Anambra State Sues AGF, Minister, FIRS over Finance Act 2021

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The Anambra State Board of Internal Revenue has sued the Attorney General and Minister of Justice, Abubakar Malami; the Minister of Finance, Zainab Ahmed and the Executive Chairman, Federal Inland …

The Anambra State Board of Internal Revenue has sued the Attorney General and Minister of Justice, Abubakar Malami; the Minister of Finance, Zainab Ahmed and the Executive Chairman, Federal Inland Revenue Service, Mohammed Name, over the provision of Section 27 of the Finance Act, 2021.

The plaintiff asked the court to determine if the above provision is not in conflict with the provisions of Sections 3, 111, 115 and 116 of the Stamp Duties Act, 2004, as amended; and whether it is not inconsistent with the provisions of Section 163 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and therefore is null, void and of no effect whatsover, to the extent of the inconsistency.

It equally asked the court for a declaration that the purported directive of the Federal Inland Revenue Service , in its Press Release on Clarification of Administration of Stamp Duties in Nigeria with regard to the administration, collection and/or remittances of Stamp Duties in Nigeria, to License Deposit Money Banks and other Financial Institutions in Nigeria, is unconstitutional, null, void and of no effect whatsoever.

It also prayed the court for an order or perpetual injunction restraining the defendants, their agents, servants, workers and howsoever called, from interfering or otherwise continuing to interfere with the right of the plaintiff to collect revenue derivable from stamp duties and Electronic Transfer Levy in respect of instruments or transactions initiated and executed or carried out between persons or individuals within the territory of Anambra State pursuant to Section 4 of the Stamp Duties...

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