We are pleased to announce that the Federal High Court sitting in Lagos on January 13, 2023, delivered judgment in favour of our client Wheatbaker Investment and Properties Limited against the Economic and Financial Crimes Commission (EFCC) and the Federal Inland Revenue Service (FIRS). The judgement arose from a suit filed by Wheatbaker Investment and Properties Limited (operator of The Wheatbaker Hotel) against the EFCC and FIRS respectively.
The Chris Ogunbanjo LP Dispute Resolution team led by Ola Alajiki; Senior Associate, Williams Bello; Associate, Ibrahim Abubakar, had approached the court for an interpretation of the relevant provisions of the Federal Inland Revenue Service (Establishment) Act, 2007, and the Taxes and Levies (Approved List for Collection) Act, 1998.
In the judgment, His Lordship, Justice Akintayo Aluko declared that the EFCC lacks the authority to assume the statutory powers for the assessment, collection, and enforcement of payment of taxes in Nigeria. The court further held that the FIRS is the only body empowered and vested with statutory duty for the assessment, collection, and enforcement of company tax in Nigeria and that only the FIRS, and no other agency of government, has the statutory mandate and responsibility for the assessment, collection, and enforcement of payment of taxes on behalf of the Federal Government of Nigeria, and FIRS did not delegate or donate its powers of assessment and enforcement of collection or payment of taxes to the EFCC.
This decision has been welcomed by the local and international business community as it has brought clarity and elucidated the role and responsibility of the FIRS with respect to tax audits of corporations.
To read the full judgment, please click here.
- ‘EFCC Lacks Power To Probe Company’s Tax Payments’ – Court | The Legend News
- Court To EFCC: You Lack Powers To Probe Company Tax Payments | New Telegraph
- EFCC Lacks Power To Probe, Enforce Tax Payments, Says Court | ThisDay
- EFCC Lacks Power To Probe Company’s Tax Payments – Court | Channels TV
- ‘EFCC Lacks Power To Probe Company’s Tax Payments’ -Court | NewsDish