The onslaught against former Vice
President, Atiku Abubakar in the hands of the Buhari government continued on
Monday as the Federal Inland Revenue Service, FIRS, sealed the headquarters of
his company Intels, in Onne, Rivers State.
It was gathered that the
company was sealed over “unremitted taxes”.
Intels operates in a Free Zone
Authority located in Nigeria’s Niger Delta.
FIRS is accusing the oil services
company, Intels of operating illegally within the zone.
An impeccable source close to
Alhaji Atiku confirmed the seal to our corespondent Monday night.
“Yes. They (FIRS) posted stickers
on the company premises asking for tax to be paid. But Onne is a duty free
zone. This is shocking. Nigeria is a joke”, the source fumed.
Calls to FIRS Director of
Commmunication, Wahab Gbadamosi, to explain the agency’s action went
unanswered.
The development occurred barely a
week after the Nigerian government directed the Nigerian Ports Authority (NPA)
to terminate the boats pilotage monitoring and supervision agreement that the
agency has with Intels.
Government says the contract with
Intels, a leading integrated logistics and facilities services provider in the
maritime and oil and gas logistics sectors of the country, was void ab initio.
Attorney General of the
Federation (AGF) and Minister of Justice, Mallam Abubakar Malami (SAN), in a
letter dated September 27, 2017 to the Managing Director of the NPA, Ms. Hadiza
Bala-Usman, said that the agreement, which has allowed Intels to receive
revenue on behalf of NPA for 17 years, violates the Nigerian Constitution,
especially in view of the implementation of the Treasury Single Account (TSA)
policy of government.
Intels, also co-owned by Mr.
Gabriel Volpi, an Italian national who also has Nigerian citizenship, will lose
several millions of dollars in commissions for the monitoring and supervision
pilotage services it handles on behalf of NPA on Nigerian coastal waters.
In the maritime industry,
pilotage is compulsory for all ships of 35 metres overall length or greater
unless a valid Pilotage Exemption Certificate is held by the ship’s master.
In return for the service, ship
owners/companies are required to pay a pilotage fee, which Intels collects on
NPA’s behalf and retains 28 per cent of the revenue as commission for the
services rendered.
In a memo, Malami stated that the
agreement violates Sections 80(1) and 162(1) and (10) of the constitution, and
wondered that the parties – NPA and Intels – did not avert their minds to the
relevant provisions when they were negotiating the agreement in 2010.
In the letter titled: “Request
for Clarification of Conflict Between Executed Agreement and Federal Government
Treasury Single Account Policy,” the attorney general said: “I refer to your
letter dated 31st May 2017, ref: MD/17/MF/Vol.XX/583 in respect of the above
subject matter wherein you sought clarification on the legal issues implicated
by the continuous implementation of the Managing Agent Contract Agreement dated
11th February 2010 executed between the Nigerian Ports Authority (NPA) and
Intels Nigeria Limited for the provision of boats pilotage operations, in the
light of the Federal Government of Nigeria’s Treasury Singe Account (TSA)
policy.
“Upon my review of your letter
under reference and the relevant agreements, I have been able to conclude
inevitably that the terms of the agreement as agreed by parties and the
dynamics of its implementation which permits Intels to receive revenue
generated on behalf of NPA ab initio, clearly violates express provisions of
Sections 80(1) and 162(1) and (10) of the 1999 Constitution of the Federal
Republic of Nigeria, 1999 (as amended). It is thus curious that parties did not
avert their minds to the above provisions of the constitution whilst
negotiating the agreement.
“The inherent illegality of the
agreement as formed has since been expounded by the TSA policy issued by the
Head of Service of the Federation on behalf of the Federal Government of
Nigeria directing all ministries, departments and agencies to collect payment
of all revenues due to the federal government or any of her agencies through
the TSA.
“The objective of the
presidential directive (TSA policy) in exercise of the executive powers of the
president under Section 5 of the 1999 Constitution (as amended) was in
furtherance of the spirit and intent of Sections 80 and 162 of the constitution
and to aid transparency in government revenue collection and management.
“NPA being an agency of the
federal government is bound by the TSA policy and has not howsoever been exempt
therefrom. Due to the constitutional nature of the TSA, where there is a
conflict between the TSA and the terms of the agreement, the TSA shall prevail.
“Therefore all monies due to the
NPA currently being collected by Intels and any other agents/third parties on
behalf of NPA must henceforth be paid into the TSA or any of the sub-accounts
linked thereto in the Central Bank of Nigeria (information of the account will
be communicated in due course) in accordance with the TSA policy.
“For the avoidance of doubt, the
agreement for the monitoring and supervision of pilotage districts in the
Exclusive Economic Zone of Nigeria on terms inter alia that permits Intels to
receive revenue generated in each pilotage district from service boat
operations in consideration for 28% of total revenue as commission to Intels is
void, being a contract ex facie illegal as formed for permitting Intels to
receive federal government revenue contrary to the express provisions of
Sections 80(1) and 162(1) and (10) of the 1999 Constitution of the Federal
Republic of Nigeria (as amended), which mandates that such revenue must be paid
into the Federation Account/Consolidated Revenue Fund.
“In the premise of the above, the
conflict between the agreement and the TSA policy presents a force majeure
event under the agreement, and NPA should forthwith commence the process of
issuing the relevant notices to Intels exiting the agreement which indeed was
void ab initio.”
Reacting, Intels vowed to
sue the Buhari government over the termination.
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Good for you.You all brought PMB,thinking all is well now you can see hes in for you because you want to run for the Presidential sit come 2019. Bad Leaders..Any Right thinking youth of Nigeria should and will not vote for any retire army officer like PMB and others or any past leader like Atiku that had the opportunity to turn the country around
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