Tag: Court

 

A Federal High Court in Abuja on Wednesday, admitted former acting Accountant-General of the Federation (AGF), Anamekwe Nnabuoku, to a N500 million bail with two sureties in the like sum over allegations bordering on N1.96 billion fraud.

Justice James Omotosho, in a ruling on Nnabuoku’s bail application moved by his lawyer, Isidore Udenko, ordered that the sureties must be owners of landed property within Abuja and shall depose to affidavit of means.

Justice Omotosho held that that the value of the property should not be less than N250 million each.

He ordered that the sureties shall submit their bank statements and tax clearance for three years which shall be verified by the court registrar.

The judge adjourned the matter until Jan. 31 for trial.

Earlier, Nwabuoku pleaded not guilty to a nine-count amended charge preferred against him by the Economic and Financial Crimes Commission (EFCC) after the commission’s lawyer, Martha Babatunde, sought the leave of court for the charge to be read to him.

The News Agency of Nigeria (NAN) reports that the EFCC had, in the charge marked: FHC/ABJ/CR/240/2024, listed Nnabuoku as sole defendant.

In count one of the charge filed on Nov. 27, 2024, by Ekele Iheanacho, SAN, the EFCC alleged that Nnabuoku, alongside Temeeo Synergy Concept Limited (at large), Turge Global Investment Limited (at large), Laptev Bridge Limited, Arafura Transnational Afro Limited (at large) and other persons (all at large) conspired to convert funds which are proceeds of unlawful activities.

The anti-graft agency said the offence was contrary to Section 18 of the Money Laundering Prohibition Act, 2011 as (amended by Act No. 1 of 2012) and punishable under Section 15(3) of the same Act.

NAN reports that Nnabuoku and his co-defendant, Felix Nweke, in the earlier charge, had, on Oct. 14, 2024, opted for a plea bargain agreement with the EFCC.
Lawyer who appeared for EFCC, Ogechi Ujam, informed Justice Omotosho upon resumed hearing in the matter.
Ujam had told the court that on the last adjourned date, Nnabuoku and Nweke had submitted proposal for settlement.
She said the parties, in the 11-count charge, had agreed and that the agreement was submitted to the EFCC’s Chairman, Ola Olukoyede, for approval.
However, when the matter was called on Wednesday, Babatunde, who represented the anti-graft agency, informed the court that an amended charge had been filed by the agency.
In the charge, only Nnabuoku was listed as defendant while Nweke’s name had been dropped.
Although upon resumed hearing, Nnabuoku and Nweke stepped into the dock, no lawyer appeared for the latter.
Justice Omotosho then asked about his lawyer and Nweke said he called his lawyer on phone and he was expecting him to be in court.
The anti-graft lawyer then told the court that the commission had filed an amended charge.
She prayed the court to allow the charge to be read to Nnabuoku and it was not opposed by Udenko, who was counsel to him.
Nweke then stepped out of the court and the nine counts were read to Nnabuoku, who pleaded not guilty to the charge.
His lawyer then moved his bail application which was vehemently opposed by Babatunde.
Babatunde objected to Nnabuoku’s bail plea orally on the ground of the weighty nature of the offence.
She said the defendant might jump bail and refuse to stand his trial.
She urged the court to take judicial notice of her submission if the court was minded to grant him bail.
NAN, however, gathered that Nweke, who was earlier listed as co-defendant, had agreed to serve as prosecution witness in the charge against Nnabuoku, after he had fully refunded the money he allegedly laundered.
Nwabuoku and Nweke, a former Deputy Director in the Ministry of Defence, were earlier being prosecuted for the alleged money laundering offences.
While Nwabuoku was the 1st defendant in the charge marked: FHC/ABJ/CR/240/24 dated May 20, 2024, and filed May 27, 2024, by Iheanacho, Nweke was the 2nd defendant.
They were alleged to have perpetrated the act while Nwabuoku served as the Director of Finance and Accounts in the Ministry of Defence between 2019 and 2021.
Nwabuoku was appointed acting AGF on May 20, 2022 under ex-President Muhammadu Buhari after Ahmed Idris was suspended as AGF over alleged N80 billion fraud.
He was, however, removed in July 2022, few weeks after assumed office.
Sylva Okolieaboh, a Director at the Treasury Single Account (TSA) Department, replaced Nwabuoku as acting AGF.

