWC) of LP on April 16.

    They also sought an order of mandatory injunction directing or compelling INEC to recognise, upload and publish Ukaegbu’s name as LP governorship candidate in Imo, pending the hearing and determination of the motion on notice filed contemporaneously with this ex-parte application.

    They equally sought an order of mandatory injunction directing INEC to upload Apapa and Saleh’s names as the acting national chairman and acting national secretary, including other Apapa-led NWC members, pending the pending the hearing and determination of the motion on notice filed contemporaneously with this ex-parte application.(NAN)(www.nannews.ng)/Flowerbudnews

  • UNHCR, Al-Habibiyya to mobilise N500m to support 3m IDPs annually

    UNHCR, Al-Habibiyya to mobilise N500m to support 3m IDPs annually

    The United Nations High Commissioner for Refugees (UNHCR) and Al-Habibiyya Islamic Society have agreed to to mobilise N500 million annually, to improve the living conditions of three million Internally Displaced Persons (IDPs) in the country.

    The National Chief Imam of Al-Habibiyyah, Fuad Adeyemi, made this known while addressing newsmen at a ‘Donor Journey’ workshop organised for the members of Al-Habibiyyah by UNHCR, on Thursday in Abuja.

    Adeyemi explained that UNHCR introduced a programme to partner with private individuals and business owners to raise funds for the IDPs.

    According to him, Al-Habibiyyah Islamic Society is the first organisation in Nigeria to sign a Memorandum of Understanding (MoU) with UNHCR to mobilise funds for IDPs and refugees in June.

    Adeyemi said, ” So, in order to strengthen our efforts in mobilising funds, we organise this training with them to gain from their over 17 years experience of raising funds of this nature.

    ” UNHCR offered to train us to build our capacity on what we know how to do best so that we can do it better even after our agreement expired.”

    The cleric said the funds would be raised through Zakat (alms giving), government and other organisations that were willing to donate to support the IDPs.

    He said, ” It is not about religion this time around, it is about humanity and that is why we will reach out to big conglomerate, big organisations to support us.

    ” We are targeting like N500 million for this programme annually.”

    Earlier, Mr Shadi Ghrawi, Deputy Regional Manager, UNHCR, Private Sector Partnerships, Africa, said UNHCR was working with different partners to provide IDPs with humanitarian support they needed.

    He said, ” The partnership that we have with the Al-Habibiyya is a very unique one which is focusing raising funds to mobilise resources to provide the internally displaced persons with the immediate needs they need.

    ” We are meeting here today with the team that is coming from our partners, the Al-Habibiyya Islamic Society, who have actually signed an agreement with us to jointly raise funds to help people who have been internally displaced within Nigeria.

    ” And as part of this agreement we are actually establishing a common practices on how to deal with those who decides to donate to this joint initiative.” (NAN)(www.nannews.ng)

