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Auto Policy: FG Dragged To Court Over Finance Act 2020

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The Abuja division of the Federal High Court has been asked to strike down Section 38 of the Finance Act 2020 which gives legal basis to the implementation of the 5 percent levy on some categories of cars which is reduction from 35 percent implemented by the government of Nigeria since 2020.

President Muhammadu Buhari had assented to the Finance Act 2020 on December 31, 2020.

Following the Presidential assent, the Nigeria Customs Service had planned the implementation of the policy.

But dissatisfied with the policy, Pan Nigeria Limited, Lafbart Innovation and Consulting Limited, Mikano International Limited and the Incorporated Trustees of Global Integrity Crusade Network, the Incorporated Trustees of Global Integrity Crusade Network (GICN) dragged the government to court to challenge the policy.

Defendants in the suit are the National Assembly, the Federal Government, Ministry of Industry Trade and Investment, Ministry of Finance and the Nigeria Custom Service.

The Finance Act 2020 reduced tariff on the importation of Fully Built Vehicle (FBU) from 35% to 5% whereas import duty for Semi Knocked Down (SKD) remains at 10%.

The implication of the policy is that all the businessmen who have invested in the assembly of SKD commercial vehicles including tankers for which Nigeria has a history of competence beyond the New Automotive Industry Development Plan (NAIDP) will suffer.

However, dealers in FBU can now import freely without recourse to Nigerian assemblers, including body builders that have existed for generations.

In a suit marked FHC/ABJ/CS/157/2021 and filed on February 10, 2021, the plaintiffs, through their counsel, Ayodele Akisanya and Adamson Adeboro, want the court to determine the following questions: “Whether by the provisions of Section 13(1) of the Customs and Excise Tariff ETC (Consolidated) Act, the failure of the President to rely on the recommendation of the Tariff Review Board to modify duties and levies as mandated by the said Section 13(1) before transmitting the Finance Bill 2020 as an Executive Bill to the 1st Defendant for passage into law and which Finance Bill 2020 includes Section 38 whereat the President purports to modify duties and levies, did not incurably contaminate the said Section 38 of the Finance Bill 2020 now Section 38 of the Finance Act 2020 and render same null and void ab initio and liable to be struck down.

“Whether by the provisions of Order 77(3) of the Senate Standing Order as Amended 2015 the 1st Defendant ought not to have received and if not provided by the Executive, demanded information or evidence of compliance with the statutory condition precedent set in Section 13(1) of the Customs and Excise Tariff ETC (Consolidated) Act as a precondition for passing the Finance Bill 2020 to an Act which Act now contains Section 38 whereat the President purports to exercise the powers granted by in Section 13(1) of the Customs and Excise Tariff ETC (Consolidated) Act but ignored the accompanying responsibility to rely on recommendation of the Tariff Review Board”.

The plaintiffs also sought the following reliefs from the court: “A declaration that Section 38 of the Finance Act 2020 is the by-product of non-compliance with statutory conditions precedent set in Section 13 of the Customs and Excise Tariff ETC (Consolidated) Act and therefore null and void ab initio rendering said Section 38 of the Finance Act 2020 liable to be struck down.

“A declaration that the President, subject to compliance with the precondition set in Section 13(1) of the Customs and Excise Tariff ETC (Consolidated) Act has the powers to modify tariffs, duties and levies without any reference, recourse and or resort to the 1st Defendant for approval or ratification.

“An order striking down all the provisions of Section 38 of the Finance Act 2020 as being invalidly made, null and void ab initio.

“An order of perpetual injunction restraining the 1st, 2nd, 3rd and 4th Defendants either by themselves, or agencies under them, parastatals and or organization, privies and assigns from implementing, enforcing, giving effect howsoever to the provisions of Section 38 of the Finance Act 2020”.

No date has been fixed for the hearing of the case.

 

 

 

 

 

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IDGC: Group Takes Campaign To PH Schools

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As the world marked the 2026 International Day of the Girl Child on Sunday, October 11, 2026, a non-governmental organisation, Stand Up for Women Society (SWS) has intensified its campaign against child marriage, urging schoolgirls to prioritise education, protect their rights and develop skills for a better future.
The organisation joined the global observance of the day under the theme, “International Day of the Girl Child: End Child Marriage and Invest in Girls’ Rights,” with a sensitisation programme at Government Girls Secondary School, Oromenike, D-Line, Port Harcourt, Rivers State.
Led by its Vice Chairperson, Daba Benebo, the group engaged the students in discussions on the dangers of early marriage, teenage pregnancy, sexual abuse and other challenges that threaten the education, safety and development of the girl child.
Speaking during the programme, Benebo urged the students to reject early marriage and remain focused on their studies, stressing that education would empower them to make informed decisions about their lives and future.
She cautioned the girls against allowing anyone to deprive them of their right to education and dignity, advising them to report cases of harassment, abuse and other violations of their rights to the appropriate authorities.
Benebo assured the students that SWS remained available to support them whenever they encountered violations of their rights.
She also encouraged them to maintain discipline and responsible conduct while avoiding behaviours that could expose them to negative influences and jeopardise their future.
Beyond formal education, the SWS vice chairperson urged the students to acquire vocational skills that could provide additional opportunities for economic independence and help them navigate future challenges.
The sensitisation programme, enlivened by singing, dancing and to share their views and experiences on issues affecting the girl child interactive sessions, provided an opportunity for the students to share their views and experiences on issues affecting the girl child.
One of the major issues raised during the discussion was the appropriate age for marriage. While some participants maintained that 18 years was the constitutionally approved age, the discussion highlighted the need to consider not only age but also the maturity, preparedness and responsibilities associated with marriage.