Okolieaboh’s appointment followed after report that Nwabuoku was under the radar of EFCC over corruption allegations.
NAN had, on July 10, 2024, reported that the ex-AGF and his co-defendants begged the court to give them more time to conclude the refund of the public funds allegedly siphoned.
They prayed the judge to halt their arraignment until another date to perfect the refund.

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A coalition of civil society organisations has urged the Supreme Court to review its judgment in a multi-million dollars contractual dispute between an indigenous company, Owigs and Obigs Nig. Ltd and Zenith Bank Plc.

The groups; Empowerment for Unemployed Youths Initiative, Independent Public Service Accountability Watch, among others, made the call on Wednesday while addressing newsmen in Abuja.

Convener of the groups, Stephen Ebira, faulted the judgment of the apex court on the grounds that it was marred by misrepresentation of facts contrary to the evidence before the court.

He described the judgment in the appeal number: SC.709/2020 which was delivered on May 24, 2024, as surprising.

He alleged that the said judgment sought to be reviewed which was in favour of Zenith Bank amounted to miscarriage of justice as the wrongdoer was declared innocent and rewarded, while the victim was held liable.

While stating that the Supreme Court should be a place of hope for the hopeless, Ebira alleged that the judgment casts doubt on the presumed integrity of the apex court.
“It raised a red flag for investors and tarnished the surviving fragment of the nation’s reputation before the international communities, and should be quickly reviewed,” he said.
He said the legal action in question involved a breach of an international commercial contract for the export of solid minerals on a 100 per cent credit basis, with letter of credit confirmation by the confirming bank as required by the fundamental credit term of the contract.

 

Prof. Cyril Ndifon, the suspended Dean, Faculty of Law, University of Calabar (UNICAL) on Tuesday, alleged that pictures extracted from his phone, in the alleged sexual harassment offence, were edited.

Ndifon told Justice James Omotosho of a Federal High Court in Abuja that the pictures alleged to have been extracted from his phone by the the Independent Corrupt Practices and Other Related Offences Commission (ICPC) were edited.

The suspended lecturer stated this while being led in evidence as 1st defence witness (DW-1) by his lawyer, Joe Agi, SAN.

He said in the pictures, he did not see his face nor that of the prosecution star witness, identified as TKJ.

“I did not send any nude photographs neither did I solicit for any.
“This (Oppo phone) is not the phone I used to chat with her (alleged rape victim).

“She has another number which she used to chat with me,” he said.
He said ICPC admitted in the open court that they did not ask for the girl’s phone to verify the pictures.

When asked about “Exhibit H” which contained pictures and chats allegedly exchanged between him and the alleged rape victim, he said: “All these pictures are not from my phone.

“Looking at it, slide 661 shows that this document has been edited.
“I haven’t gone through the whole document so I don’t know which other part was edited.

“I watched the video slide, but I didn’t see my face or TKJ’s (name of the girl withheld).

“The ICPC didn’t invite me to where they were doing the extraction and I haven’t been told about who told ICPC about the complain.”

Ndifon told the court that TKJ, who is now a student of the Faculty of Law in UNICAL, made her statement to ICPC on Nov. 9, 2023 and Nov 10, 2023 after he was already charged to court on Oct. 30, 2023.

He alleged that TKJ was admitted as a student after testifying against him, despite not being qualified.

The suspended lecturer said she was listed as number one, on the notice for those who wrote supplementary exams for Faculty of Law.

Ndifon expressed shock that the prosecution witness (PW) came to testify as he was not even in the position to assist her, being that he was no longer in the Faculty of Law at the time of the allegation.

