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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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REAN, SON synergise to curb fake renewable energy product

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The Renewable Energy Association of Nigeria (REAN) says it has strengthened collaboration with the Standards Organisation of Nigeria (SON) to enhance quality control and enforcement frameworks.
Mr Oisereime Lloyd-Dietake, the Head of Communications, REAN, in a statement on Tuesday in Abuja, said the collaboration would also involve stakeholder engagement on testing, certification and capacity building in Nigeria.
He said the synergy would strengthen quality control and enforcement frameworks, promote policy alignment, and ensure stronger regulation across the renewable energy value chain.
“REAN reaffirms its commitment to standardisation and quality assurance; tighter collaboration with SON is critical to eliminating fake and substandard renewable energy products from the Nigerian market.
“Enforcement and gaps in existing standards have continued to allow inferior products to circulate, undermining consumer confidence and slowing sector growth.”
Lloyd-Dietake said that at high-level discussions, REAN also highlighted the need for stronger regulatory coordination to address emerging challenges in the renewable energy space.
According to him, the issues include inconsistencies in standards, affordability issues linked to certification processes; and the increasing presence of substandard solar and renewable energy equipment in the country.
“The association further raised concerns about delays in product testing and approval, calling for the establishment of more testing laboratories and certification facilities to improve efficiency and reduce bottlenecks in the system,’’ he said.
Lloyd-Dietake urged closer collaboration among key regulatory bodies, including the Nigerian Electricity Management Services Agency, the Nigerian Electricity Regulatory Commission, and the Rural Electrification Agency.
He said such team work would ensure harmonised standards and more effective enforcement against fake renewable energy products in the Nigerian market.
In response, SON acknowledged the important role REAN continued to play in supporting standardisation within Nigeria’s renewable energy industry and reaffirmed its willingness to deepen collaboration with the association.
SON further confirmed that REAN would be actively involved in future standard review processes and upcoming stakeholder engagements related to renewable energy and electric mobility standards development.
Lloyd-Dietake said REAN affirmed its willingness to formalise the partnership through a Memorandum of Understanding (MoU).
He said the MoU is aimed at deepening cooperation, promoting quality assurance, and accelerating Nigeria’s transition towards reliable and standardised renewable energy solutions.
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Self Help Africa programme expands water access for 320,000 Nigerians

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The WASH Systems for Health (WS4H) Programme, implemented by Self Help Africa, has expanded access to safe water and sanitation services for more than 320,000 people in Kano and Cross River States.
The organisation disclosed this on Tuesday at the WS4H National Results and Learning Workshop in Abuja, where stakeholders reviewed achievements and lessons from the intervention.
Speaking at the event, Self Help Africa Country Director, Joy Aderele, said the programme demonstrated that sustainable WASH improvements require strong institutions, effective governance, adequate financing and collaboration.
Aderele said the UK-funded programme was designed to strengthen systems that support sustainable access to water, sanitation and hygiene services.
According to her, the intervention focused on improving governance, planning, financing, accountability and sector coordination to ensure resilient service delivery.
“More than 320,000 people now have improved or restored access to water services through programme-supported interventions,” she said.
She added that more than 5,520 household toilets were constructed in Yala and Makoda Local Government Areas, boosting sanitation, public health and efforts to end open defecation.
Aderele said the programme also strengthened public investment in WASH, with Cross River increasing its sector budget by 211 per cent in 2026 and Kano by 169.07 per cent.
She added that dedicated WASH budget lines had been established across 40 Ministries, Departments and Agencies in both states, strengthening accountability and institutional commitment.
According to her, both states reviewed and adopted updated WASH policies, while key planning documents were developed to guide future investments and service delivery.
She said Cross River also recorded a major legislative milestone through the passage of the Water Law and Open Defecation Prohibition Bill.
Aderele added that lessons from interventions in Yala LGA were already informing expansion efforts in Obubra Local Government Area.
While commending the achievements, she noted that capacity gaps, resource constraints and climate-related pressures remained challenges to sustainable WASH services.
“The sustainability of these gains will depend on continued government leadership, adequate financing, strong partnerships and investment in institutional capacity,” she said.
Also speaking, the Programme Manager of WS4H, Mr Timothy Ibeawuchi, said the intervention focused on strengthening systems needed to sustain gains and attract future investments.
According to him, the programme engages stakeholders in developing strategies that preserve achievements and support long-term service delivery.
“System strengthening work takes time because it addresses the fundamental issues responsible for sustainable and resilient service delivery,” he said.
Ibeawuchi said the programme strengthened policy development, planning, financing, monitoring and evaluation systems across the WASH sector.
He said two pilot local government areas were supported to develop WASH strategic plans outlining sector goals, targets and activities between 2026 and 2030.
According to him, the plans will guide future interventions and improve service delivery in the affected councils.
Earlier, the representative of the UK Foreign, Commonwealth and Development Office (FCDO), Chidera Chukwu, reaffirmed support for Nigeria’s development efforts in spite of the programme nearing completion.
Chukwu commended the Self Help Africa-led consortium for delivering the programme with professionalism and a strong focus on systems strengthening.
He said the consortium contributed greatly to strengthening Nigeria’s WASH sector through policy reforms, improved coordination and enhanced accountability.
“Together, we have advanced key policy and legislative reforms, including open defecation-free laws and strengthened state WASH frameworks,” he said.
According to him, the reforms represent enduring system-level changes that will continue delivering benefits beyond the programme’s lifespan.
In his remarks, Mr Jamilu Habu, Director of Water Quality Control and Sanitation, Federal Ministry of Water Resources and Sanitation, commended the programme’s achievements.
Habu, who represented the Permanent Secretary, said the intervention strengthened governance, coordination, evidence-based planning and institutional capacity in the WASH sector.
He described the workshop as an opportunity to review achievements, share lessons and identify pathways for sustaining and scaling successful interventions.
According to him, the programme’s innovations and best practices will guide future policies and investments aimed at expanding access to safe WASH services.
Habu stressed the need for continued collaboration among governments, development partners, civil society organisations, the private sector and communities.
He said stronger partnerships remained essential to achieving universal access to water, sanitation and hygiene services and meeting Sustainable Development Goal 6.
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Lagos Residents Stranded As Floods Cut Off Ajah, Mafoluku Communities