  • FG set to close financial gap

    FG set to close financial gap

    By Nana Musa

    The Federal Government says it will close the financial gap, build stronger climate commitments and tap into the potential of renewable energy, partnerships and collaboration.
    The Managing Director.  Bank of Industry (BOI), Dr Olasupo Olusi, made this known on Thursday in Abuja.
     Olusi spoke during the African Development Finance Institutions (AADFI) and the Association of Development Financing Institutions in Asia and the Pacific (ADFIAP) Joint international CEO forum.
    The News Agency of Nigeria (NAN) reports that theme of the event was “DFIs’ strategic role towards a climate smart future”.
    “ We are here today to consolidate our South-South engagements, engage in knowledge-sharing, strengthen our institutions and enhance our capacity to support inclusive growth and development in our respective jurisdictions.
    “ This year’s theme, premised on the need for a climate smart future is important given humanity’s increasing vulnerability to climate change.
    “ We live in a world where climatic events are claiming lives; disrupting food systems; limiting infrastructure and generally slowing down economic growth and development across member nations.
    “ Given the strategic role DFIs play in mobilising resources for national development, we are integralactors in the global response to the climate challenge,” he said.
    Olusi said that one of the primary drivers of BoI’s developmental strategy was to accelerate Nigeria’s development  by supporting environment-friendly and sustainable projects across the key sectors of the economy.
    “ We at BoI are committed to promoting this strategy to deliver on our mandate which is well aligned with l President Bola Tinubu’s Renewed Hope Agenda.
    “ It is globally recognised that there is an opportunity for climate change mitigation and adaption to become the main driver of economic growth,  and there is no better time for DFIs to become the vehicles for this change.
    “ The four ways through which DFIs can play a key role: Closing the financing gap, stronger climate commitments, tapping into the potential of renewable energy, partnerships and collaboration, are the important ways that we must work together to achieve our climate ambitions,” he said.
    The Chairman AADFI and CEO of Citizen Entrepreneurial Development Agency (CEDA) Botswana, Mr Thabo Thamane, commended all the partners for their efforts and support.
    He said that the biennial event was aimed at building global partnerships to promote and finance development.  and to strengthen South-South cooperation.
    “ It is no longer news that the world is facing the negative impact of climate change.
    “Human health and safety, food and water security, and sustainable socio-economic development are threatened globally.
    “ Reports predict that if strategic actions are not taken to combat climate change, the world economy will lose more than 18 per cent of its current GDP by 2048, and the least developed countries, particularly those in Africa, Asia-Pacific, and Latin America, will suffer the worst consequences.
    “ Africa, for instance, is estimated to lose five per cent to 15 per cent of its projected GDP by 2050, with a projected climate adaptation cost of 10 to 30 billion dollars annually by 2030.
    “At the same time, the Asia and ASEAN countries are projected to lose 26.5 per cent  and 37.4 per cent of their GDP by 2048 if immediate action is not taken to mitigate the effects of climate change,” Thamane said.
    According to him, the world is now in a climate emergency as highlighted in UNDP publications.
    “As we focus on addressing the challenges of climate change, we are also aware of the need for just transition,” the chairman said.
    Thamane said that the association of DFIs, the AADFI would continue to leverage partnership and collaboration in advancing the Paris Agreement.
     Thamane said that such cooperation would manifest in membership of the WFDFI by African countries.
    He said that it would also manifest relationship with colleagues in Asia and the Pacific, the African Financial Alliance on Climate Change(AFAC) and involvement in the Finance in Common Summit.
    It is a global coalition of over 500 Public Development Banks (PDBs).
    NAN
  • NUC approves programmes for Confluence University

    NUC approves programmes for Confluence University

    By Funmilayo Adeyemi

    The National Universities Commission (NUC) has formally granted approval for the establishment of eight science and technology education programmes to Confluence University of Science and Technology (CUSTECH), Osara.
    The new undergraduate programmes include Biology Education, Chemistry Education, Mathematics Education, Physics Education, Computer Science Education, Geography Education, Library and Information Science, and Technology Education among other programmes offered by the University.
    This is contained in a statement signed by the institution’s Registrar, Olufunke Hudson and made available to newsmen in Abuja on Thursday.
    Hudson said the programmes were to run in a dedicated academic unit, Faculty of Science and Technology Education.
    According to her, the faculty is provided with necessary resources, human and material, in line with set standards to train professional teachers for the secondary and technical schools in the state and the country in general.
    “The establishment of the programmes has become very important in view of the state government’s determination to improve on quality and access to all levels of education in the state with the recent creation of more tertiary and technical educational institutions.
    “Besides, secondary and technical institutions are the providers of the basic inputs into tertiary institutions and with the expansion of tertiary education in general, high-quality inputs into the institutions are in greater demand.
    “It is therefore a compelling necessity that the quality of secondary and technical education should be strengthened to enable them to perform the expected role in the education sector,” she said.
    Hudson added that with the establishment of eight more programmes, CUSTECH, Osara now has a total number of 38 programmes, available for the on-going 2023/2024 admissions.
    She listed the existing programmes as Science-Biology, Chemistry, Physics, Mathematics, Statistics, Microbiology, Biochemistry, Geology and Applied Geophysics.
    Others are Computing-Computer Science, Software Engineering, Cybersecurity, and Information Technology; and Engineering-Chemical, Civil, Electrical/Electronics, Mechanical, Computer and Mining Engineering.
    Environmental- Architecture, Building, Surveying, Geoinformatics, Urban and Regional Planning, Geography.
    Also on the list are Management and Social Sciences-Accounting, Business Administration, Economics, Human Resource Management, Transport and Logistics Management and Actuarial Science.
    She said all programmes are currently accessible on the Joint Admissions and Matriculation Board (JAMB) platform for interested candidates to select.
    “Candidates who are interested in any of the university’s programmes can effect change of their first-choice institution to Confluence University of Science and Technology, Osara,” she said.
    NAN
  • FG declares zero tolerance for abandoned projects