“The allegation against me occurred when I was no longer in the Faculty of Law, so she cannot say I had asked for oral sex or any other advances.

“I’m totally shocked she came to testify, because nothing like that happened,” he insisted.
The suspended dean said he neither sent nor requested for explicit photographs from anyone.

He accepted knowing TKJ through her uncle in the UK, who informed him that she allegedly paid someone in the Vice Chancellor’s office the sum of N100,000 to help her secure admission into the Faculty of Law in the University, but the person failed.
According to Ndifon, her uncle then asked me to help recover the money since admission had closed but I felt insulted and refused to respond, having scored 102 in her JAMB exam.
The embattled professor told the court that TKJ reached out to him later and told him that she had enrolled for the Diploma programme and he advised her to study hard in order to gain admission through direct entry into the Faculty of Law.
Ndifon, who said he has three phones, said the iPhone was his main line, and not the Oppo phone where the photographs and images were found.
He said he used to chat with the star witness, using his main line.
Ndifon was cross examined by ICPC’s counsel, Osuobeni Akponimisingha, before Justice Omotosho adjourned proceedings until Feb. 12 and Feb. 13 for continuation of trial.
The News Agency of Nigeria (NAN) reports that the ICPC had, on Jan. 25, 2024, re-arraigned Ndifon alongside his lawyer, Sunny Anyanwu, on four counts bordering on alleged sexual harassment and attempt to perverse the cause of justice.
The commission had alleged that Ndifon, while being the Dean of the Faculty Law, UNICAL, requested a female Diploma student, identified as TKJ, to send him her “pornographic, indecent and obscene photographs of herself” through Whatsapp chats.

Anyanwu, who is one of the lawyers in the defence, was joined in the amended charge filed on Jan. 22, 2024, by the ICPC on allegation that he called one of the prosecution witnesses on her mobile telephone during the pendency of the charge against Ndifon to threaten her.
They, however, pleaded not guilty to the charge.

 

 

Prof. Cyril Ndifon, the suspended Dean, Faculty of Law, University of Calabar (UNICAL) on Monday, opened his defence in the alleged sexual harassment case.

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) charged the lecturer with four counts bordering on alleged sexual harassment and attempt to perverse the cause of justice.

Ndifon, while being led in evidence as first defence witness (DW-1) by his lawyer, Joe Agi, SAN, told Justice James Omotosho of a Federal High Court, Abuja that he was earlier exonerated from the allegations by the former Inspector-General of Police (IGP), Solomon Arase, and ex-Attorney-General of the Federation (AGF), Abubakar Malami.

He said the duo reviewed his case and said he had “no case to answer.”

The News Agency of Nigeria (NAN) reports that the ICPC had, on Jan. 25, 2024, re-arraigned Ndifon alongside his lawyer, Sunny Anyanwu.

