News
FIRS Has Burden Of Refund Of VAT To Rivers, Court Affirms
A Federal High Court sitting in Port Harcourt, has stated that since the Federal Inland Revenue Service (FIRS) was ab-initio acting in error by collecting Value Added Tax (VAT) in Rivers State, and has huge burden of refund of those monies, there was need not to allow it incur further liability.
The court has also dismissed an application by FIRS, seeking to stop the Rivers State Government from collecting VAT in the state.
The FIRS, in suit no FHC/PH/CS/149/2020, had through a motion on notice, applied for a stay of execution on the earlier judgement of the court presided over by Justice Stephen Dalyop Pam, which declared that it was the constitutional role of state governments to collect VAT, and not FIRS.
Justice Pam, in his ruling on FIRS application for a stay of execution, last Monday, said the granting the application would negate the principle of equity.
He noted that the Rivers State Government, through the state House of Assembly, has duly enacted Rivers State Value Added Tax No. 4, 2021, which makes it legitimate right of the state to collect VAT.
According to the judge, every court in the country was constitutionally mandated to obey every legislation enacted by both the National and State Assemblies, respectively.
He explained that the Rivers State Government law on VAT remains valid until it has been set aside by a court of competent jurisdiction.
The judge declared that the FIRS application was refused and dismissed in the light of the fact that all subsisting laws concerning the collection of VAT stand in favour of the Rivers State Government.
Earlier, Justice Pam, who presided over the court, read a letter that FIRS lawyers had served the court seeking for stay of any ruling on their application.
But, in the absence of any requisite document that ought to have been attached to the letter, the judge dismissed the letter.
Speaking on the implication of the ruling, the counsel for Rivers State Government, Mark Agwu, said the Rivers State Government was still entitled to collect VAT within the state.
He said, “Today, the court has delivered its ruling dismissing the said application for stay of execution, though without cost. In fact, the court’s reason is that if it should grant stay, it is more or less like over- ruling itself.
“And then, since the court is empowered to recognize all laws enacted by the National Assembly or the state Houses of Assembly, therefore, that law (Rivers) stands, it is a substantive law.
“Therefore, the issue of collection of VAT as it stands today, Rivers State Government is still entitled to so collect. That is where we are today”, he argued.
In his reaction, Rivers State Commissioner for Finance, Budget and Economic Planning, Hon Isaac Kamalu said the decision by the Lordship has confirmed the position, both constitutionally and legally, that Rivers State Government has the authority to collect VAT.
“Well, first, we need to thank God. Second, we need to thank the judge for the courage. If you recall, the court had already declared that it is the Rivers State Government that has the constitutional responsibility for the collection of VAT.
“Following that decision of the High Court, which is binding on all parties and institutions, the Rivers State Government and the state Legislature has the Value Added Tax Law of Rivers State No. 4 of 2021 in force too.”
“I think the decision by the Lordship this morning is to confirm the position, both constitutionally and legally that the state has the authority to collect VAT.”
In his reaction, lead counsel to the Federal Inland Revenue Services (FIRS), Reuben Wanogho, said the court has delivered its ruling on the basis of how it saw the facts of the case before it.
According to him, they do not agree with the ruling, and already resolved to take all necessary steps to challenge it.
This reaffirms the lawmakers’ commitment to enacting laws and taking legislative actions geared towards the overall development of the State.
The Assembly gave the approval during its Second Legislative Sitting of the Fourth Session held last Friday.
Speaking on the MTEF document during plenary, the House Speaker, Rt. Hon. Martin Amaewhule, noted that by the provision of Section 10(1)(b) of the Rivers State Fiscal Responsibility Law No. 8 of 2010, the MTEF ought to have been laid before the House in September 2025.
Amaewhule explained that traditionally, the document is expected to be presented four months before the commencement of the next financial year and immediately after the expiration of every three-year fiscal cycle.
He, however, stated that in the interest of the State and its people, the House considered it necessary to deliberate on the document, describing it as a precursor to the 2026 Budget Estimates.
The Speaker expressed concern that the year had already progressed significantly before the presentation of the framework.
During deliberations on the document, members examined the assumptions and projections contained in the MTEF and observed that strict adherence to the outlined fiscal parameters would ultimately serve the interest of Rivers people.
The lawmakers maintained that effective implementation of the framework would promote prudent financial management and enhance developmental planning across the State.
Following the debate and positive consideration by members, the Speaker put the question to the House and members voted overwhelmingly in support of the approval of the MTEF.
Meanwhile, during the same sitting last Friday, the House also received a petition from the Chairman of Obio/Akpor Local Government Council, Dr. Gift Worlu.
The petition was presented by the member representing Obio/Akpor Constituency II, Hon. Emilia Amadi.
According to the petition, concerns were raised over an imminent security breach, threats to lives, destruction of property and alleged forceful takeover of property by some lawless persons within parts of the Local Government Area.
