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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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Anglican Bishop Urges Politicians To Lead With Integrity

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The Bishop of Anglican Diocese of Niger Delta, Dr Emmanuel Oko-Jaja, has called on Nigerians, especially those in positions of authority to uphold moral standard and integrity.
Oko-Jaja said this at a thanksgiving service to mark the 90th birthday of Prof. Sylvanus Cookey at Saint Paul Anglican Church in Opobo Town, Rivers yesterday.
The Tide’s source reports that Cookey was the second Vice Chancellor of the University of Port Harcourt (UNIPORT) in 1982.
Oko-Jaja advised political leaders to always be self-aware and avoid actions that could damage their reputation.
“In today’s Nigeria, hardship has changed how the people behave, as lies have become more popular than the truth.
“We now live in a country where injustice is now celebrated and lowering moral and social standard have become the new normal.
“Leaders must follow the exemplary legacies set by our forebears by becoming upright and live a life that would not bring shame to their family and community,” he said.
He attributed the country’s current economic challenges and declining living standards to leaders failing to prioritise the well-being of citizens.
“The younger generation should emulate the virtues of our predecessors like Prof. Cookey, who prioritised integrity over material gain.
“Good reputation was the norm back then, and I hope that God will restore it to Nigeria, where leaders’ goal will be to have good names.
“If anyone wants to commit evil, they should remember that their actions can bring a bad name to their family and community,” he cautioned.
Addressing the celebrant, the King of Opobo Kingdom, HRM Dandason Jaja, praised Cookey for his impact on society and described him as a mentor and philanthropist.
He said that the celebrant was a distinguished academic, who had impacted numerous youths through vocational training, leading to their successful employment in different sectors.
Speaking earlier, Cookey expressed gratitude to God for attaining 90 years and acknowledged the support of his family and friends.
Reflecting on his contributions to the country, he encouraged leaders to leave behind positive legacies for future generations to celebrate.

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Senators, Reps To Resume Plenary In Remodelled Main Chambers

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Nineteen months after federal lawmakers movement to  temporary chambers,  the Nigerian Senate and House of Representatives would finally resume sittings in  their  newly remodelled main hallowed chambers tomorrow
Spokesperson of the House of Representatives, Hon. Akin Rotimi Jnr, and the Clerk to the Senate, Barrister Chinedu Akubueze confirmed the planned movement to the main chambers in separate written announcements made penultimate week on the change in resumption date by lawmakers from their ongoing recess.
Hon. Rotimi, who is the chairman, House Committee on Media and Public Affairs, in the official announcement dated April 4, 2024 to the honourable members, cited the need to resume plenary at the renovated and reconfigured main chamber, as reason for the postponement in line with the general wish of the lawmakers.
“The House of Representatives wishes to inform the public and stakeholders of the rescheduling of the resumption date from the ongoing recess, originally slated for Tuesday, April 16, 2024, to  Tuesday, April 23, 2024.
“This adjustment is necessary to accommodate the completion of renovations to the main chamber of the House of Representatives to ensure its readiness for plenary sessions, henceforth,” he stated.
Two days after, the Clerk to the Senate also issued a statement, postponing resumption of plenary by the Senate from April 16 to 23, 2024.
Akubueze ‘s statement reads in part: “Distinguished Senators are hereby invited to note that the resumption of the plenary sitting of the Senate, which was scheduled for Tuesday, 16th April, 2024, has been postponed to Tuesday 23rd April, 2024”
It would be recalled that ahead of the projects delivery, the Site Engineer of Visible Construction, Tajudeen Olanipekun, had early last month informed journalists covering the Senate, that the two main chambers, would be ready for use by both the Senate and the House of Representatives in April this year.
Olanipekun’s assurance on delivery of the fully transformed and reconfigured hallowed chambers to management of the National Assembly, coincided with call by the President of the Senate, Godswill Akpabio, to the Clerk to the National Assembly, CNA, Alhaji Sani Magaji Tambawal that both the Senate and the House of Representatives, want to move to their main chambers as soon as possible after close to two years of using temporary ones.
In carrying out the subtle marching order, the construction firm in the last five weeks has carried out the required finishings on
the upgraded and reconfigured hallowed chambers fixed with state-of-the-art chairs, parliamentary equipments,  appliances and extended sitting terraces.
Physically, the entire ambience of the space in and around the hallowed chambers have been transformed, just as barricades used to restrict movements at the foyer have been removed.
The  Federal Capital Development Authority, FCDA, had in March 2021 awarded a N30billion renovation contract to Visible Construction Limited to rehabilitate critical segments of the National Assembly complex.
The law makers had in September  2022 vacated the main chambers to enable the Contractors;   handle the renovation work of both chambers
Some of the critical segments are the office buildings housing the office accommodation for the senators and honourable members, watertightness of the roof of the complex, the cooling system, replacement of lifts that are inoperable in the White House as well as in the House of Representatives and in the new Senate Wing among others.

By: Nneka Amaechi-Nnadi, Abuja

 

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Police Commence Recruitment Process In Anambra, Enugu

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The Zone 13 of the Nige- rian Police Force, comprising Anambra and Enugu States, has announced the venue and time for both General Duty and Specialist Constable recruitment medical screening in the two States.
This is contained in a statement issued yesterday by the Zonal Police Public Relations Officer, SP Josephine Ihunwo, yesterday in Enugu.
Ihunwo said that prospective candidates from Zone 13 should note that the exercise would take place at Police Hospital, Awka.
She said that the medical screening would commence simultaneously nationwide on Tuesday, April 16, and end on April 30, 2024.
“Candidates are advised to visit the recruitment portal: https://apply.policerecruitment.gov.ng to know their status, specific time, date and other mandatory requirements.
“So also, qualified applicants are to appear in clean white T-shirt and short with the following requirements;
“National Identity Card/Slip; Print Out of Medical Examination Slip and all necessary documents.
“The Assistant Inspector-General of Police Zone 13 Command, AIG Godwin Aghaulor, wishes all prospective candidates success as they embark on this exercise,” he said.

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