The commission had alleged that Ndifon, while being the Dean of the Faculty Law, UNICAL, requested a female Diploma student to send him her “pornographic, indecent and obscene photographs of herself” through Whatsapp chats.
Anyanwu, who is one of the lawyers in the defence, was joined in the amended charge filed on Jan. 22, 2024, by the ICPC on allegation that he called one of the prosecution witnesses on her mobile telephone during the pendency of the charge against Ndifon to threaten her.
They, however, pleaded not guilty to the charge.
The duo were denied bail twice, to enable the star witness, allegedly threatened by Anyanwu, give her evidence.
Justice Omotosho had, on Feb. 9, 2024, granted Prof. Ndifon and Anyanwu N250 million and N50 million bail respectively with two sureties in like sum.
The judge also dismissed the no-case submission filed by the duo and adjourned to allow the defendants to open their defence.
At Monday’s proceedings, Ndifon informed the court that he used to be the dean until Aug. 14, 2023, when he was accused by the ICPC of sexual harassment and abuse of office, leading to his suspension by the university.
He said officers of the ICPC and the Department of State Services (DSS) arrested him in his residence in Calabar on Oct. 4, 2023, over alleged violation of ICPC Act in respect of an incident in 2015.
“A student alleged I raped her twice, using a condom, and the matter was reported to the police.
“The case was moved from the 8th Division of the police in Calabar to the state headquarters, but at both levels, I was exonerated.
“The Nigerian feminist group appealed to the then, IGP Solomon Arase, to look into the matter and he ordered it be moved to Abuja with me inclusive.
“The matter was transferred to Force Headquarters, Abuja and it restarted.
“When he couldn’t find anything, he advised that the matter should be sent to the AGF to review what had been done.
“The AGF then reviewed and had said I had no case to answer, but since the offence is a state offence, it should be sent to the AGF of Cross River state.
“The Cross River State A-G, after the review, reached a conclusion that I had no case to answer before sending it back to the police who wrote to the UNICAL, on 4th August 2016 and copied me, as it was necessary to inform them,” he said.
He identified the police report when his counsel, Agi, moved to tender it before the court.
ICPC’s lawyer, Osuobeni Akponimisingha, objected to the document but reserved his objection to till his final address.
The court proceeded to admit the report as Exhibit DWA.
Ndifon also informed the court about a suit he filed at the Federal High Court, Calabar, challenging his arrest and prosecution on the same offence.
He said the then ICPC Chairman, Ekpo Nta, had vowed to prosecute him for rape, while speaking during a colloquium, reported by a newspaper, prompting him to drag the commission to court.
According to him, the court said they cannot stop a federal agency form investigation, but further informed the court that the case is still pending at the Court of Appeal.
Agi tendered the record of the court proceedings and it was admitted as as Exhibit DWB though ICPC’s counsel objected to its tendering.
Ndifon accused one of the prosecution team, Adekunle Sogunle, who was also part of his initial investigators, of having a personal interest in his case.
“I met him during initial investigation. He is the head of Legal Unit. I am aware he did not attend University of Calabar. He attended UNIJOS, he is not a politician, he has not made any donation to UNICAL,” the professor said.
“He was the one who signed the first charge that brought me to court. However, interestingly, he was given an award by the university,” he said.
He informed the court that he misplaced the original copy of the dinner award programme with the picture of Mr. Sogunle, but identified the photocopy.
He also informed the court that the students of his faculty welcomed him when he returned to the university after his initial accusation, providing picture evidence and a certificate of compliance for the picture.
He said he had contested for the position of Dean twice and won.
Justice Omotosho admitted the photocopy of the dinner award and the pictures as Exhibits DWC and DWD respectively while the certificate of compliance was marked as Exhibit DWD6, despite an objection by the prosecution counsel.
He also said the then acting Dean had, in 2018, accused him of robbery and threat to life, alleging that he came to her house to rob her.
The professor said he was Invited to the police station on June 12, 2018, and tendered the invitation before the court.
The judge admitted the document as Exhibit DWE while the prosecution counsel did not object to its admission.
When asked if the ICPC was under the AGF, he answered in the affirmative, saying he informed them of the letter exonerating him, but they said it did not matter.
Justice Omotosho adjourned the matter until Jan. 14 for continuation of defence.

 

A Federal High Court in Abuja on Tuesday, ordered the release of Bashir Hadejia, an aide to the Minister of State for Defence, Bello Matawalle, while he was Governor of Zamfara, unconditionally.

Justice Emeka Nwite, in a judgment, described Hadejia’s arrest and subsequent detention since Aug. 12, 2024, without being charged to court, as unlawful and in breach of his fundamental human rights as enshrined in the constitution.

Justice Nwite, who made an order of perpetual injunction restraining the Inspector-General (I-G) of Police, his agents or servants, from any unlawful arrest and detention of Hadejia, awarded N10 million as general and exemplary damages against the I-G.

