The Court of Appeal in Abuja on Thursday permitted and
joined Lagos as the third respondent in the fierce legal battle against the
Federal Inland Revenue Service, FIRS, on the collection of Value Added Tax,
VAT.
The court held that Lagos has established beyond doubt that
it has substantial and sufficient legal right and interest to protect in the
revenue collection dispute.
In a unanimous ruling, the court ordered that all processes
filed in respect of the suit be served on Lagos as a third respondent to enable
the state to respond as required by law to the appeal filed by FIRS.
Justice Haruna Simon Tsamani, who delivered the lead ruling,
fixed October 7 for the continuation of further hearing in the matter.
He also ordered that the matter be moved from Abuja to the
Port Harcourt division of the Court of Appeal for further hearing of the case.
The appeal by the FIRS is against the August 9, 2021
judgment by Justice Steven Pam of the Federal High Court in Port-Harcourt,
Rivers State, voiding the VAT Act and holding the states could collect VAT.
A three-man panel, led by Justice Haruna Simon Tsanami,
after listening to arguments by lawyers to parties on September 16, said they
would be informed when the ruling was ready.
In arguing Lagos’ application, the state’s Attorney General,
Moyosore Onigbanjo (SAN) said his client was a necessary party as it would be
affected by the outcome of the case.
Lawyer to Rivers State, Ifedayo Adedipe (SAN), agreed with
Onigbajo and urged the court to join Lagos, while lawyers to FIRS and the
Attorney General of the Federation (AGF), Mahmud Magaji (SAN) and Tijani Gazali
(SAN) argued otherwise and prayed the court not to join Lagos.
Details later…
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