The speaker stressed that marriage required adequate mental and emotional preparation, as well as the capacity to shoulder its responsibilities.
She therefore advised the students to concentrate on acquiring a sound education before considering marriage, noting that education would equip them with the knowledge and skills needed to make responsible decisions and manage family life.
The issue of teenage pregnancy also featured prominently during the question-and-answer session.
In addressing the subject, the speaker explained that pregnancy could occur even at the age of 12, using the example to underscore the vulnerability of young girls to the consequences of early sexual activity.
She advised the students to avoid sexual intercourse and prioritise their education, personal safety and future aspirations.
The discussion also examined the difficulties some girls encounter when living with hostile spouses, relatives or guardians.
Benebo encouraged the students to cultivate patience, humility and diligence, noting that these qualities could help them navigate difficult situations and build a brighter future.
However, she warned that patience and humility should never be interpreted as an obligation to endure violence, abuse or degrading treatment.
She urged girls experiencing hostile or abusive living conditions to seek help from their parents, trusted adults or appropriate support services rather than remain in environments that could expose them to physical or emotional trauma.
“When such happens, please return to your parents and engage in petty trade or learn a skill to support your education rather than stay in a hostile environment,” Benebo stressed.
The programme also underscored the importance of protecting girls from early marriage and other harmful practices that can disrupt their education, compromise their well-being and limit their opportunities in life.
It also reinforced the need for families, schools, communities and relevant organisations to work together to ensure that girls have access to education, vocational training, protection and the support they need to realise their potential.
For SWS, the message was clear: empowering the girl child begins with protecting her rights, investing in her education and equipping her with the confidence and skills to make informed choices about her future.

 

Stories by Kevin Nengia

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Foundation Unveils Intra-Kalabari Mass Transit Scheme

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The Egberipapa Foundation has unveiled a mass transit scheme aimed at easing transportation difficulties and improving connectivity among communities in the three Kalabari local government areas of Asari-Toru, Degema and Akuku-Toru in Rivers State.
The initiative, established by former Caretaker Committee Chairman of Akuku-Toru Local Government Council, High Chief Sobomabo Jackrich, popularly known as Egberipapa, is designed to make transportation more accessible and affordable for residents across the Kalabari area.
The scheme was launched on Monday, October 12, 2026, and is expected to address longstanding transportation challenges confronting residents, particularly those in riverine and hard-to-reach communities.
Communities expected to benefit from the initiative include Krakrama, Minama, Angulama, Sangama, Omekwe-Tariama and Omekwe-Ama.
The project is expected to ease movement within and beyond the Central Group area, while providing residents with a more convenient means of transportation for their daily activities.
For decades, transportation difficulties have posed significant challenges to several Kalabari communities, making movement between settlements both cumbersome and expensive. These challenges have also affected commercial activities, social interactions and access to essential services.
The introduction of the mass transit scheme is therefore expected to provide relief to residents, strengthen inter-community connections and stimulate economic activities across the benefiting communities.
Beyond improving mobility, the initiative could contribute to community development by facilitating the movement of people and goods, supporting local businesses and enhancing social and economic interactions within the Kalabari area.
As the scheme gets underway, attention will be focused on its implementation, accessibility and sustainability, as well as its capacity to deliver lasting transportation benefits to the target communities.
The initiative represents a potentially significant step towards addressing transportation challenges and promoting grassroots development across the Kalabari Kingdom.

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Amaewhule Family Warns Public Against Ada-Oro Fam Land Transactions

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The Amaewhule family of mbodo Aluu in Ikwerre Local Government Area of Rivers State has cautioned members of the public against entering into any land transaction involving a disputed property known as “Ada Oro Fam Land,” located behind the OPM Church along Airport Road.

The family, through its legal counsel, Barrister Ndubuisi Agumagu, issued the warning amid an ongoing legal dispute over the ownership and control of the property, which is said to comprise more than 900 plots of land.

The matter is currently before the Isiokpo High Court of Rivers State in a suit numbered IHC/246/CS/2026, presided over by Justice Sobere Biambo.

The claimants in the suit include Chief Green Amaewhule and others, while Fabulous Amaewhule and Odibola Properties are listed among the respondents.

Counsel to the Amaewhule family, Barr Ndubuisi Agumagu, advised prospective land buyers and members of the public to exercise caution and refrain from purchasing any portion of the disputed property pending the determination of the case by the court.

According to the legal counsel, the property is a family estate belonging collectively to the Amaewhule family, and no individual member of the family has the authority to unilaterally dispose of portions of the land.

The counsel specifically maintained that Fabulous Amaewhule, one of the respondents in the suit, does not have the legitimate authority, according to the family’s position before the court, to sell portions of the disputed property.

The family further warned that anyone who proceeds to purchase land from the respondents while the matter remains before the court would be doing so at their own risk.

It stressed that such buyers could potentially lose their investments should the court eventually deliver judgment against the validity of the transactions.

The legal team said the warning became necessary to prevent unsuspecting members of the public from committing their resources to a property whose ownership and right of disposition are currently the subject of judicial determination.

The family also urged prospective investors, developers and land buyers to conduct proper legal inquiries and obtain independent verification of the status of the property before committing funds to any transaction relating to it.

The Amaewhule family said its position was intended to protect members of the public from possible financial losses and further legal complications while the case remains sub judice, stressing that interested parties should await the final determination of the court.

 

Akujobi Amadi

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