The judge declared the invasion of the applicant’s residence by the agents of the police on Aug. 12, 2024, as illegal, unconstitutional, null and void.
He held that the act was a flagrant violation of Hadejia’s fundamental rights as guaranteed under Sections 34, 35, 36 (5), 37 and 41 of the 1999 Constitution (as amended).
The News Agency of Nigeria (NAN) reports that Hadejia was allegedly arrested on Aug. 12, 2024 at his residence in Abuja over allegations bordering on “treason and subversion against the state.”
However, in the originating motion marked: FHC/ABJ/CS/1235/2024, filed by Mahmud Magaji, SAN, on Hadejia’s behalf, the lawyer sued the Inspector-General (I-G) of Police and Bello Matawalle (Minister of State for Defence) as 1st and 2nd respondents.
Also joined in the suit dated and filed on Aug. 22, 2024, were State Security Service (SSS); Chief of Naval Staff; Chief of Defence Intelligence, Defence Intelligence Agency (DIA); and Chief of Defence Staff (CDS) as 3rd to 6th respondents respectively.
The senior lawyer sought nine reliefs including “a declaration that the abduction, harassment, intimidation, unlawful arrest and detention of the applicant (BASHIR HADEJIA) by the agents of the respondents on 12th of August, 2024, based on the political disagreement between the applicant and the 2nd respondent (Matawalle) is illegal, unconstitutional, null and void.”
He sought an order enforcing Hadejia’s fundamental rights to liberty by directing his unconditional release pending the determination of any allegations that may be raised against him by the respondents.
He equally sought an order awarding the sum of N500 million as general and exemplary damages against the respondents.
In the affidavit deposed to by Abubakar Hadejia, a younger brother of the detainee, he averred that the applicant is a businessman and former Special Adviser on Special Duties to Matawalle while he was governor of Zamfara.
According to him, the applicant is also a Technical Adviser to the incumbent governor of Zamfara State.
He alleged that the residence was invaded without search warrant and the agents of the I-G who came for the search did not enter any inventory with respect to what was allegedly found in the house.
Abubakar said when they visited the Intelligence Respond Team, Force Intelligence Department (IRT-FID) on Aug. 16, 2024, they were told that though Hadejia was in their custody, he was not a subject of any investigation.
He said, through their lawyer, they applied for his administrative bail but was denied.
“I know as a fact that: there exists a political disagreement between the applicant and 2nd respondent (Matawalle) who was the Governor of Zamfara State between 2019 and 2023,” he alleged.
He said within the period, Matawalle appointed Hadejia as Special Adviser on Special Duties but that after he lost the bid to return to the seat of the governor in 2023, Matawalle became angry with his elder brother.
He said the feud between them worsened when Hadejia was appointed as Technical Adviser by the incumbent Governor of Zamfara, Dauda Lawal.
He alleged that Hadejia’s entire detention was a political witch-hunt orchestrated by Matawalle in connivance with the 1st, 3rd, 4th, 5th and 6th respondents to tarnish his image and lower his estimation in the eyes of his political and business associates.
However, in separate counter affidavits Matawalle, the SSS, Chief of Naval Staff, DIA and CDS, denied the allegations describing it as baseless.
They urged the court to dismissed the suit as Hadejia had not placed sufficient evidence before the court to prove his allegations.
Although the 2nd to 6th respondents filed counter affidavits, the 1st respondent (I-G) did not.
Delivering the judgment, Justice Omotosho agreed with the arguement of Matawalle that Hadejia had failed to prove all the allegations against him.
He held that sufficient and credible facts must be placed before the court for the applicant to prove his case and where the applicant failed, the court would refused the application.
According to him, where the applicant placed sufficient evidence before the court, it is there the burden of proof will shift on the respondents.
The judge noted that Hadejia alleged that the 1st, 3rd, 4th, 5th and 6th respondents were acting on the instructions of the 2nd respondent (Matawalle).
Justice Nwite, however, held that there was absolutely no concrete evidence to show that Matawalle was responsible for Hadejia’s predicament and that it was as a result of political disagreement.
Besides, the judge said the applicant failed to show the court that he was ever kept in the custody of the SSS.
“The applicant has woefully failed to prove that his right was denied,” he said.
He said a court can not decide issues on speculation but on facts.
“Courts of law are courts of facts and law and finding should be based on credible evidence,” he said.
He dismissed all the allegations against the 2nd, 3rd, 4th, 5th and 6th respondents.
However, Justice Nwite observed that Hadejia’s affidavit evidence against the I-G (1st respondent) were unchallenged.
He said it is not in dispute that no court has the power to stop the power of security agencies in discharging their power to investigate or prosecute, but where the averments made by an applicant were uncontroverted, they are deemed to be true.
“It is worthy of note that the 1st respondent did not filed any process despite being served with the hearing notices and all the court documents,” he said.
The judge, who declared that the continued detention of Hadejia was unlawful, awarded a N10 million fine against the I-G, among other orders.