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Residents of Ajah, Mafoluku and other flood-prone communities in Lagos have recounted how Thursday’s torrential rainfall left them stranded, submerged homes and cut off access to major roads.
The residents, who spoke with Tide source, on Friday called for urgent government intervention to tackle the recurring flooding blamed on poor drainage infrastructure.
Along Mobil Road in Ajah, Mrs Rukayat said floodwaters submerged about 200 metres of the road, forcing commuters to wade through waist-deep water.
“The water level was almost up to my lap. People literally had to wade through it to get home,” she said.
According to her, many motorists turned back, while others abandoned their vehicles and continued their journeys on foot.
“The only way to pass through the water was by walking or using a tricycle. Even then, the tricycles broke down and had to be pushed,” she said.
Rukayat said some youths assisted stranded tricycle operators by pushing their vehicles through flooded sections for a fee.
She said residents had repeatedly alerted authorities to the flooding but little had changed.
“We reported this when the rains started, but apparently nothing has been done about the problem,” she said.
She attributed the flooding to poor drainage and possible blockage of a major canal serving the area.
“There is a big canal here, but I don’t know what is preventing water from flowing through it properly,” she said.
According to her, overgrown vegetation and sand deposits might have obstructed the canal, reducing its capacity to discharge stormwater.
She added that although floodwaters usually receded after a few hours, sections of the road remained waterlogged.
In Mafoluku, residents said several streets, homes and access roads were submerged, leaving many unable to return home after going about their daily activities.
Mrs Iriagbonse Okunkpolor, a resident of Agboola Street, said what began as a short trip to buy household items became an hours-long ordeal.
“I left my house to buy a few items nearby, but the rain started suddenly and flooded the entire street.
“I was stranded for hours because there was no safe way back home,” she said.
Another resident, Mr Mukaila Idris, described the flooding as both dangerous and distressing.
“The current was very strong. I watched people pay young men to carry them across the water because they were afraid of being swept away or falling,” he said.
According to him, only physically fit residents could navigate the floodwaters safely, while many others waited several hours for the water level to subside.
Mr Williams Ekpo, who lives in the Eyinogun area, said the flood extended beyond the roads and entered residential compounds.
“The floodwater entered our compound and damaged some household items.
“This happens almost every rainy season, yet nothing seems to be done to address the drainage problem,” he said.
The residents urged the relevant authorities to investigate the persistent flooding and improve drainage infrastructure to prevent a recurrence during the rainy season.
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