    FG declares zero tolerance for abandoned projects

    By Perpetua Onuegbu

    The Minister of Housing and Urban Development, Mr Ahmed Dangiwa says the Federal Government will no longer tolerate abandoned projects across the country.
    Dangiwa, who said this during the familiarisation visit of project sites awarded in 2019, constructed by the government and its agencies in Abuja on Thursday, said that unserious developers and contractors would be edged out.
    The News Agency of Nigeria (NAN) reports that the projects inspected were the 1,250 units Estate, Jibi, FCT and a condominium of 24 units of flats, comprising 1, 2 and 3 bedroom flats also in FCT.
    The minister said the attitude of developers abandoning project sites would no longer be tolerated and advised that every project site should be cleared of weeds.
    “As of the moment, what we are telling most of the contractors is that we will no more tolerate any abandoned projects, we intend to recoup the investment done by the government earlier on.
    “So all construction sites that have been abandoned, we are inviting all the developers to come and sit down with us and know the reason why they abandoned it.’’
    He said that developers or contractors who did not have the managerial or financial capacity would be edged out while the serious ones would be brought in for constructions to take off.
    Dangiwa said the aim was to ensure that Nigerians were better as there are millions of Nigerians that need the houses, adding, ‘’President Bola Tinubu is passionate about providing affordable houses for Nigerians.’’
    He added that the action was one of the renewed efforts to ensure that all Nigerians could be accommodated with an affordable housing, high earn housing or social housing.
    “We are here in Brains and Hammers Estate, funded by the Federal Mortgage Bank of Nigeria; I think it’s one of the biggest estates (1,250 units) they have ever funded.
    “The impression now is that the houses are almost fully completed and off-takers have been gotten, that is the most important thing and the houses look affordable to Nigerians since it has been taken by Nigerians.’’
    Dangiwa commended the Federal Mortgage Bank of Nigeria (FMBN) for upscaling its performance to ensure that it provided more of such affordable houses for Nigerians and that they were fully completed within time.
    Speaking on challenge of variation of prices of materials that had affected the delivery time of the houses, Dangiwa advised the developers to engage FMBN that might have given them loans on reasons for the delay.
    He gave an insight into the intention of government to house citizens of all categories of earning and said that the ministry would soon commence ground breaking for the renewed cities project.
    “We are already on the supplementary budget, so within the couple of weeks, we will start ground breaking of some of the houses we intend to construct.
    “We intend to construct six mega cities, Renewed Hope cities round the country, one in each geopolitical zone of the country and we intend to construct the Renewed Hope estates in the remaining 30 states of the federation.
    “So depending on the regulatory outlay will we commence that construction.’’
    Dangiwa added that Public-Private Partnership (PPP) with some of the developers who would provide funding would be engaged while the ministry would provide enabling environment for the project.
    According to him, we have already gone far with that, in FCT we are thinking about 10,000 housing units because the off-takers are already on ground both the high earners, middle and low income earners.
    Also, speaking at the inspection, the Managing Director, Federal Mortgage Bank of Nigeria (FMBN), Mr Madu Hamman, the project financier, said the first phase of the project (Brains and Hammers Estate) would be ready for off-take by December.
    According to Hamman, for the entire estate of 1250, the first phase of it which is 800 has been packaged while the delivery of the 450 units must be concluded as well.
    ‘’So the entire 1250 will be delivered; beyond that, we have the ministerial pilot housing scheme which is equally under the cluster 1 section,” he said.
    NAN
  • Court stops sale of Novare assets in Nigeria

    Court stops sale of Novare assets in Nigeria

     

    Abuja: A Federal Capital Territory (FCT) High Court has restrained a South African company, Novare and its subsidiaries, from selling off their assets in Nigeria.

