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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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World Health Day: Rivers Govt Urges Regular Medical Check-Ups, Healthy Living

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The Rivers State Government has called on residents to prioritize regular medical check-ups as part of efforts to promote healthier living and prevent disease.
This message was contained in a statement issued by the Rivers State Ministry of Health in Port Harcourt to commemorate the 2026 World Health Day.
The statement, signed by the Permanent Secretary of the ministry, Prof. Justina Jumbo, urged citizens to rely on credible health information from institutions such as the World Health Organization and the Nigeria Centre for Disease Control, as well as other verified media outlets.
Jumbo emphasized the importance of adopting scientifically proven health practices, including regular handwashing with soap and clean water for at least 20 seconds, the use of hand sanitizers where necessary, and proper respiratory hygiene such as covering the mouth and nose while coughing or sneezing.
She further advised residents to ensure that children receive routine vaccinations, maintain a balanced diet, reduce the intake of salt, sugar, and unhealthy fats, and consume safe, clean water.
The Permanent Secretary also encouraged regular physical activity, recommending at least 30 minutes of exercise most days, while discouraging prolonged periods of inactivity. She stressed the need for adherence to prescribed treatments, avoidance of tobacco use and harmful drugs, and moderation in alcohol consumption.
In addition, Jumbo highlighted the importance of sleeping under insecticide-treated mosquito nets to prevent malaria, maintaining proper sanitation and waste disposal, and managing stress through adequate rest, relaxation, and social support.
Speaking on this year’s theme, “Together for Health: Stand with Science,” she called on individuals, families, communities, and governments to collaborate and rely on scientific knowledge to improve overall health and well-being.
“Science has helped us achieve remarkable progress in healthcare—from vaccines that protect our children to medicines that treat diseases and public health practices that prevent outbreaks,” she said.
She, however, noted that the benefits of science can only be fully realized when people trust accurate information and make informed health decisions.
“Standing with science means listening to trained health professionals, following proven health guidelines, rejecting misinformation and harmful myths, and supporting vaccination, hygiene, and preventive care,” Jumbo added.
The Permanent Secretary further disclosed that the Ministry of Health, under the leadership of Governor Siminalayi Fubara, has recently employed trained health professionals into the Rivers State University Teaching Hospital and the Hospital Management Board to strengthen healthcare delivery.
She urged residents to make health facilities their first point of call whenever they experience any health challenges and called for greater support for healthcare workers who continue to dedicate their lives to saving others.
By John Bibor
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Rumuji Youth Leader Condemns Protest, Disowns Alleged Government Empowerment Claim

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The Youth President of Rumuji Community in Emohua Local Government Area of Rivers State, Hon. Emeka S. Igwe, has condemned the recent protest to the Government House and Greenville NLNG Limited, allegedly instigated by one Anele Ogbu.
In a press statement signed by him and made available to journalists in Port Harcourt, Igwe dissociated the Rumuji community from the protest, describing it as counterproductive and not sanctioned by his office.
He also dismissed claims that the Rivers State Government is planning to empower over 100 youths in Odegu Kingdom and other communities in Emohua Local Government Area, stating that he has no knowledge of such an initiative.
Igwe warned Anele Ogbu to desist from actions capable of inciting unrest in the area, alleging that misleading information has been consistently circulated to deceive unsuspecting members of the public.
He expressed concern over what he described as a growing trend of misinformation, noting that if the purported government empowerment programme were genuine, it would have been officially communicated through appropriate government channels.
According to him, as the youth president of Rumuji, he would have been duly informed and mobilised youths from the community to participate in such a programme if it truly existed.
Igwe further questioned the credibility of the claims, arguing that an initiative of such magnitude targeting at least 100 youths per community across Emohua would not be disseminated informally by a single individual.
He reiterated that the protest did not emanate from his office and maintained that Anele Ogbu lacked the authority to mobilise youths on behalf of the Rumuji community.
The youth leader also alleged that an ongoing arson case involving Ogbu has contributed to tension and unrest in the community, further deepening divisions among residents.
He explained that the purpose of the statement was to clarify the situation, correct what he described as false narratives, and calm rising tensions in the area.
Igwe urged parents and guardians to caution their wards against being misled into participating in activities that could lead to unnecessary conflicts.
He also advised the general public to verify information from credible sources before acting on it, stressing the need for vigilance in the face of increasing misinformation.
“It is important for people to ask critical questions and avoid being drawn into actions that may have serious consequences,” he said.
The Rumuji youth president reaffirmed his commitment to promoting peace and constructive engagement within the community.
John Bibor
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Haniel Jack Foundation Awards Five Rivers Indigenes Scholarship

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The Ibanibo Haniel Jack Foundation has awarded scholarships to five Rivers State indigenes in different tertiary institutions.

The scholarship programme was announced on Easter Sunday by Rev. Dr. Samuel Wachukwu, who is also the presiding pastor of Redeemer Baptist Church, at No. 44/46 Lumumba Street, Mile Two Diobu, in Port Harcourt.

Speaking, the chairman of the occasion, Barrister Karibi George, advised the recipients to justify the scholarship by ensuring that they put in their best and finish at the expected time.

George reminded them that opportunity comes but once and they should take advantage of the opportunity that comes their way judiciously.

“Those of you who are beneficiaries of this scholarship should also remember to help others and the resurrection of our Lord Jesus Christ.

“I advise you to justify the opportunity given to you and make the man who gave you the scholarship, yourself, and your family proud,” Barrister George said.

He explained that the scholarship spans undergraduate and postgraduate levels in various high institutions in Nigeria. He thanks Sir Jack for the gesture.

The scholarship is to promote education in our society, most especially for Rivers indigenes, and equally assist those who cannot immediately afford tuition fees.

It will interest you to know that
The scholarship was borne out of God’s blessings, and this is a way to give back to the society. Besides, two of the beneficiaries are direct employees of the chairman of the foundation, sir.
Ibanibo Haniel Jack, who is also the chief executive officer (CEO) of White House Hotel, in Port Harcourt.

Chief Prezi Diffa, while presenting the awards, commended Sir Ibanibo Haniel Jack, who has deemed it necessary to give back to society.

Chief Diffa equally advised the beneficiaries to take their academics seriously and count themselves lucky.

“The man who has given you this scholarship wants to better your lives, so please put in every effort to ensure you finish the school with flying colors,” Chief Diffa said.

The beneficiaries are Isoboye Haniel Douglas, Naomi Douglas, Charles Batubo, Ajé Sokari, and
Dakoru Owen Amachree.

 

Tonye Orabere

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