Presenting the petition before the House, Hon. Amadi appealed to the lawmakers to revisit the matter and take necessary steps aimed at safeguarding lives and property in the affected communities.
The House is expected to further deliberate on the petition and consider measures to address the concerns raised in order to sustain peace and security in the area.
King Onunwor
News
Fubara Reaffirms Commitment To Blue Economy, Private Sector Growth …Calls For Protection Of Marine Resources
Rivers State Governor, Sir Siminalayi Fubara, made this known during the opening ceremony of the 2026 Annual General Meeting and Conference of the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA), held in Port Harcourt, last Thursday.
Represented by his deputy, Prof. Ngozi Odu, Governor Fubara described the conference theme, “The Gulf of Guinea and Blue Economy: Pathways to Trade, Investment and Security Towards a $1 Trillion Economy,” as both timely and strategic.
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?The governor welcomed the leadership of NACCIMA, delegates from the 115 Chambers of Commerce across Nigeria, members of the diplomatic corps, captains of industry, investors, and other distinguished guests to Rivers State.
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?He commended the National President of NACCIMA, Engr. Jani Ibrahim, for choosing Rivers State as the host of the 2026 conference, noting that the decision had drawn national attention to the immense economic opportunities embedded in the blue economy.
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?Fubara stated that the blue economy possesses the capacity to generate revenue that could surpass earnings from the oil and gas sector if properly developed and managed.
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?He stressed the need for Nigeria and other countries along the Gulf of Guinea to take deliberate steps toward maximizing the benefits of their maritime resources while guarding against the continued exploitation of coastal assets by foreign operators.
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?Expressing concern over the activities of foreign fishing trawlers operating in Nigerian waters, the governor noted that many harvest seafood resources without making meaningful economic contributions to the country.
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?He emphasized the need for stronger monitoring mechanisms and enhanced protection of Nigeria’s marine resources.
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?”We must wake up and hit the ground running. If we do not capitalize on and utilize our blue economy, other nations will utilize it for us,” he stated.
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?The governor thanked NACCIMA for what he described as a timely wake-up call on the importance of the blue economy and maritime security, adding that the successful hosting of the conference in Rivers State demonstrates the state’s safety, hospitality, and readiness for business and investment.
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?Earlier in his remarks, the President of NACCIMA, Engr. Jani Ibrahim, expressed appreciation to the Rivers State Government for hosting the 66th Annual General Conference of the Association and for the warm reception accorded delegates.
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?He noted that the state’s commitment to hosting the conference reflects its readiness for business and has helped restore investors’ confidence in its economic potential.
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?According to him, NACCIMA highly values the cordial relationship between the Rivers State Government and the organized private sector, emphasizing that the association remains the foremost voice of the Nigerian business community.
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?In her welcome address, the President of the Port Harcourt Chamber of Commerce, Industry, Mines and Agriculture (PHCCIMA), Dr. Chinyere Nwoga, described the conference as a historic milestone, noting that it was the first time in the Chamber’s 66-year history that it was hosting the national body of NACCIMA.
Nwoga commended the national leadership for entrusting PHCCIMA with the hosting rights and pledged the Chamber’s continued commitment to advancing the objectives of the association and promoting sustainable economic growth through private sector engagement.
Fubara gave the order during his visit to the site of the collapsed building last Thursday to assess the situation.
He said the site will remain “completely sealed off” until the government gets to the “root cause” of the incident.
He described the incident as unfortunate but observed that preliminary investigation had shown that the developer had earlier refused to subject his site to inspection by the state authorities and comply with the necessary building regulations.
The governor, who inspected the site alongside the Commissioner for Physical Planning and Urban Development, Sir Amairigha Edward Hart, and the Permanent Secretary of the Ministry of Special Duties, Dabite Sokari George, explained that he couldn’t visit the site the previous day because he was awaiting formal briefing from the relevant agency of government on the situation.
“We’re here to see for ourselves the very unfortunate incident that took place here. I didn’t come yesterday because I wanted to get the report first, and the Commissioner did brief me that the incident site, first, is not as claimed by the developer, that it’s not under the jurisdiction of the state; that it’s under the jurisdiction of the Federal Housing Authority.
“He also informed me that when the project was ongoing, they came here severally to inspect what was happening and also to see the level of compliance. But unfortunately, that the developer kept claiming that we don’t have any right to interfere,” he said.
Fubara said that the issue was no longer about interference but about the life lost to the building collapse and the collateral damage brought upon the family of the deceased.
He extended condolences to the families of the victims, insisting that the incident could have been avoided if the developer had complied with the rules guiding the engineering design and construction of such a structure in the 21st century.
“We feel very sorry and very regretful that such an incident should be happening in this 21st century because technology has advanced, engineering has developed. I wonder what kind of engineer would even allow this kind of project to go on when everything about it from inception has been faulty.
“I think that at this point, nothing is going to happen on this site any more. We are going to make sure that this place is completely sealed off until we get to the root cause of this incident,” the governor said.
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