 

 

A 79-year-old woman, Colleen Yesufu, has prayed a Federal High Court in Abuja to order the Inspector-General (I-G) of Police, Kayode Egbetokun, to withdraw police officers attached to private citizens.

Yesufu, who told the court in a suit filed by her lawyer, Maxwell Opara, also prayed for an order of perpetual injunction on the I-G from reassigning any member of the Nigerian Police Force (NPF) as VIP escorts to private individual, including Mrs Bikikisu Aliyu.

The News Agency of Nigeria (NAN) reports that Yesufu, a businesswoman, had, in the suit marked: FHC/ABJ/CS/26/2025, sued President, Federal Republic of Nigeria; I-G and Mrs Aliyu (A.K.A. Rebecca Omokamo Godwin Isaac) as 1st to 3rd respondents.
She also listed the National Police Council and NPF as 4th to 5th respondents respectively.
Yesufu, in the originating summons filed on Jan. 9 by Opara, wants the court to determine whether President Bola Tinubu’s executive directive made on Nov. 13, 2023, to the I-G for the immediate withdrawal of policemen serving in the NPF designated to VIPs who are not statutorily entitled to police escort is valid and subsisting.
“Whether having regards to the provisions of Section 4 of the Police Act, the duties of the 5 defendant (NPF) ought to be to the general public of the state rather than a selected few.
“Whether or not it will be lawful for the 2nd defendant (I-G) to immediately withdraw the police VIP escorts attached to the 3rd defendant (Aliyu).”
The applicant, who sought five reliefs, urged the court to make a declaration that President Tinubu’s executive directive is valid and subsisting.
She sought a declaration that it will be lawful for the 2nd defendant to immediately withdraw the police VIP escorts attached to the 3rd defendant (Aliyu).
“An order directing the 2nd defendant to immediately withdraw all VIP Police escorts attached to the 3rd defendant and others, other than those statutorily entitled to them in Nigeria.
“An order of perpetual injunction on the 2nd defendant from reassigning any member of the 5th defendant as VIP escorts to the 3rd defendant or any other private individual in Nigeria.”
Yesufu, in an affidavit she deposed to, averred that on Nov. 13, 2023, President Tinubu, whilst exercising his powers under Section 5 and 215(3) of the 1999 Constitution, gave an executive directive to the I-G for the immediate withdrawal of all personnel of the NPF designated as VIPs escorts to all citizens other than those statutorily entitled to them.
She said the NPF issued a press statement published in the media confirming the president’s executive directive and their compliance forthwith.
The plaintiff, however, alleged that in spite of the executive directive, the I-G had failed, refused and/or neglected to comply with the directive as Aliyu l, who is a private citizen like her has been using the police personnel purportedly attached to her as VIP escort by the I-G to intimidate, harass and threaten her.
She further alleged that Aliyu had been using the officers attached to her to evade lawful invitations from other law enforcement agency like the Economic and Financial Crimes Commission (EFCC).
“The 3rd defendant currently has a pending case of fraud pending at the EFCC and has been evading service of invitation and arrest by the commission using the police VIP escort and directing them as personal employees,” she averred.
Yesufu said the I-G, despite so many demands, petitions and complaints by her, had reluctantly refused to comply with the standing directive of the president, thereby allowing individuals to privately utilise the NPF.
The case was yet to be assigned to a judge as at the time of filing the report.

