Minister of Justice and Attorney-General of the Federation (AGF), Abubakar Malami, said this unbehalf of the Federal Government on Wednesday in reaction to the judgement of an Oyo State High Court that awarded damages in Igboho’s favour.

“We are doing the needful in terms of looking at the law as it exists, and then working within the context of the law in ensuring that justice is done as far as the contending issues between the parties are concerned,” he told reporters on the sidelines of the United Nations General Assembly in New York, United States.

It was earlier reported that the court presided by Justice Ladiran Akintola ordered the Federal Government to pay the sum of N20 billion in damages to Igboho.

This came the suit file by Igboho’s lawyer, Yomi Alliyu, to challenge the legality of the invasion of his client’s house in Ibadan, and the damage done to his property.

He argued that the action of the security outfit was a violation of Igboho’s fundamental right to peacefully own property and wealth.

A Fresh Charge

The AGF and DSS were respondents to the suit in which Alliyu, a Senior Advocate of Nigeria, sought N500 billion in favour of his client.

In his reaction, the minister questioned the jurisdiction of the court and hinted that the government would not rule out filing fresh charges against Igboho.

“As far as the Federal Government is concerned, it is about law. It is about jurisdiction; as far as this matter is concerned, which court is it that has the jurisdiction to determine it?” he queried.

“But then, you have to understand within the context of such obedience that there are associated rights and interests that are vested in the Federal Government – inclusive of rights of appealing against a judgement, inclusive of the right to file an application for setting aside the purported judgement and order.

“And indeed, inclusive of the possibility of filing a fresh action, if indeed the jurisdiction of the court that was alleged to have indeed handed that judgement is an issue.”

“Pursuant to Mr. President’s approval and directives, I also wish to request Your Excellency to direct the State Ministries, Departments, Agencies, and Regulatory Institutions of Financial Sector to engage and grant access to the appointed Recovery Agents for the purpose of the Audit and Recovery of Stamp Duty to ensure that all established liabilities are remitted as appropriate,” the letter reads in part.

The Special Assistant on Media and Public Relations to the minister, Dr. Umar Gwandu, said in a statement made on Wednesday that no actual recovery has been made and added that recoveries are being conducted for the Federal Ministries, Departments, Agencies and Financial Institutions and that liabilities are being established at this stage.

According to the statement, Section 111 of the Stamp Duty Act granted the AGF an exclusive power to recover any outstanding payment or remittances related to stamp duty.

The letters, Gwandu said, were written pursuant to the provision of Section 111 of the Stamp Duty Act which provides that, “all duties, fines, penalties and debts due to the Government of the Federation imposed by this Act shall be recoverable in a summarily manner in the name of the Attorney General of the Federation or the State”.

He said what the AGF did, was to activate those powers, conduct the audit and recovery of back years stamp duty in collaboration with stakeholders.

Malami said the Federal Government has set up an Inter-Ministerial Committee on Audit and Recovery of Back years Stamp Duties from January 15, 2016, to June 30, 2020.

Members of the committee, he said, were drawn from the AGF’s office, in collaboration with relevant agencies including the Office of the Secretary to the Government of the Federation, Federal Inland Revenue Service, Office of the Accountant General of the Federation, Ministry of Finance, Central Bank of Nigeria, Revenue Mobilization and Fiscal Allocation Commission, among others.

In view of the need to provide a comprehensive overview of the process and for proper understanding of the task, the Statement said the AGF organized a meeting with Attorneys General of States as they have similar powers with respect of stamp duty of Ministries, Departments, Agencies and Financial Institutions in their respective states.

Attorneys-general of the 36 states of the federation had last week, dragged Malami before the Supreme Court over alleged failure of the federal government to remit funds generated from stamp duties into the accounts of state governments.

The states said in their suit that they are the sole authority to collect stamp duties and not the federal government.

In the suit marked SC/CV/690/2021, dated, August 24, the attorneys are asking the court to issue an order directing Malami to account for and pay back all monies collected by way of stamp duties on individual persons’ transactions within the respective states of the Plaintiffs from the period 2015-2020 and thereafter till the time of the judgment as well as an order directing him to pay them all the sum of monies amounting to N176,067,400,000,00) representing ascertained and admitted collected stamp duties on individual persons’ transactions within their respective states for the period of 2015- 2020 and thereafter till the time of the judgment of the court or any other sum as they may be found entitled by the court.

“An order of perpetual injunction restraining the defendant by himself, privies, agents or any persons by whatever name or how so ever called from appointing anyone for the purpose of collecting Stamp Duties on individual persons’ transactions within the respective states of the plaintiffs henceforth”, among other reliefs.

Source: Nigerian Tribune