    It will be recalled that Novare is the owners of retail malls, including Shoprite malls, in the country.

    Justice Peter Kekemeke gave the interim order following an ex-parte motion moved to the effect by counsel to the applicants, Darlington Ozurumba.

    Grand Towers Reality Ltd, Grand Towers Plc and Nze Chidi Duru, who were applicants in the suit marked: FCT/HC/0224/2017 with motion on number: M/13811/2023, are the Nigerian partners to Novare Investment (PTY) Ltd, owners of Shoprite.

    They had sued Novare Investment (PTY) Ltd, Novare Equity Partners (Proprietary Ltd), Novare Fund Management Ltd, Novare Africa Fund Plc and Mr Derick Roper as 1st to 5th defendants respectively.

    In the motion dated Oct. 3, the applicants prayed the court for an interim order restraining the defendants from selling, leasing, transfering of interests of the property or assets knowns as Novare Mall Lekki, Lagos State; Novare Mall, Sangotedo, Lagos; and Novare Gateway Mall, Lugbe District, Abuja.

    Others include Novare Mall, Apo, Abuja; Novare Central Mall, Wuse Zone 5, Abuja, and all other Novare Malls under construction in Nigeria, pending the hearing and determination of motion on notice.

    Justice Kekemeke consequently granted the order of interim injunction after Ozurumba moved the motion on Nov. 6.

    The certified true copy of the order was made available to newsmen on Wednesday in Abuja.

    The judge adjourned the matter until Feb. 13, 2024, for hearing of the motion on notice.

    The development is the latest in the lingering legal battle between the parties since 2017 following Novare’s plans to divest from Nigeria, citing supply chain disruptions and difficulty in the repatriation of funds.(Flowerbudnews

  • Governorship Election: Stay away from Kogi, Imo, Bayelsa, military warn troublemakers

    Governorship Election: Stay away from Kogi, Imo, Bayelsa, military warn troublemakers

    By Sumaila Ogbaje

    The Defence Headquarters has warned troublemakers to “stay away from the
    Nov. 11 governorship elections in Kogi, Imo and Bayelsa or face injurious consequences from the military.”

    The Director, Defence Media Operations, Maj.-Gen. Edward Buba, gave the warning while briefing newsmen on the operations
    of the armed forces on Thursday in Abuja.

    Buba said the military is aware of plans by some individuals to dress in military uniform to disrupt the electoral processes in the three states on Saturday.

    He said that “for the off season elections in Bayelsa, Imo and Kogi states this weekend, here is a message for those who planned to disrupt the process.

    “We are aware of your plans to dress in military gear to misled the public. Be assured of injurious consequences should you proceed with those plans.

    “We will not allow our image to be dragged to the mud. You’re warned.”

    The director said the military is determined to give the elections the seriousness it deserved, adding that troops and platforms were being moved to
    locations to reinforce security already in place in those states.

    He said security agencies are ready to identify and differentiate between real soldiers and the fake ones.

    Buba explained that troops had continued to exert pressure on groups that sought to derail any progress toward peace and security in the country.

    According to him, it is for these reason the military is inflicting severe damage on terrorists, insurgents and violent extremists through operations across the country.

    He added that “accordingly, we are targeting their leadership, infrastructure and foot soldiers.

    “The coordination between air and ground forces is like never seen before and yielding amazing results.

    “We are expecting new platforms that would further enhance our capabilities to further root out terrorists and destroy their military
    capabilities.”

    NAN