 

 

A Federal High Court in Abuja on Thursday, ordered the Minister of Interior, Dr Olubunmi Tunji-Ojo, and the Attorney-General of the Federation (AGF), Mr Lateef Fagbemi, SAN, to show cause why the implementation of the proposed expatriates taxation regime should not be stopped.

Justice Inyang Ekwo, in a ruling on a motion ex-parte moved by counsel who appeared for the plaintiff, Patrick Peter, ordered that the minister and the AGF be served with the motion within three days of the order.

The News Agency of Nigeria (NAN) reports that the plaintiff, Incorporated Trustees of New Kosol Welfare Initiative had, in the motion ex-parte marked: FHC/ABJ/CD/1780/2024, sued the Interior Minister and AGF as 1st and 2nd defendants.

The plaintiff filed the application through a team of lawyers led by Paul Atayi.

The group sought “an order of interim injunction restraining the defendants, jointly and severally, with any agency or agencies and/or department(s) under their supervision or control, from commencing the implementation of the new Expatriates Taxation Regime known as the ‘Expatriate Employment Levy (EEL)’ in Nigeria, pending the hearing and determination of the motion on notice.

A Programme Implementation Coordinator of the group, Raphael Ezeh, in the affidavit he deposed to, averred that on Tuesday, Feb. 27, 2024, the Federal Government of Nigeria unveiled a set of proposed new taxation policy called the Expatriate Employment Levy (EEL).

“According to KPMG and other online information analysts and dissemination agencies, the Federal Government intends to compel all companies and organisations who engage the services of foreign expatriates to pay tax E.E.L. as follows:

“For every expatriate on the level of a director — Fifteen Thousand United States Dollars ($15,000.00) equivalent to Twenty-Three Million Naira, by the current exchange rates (NW23,000,000.00) per annum.

“For every expatriate on a non-director level – Ten Thousand United States Dollars ($10,000.00) equivalent to Sixteen Million Naira, by the current exchange rates (N16,000,000.00) per annum,” he said.

Ezeh averred that the Federal Government also planned additional regulations consisting of penalties and sanctions for non-compliance with the proposed taxation regime.

According to him, inaccurate or incomplete reporting will attract five years’ imprisonment and/or N1 million.

He said failure of a corporate entity to file EEL within 30 day is to attract a penalty of N3 million, failure to register an employee within 30 days will also attract N3 million, while submission of false information will attract N3 million.

The coordinator said failure to renew EEL before its expiry date by an organisation is to attract a sanction of N3 million.

Ezeh said “the proposed taxation regime is totally an anti-people policy because of its radical effect on different aspects of the Nigerian economy and it works like a choke-hold against the economic growth of the nation.”

He said taxation is a sensitive matter which, under the 1999 Constitution (as amended), calls for the collaboration of the executive and legislative arms of government.

He said under Section 59 of the constitution, the executive arm of government alone does not have the powers to impose tax on corporate bodies and other citizens of the nation.

He said the current prevailing tax regime is far more friendly towards expatriates than the proposed one

Ezeh alleged that the minister is about to commence full implementation of the EEL.

“If the defendants are not restrained by an order of this honourable court, they will commence full implementation of the said programme and thereby threatening the nation’s economic sustainability,” he said.

He said the plaintiff undertook to pay damages if the substantive suit turned out to be frivolous.

After listening to Peter, Justice Ekwo ordered the plaintiff to put the defendants on notice of the ex-parte application within 3 days of the order.

He said: “Upon being served, the defendants are hereby ordered to show cause why the prayers of the plaintiff ought not to be granted on the next date of hearing.”

The judge adjourned the matter until Jan. 16 for the minister and the AGF to show cause.

NAN reports that the Federal Ministry of Interior had, earlier in 2024, suspended the implementation of the EEL which was launched on Feb. 27, 2024, to allow for further consultations with Nigerian Association of Chambers of Commerce, Industry, Mines, and Agriculture (NACCIMA) and other vital stakeholders.