The judgment by Justice Stephen Pam of the Federal High Court in Port Harcourt on the lawful authorities to collect Value Added Tax (VAT) and Personal Income Tax (PIT) has continued to provoke fundamental issues in our polity. The court had on August 8, this year, maintained that only the Rivers State Government and not the Federal Inland Revenue Service (FIRS) was authorised to collect VAT in the state.
Pam had afterwards dismissed FIRS’ application for a stay-of-execution, holding that granting it would invalidate the principle of fairness. That prompted the Rivers House of Assembly to pass a bill on VAT collection. Rivers State Governor, NyesomWike, has also assented to the bill, making now a law in the State. Lagos State has followed suit while many other states have initiated processes of making similar laws in their states.
This goes hand in hand with the fiscal federalism that Nigerians have been calling for all along. Obviously, the VAT law will contribute enormously to an increase in revenue and to the development of infrastructure in the states.
However, soon after the passage of the VAT legislation, a three-man panel of the Court of Appeal sitting in Abuja led by Justice HarunaTsammani, in an appeal filed by the FIRS, ordered all parties to maintain the status quo and refrain from acting in a way that would give effect to the VAT judgment of the Federal High Court. But the stay-of-execution order by the court was mucked up in contention, with some legal experts including Mike Ozekhome (SAN) interpreting it to mean that Rivers State still had the power to collect VAT until determined otherwise.
But in a fresh twist, the Rivers State Government has entered an appeal at the Supreme Court to challenge the order of the Court of Appeal in the VAT dispute between the state and the FIRS. In the suit instituted by a Senior Advocate of Nigeria (SAN), Emmanuel Ukala, alongside three other senior lawyers representing the government, the state is imploring the apex court to set aside the order of the Court of Appeal which directed it to maintain the status quo on the collection of the contentious VAT pending the determination of an appeal filed by the FIRS.
It must be observed that the impudence and impunity earlier demonstrated by the federal agency in compelling firms in the state to remit VAT to it despite losing out in an application for a stay at the High Court are disgusting and reproachable. That act or the thought of it was ill-advised and provocative. Indeed, if the state had followed suit in implementation of the State’s Law on VAT, it would have created a state of anarchy and those who like to blow up issues to paint the state in unsavoury terms to run it down and favour their paymasters would have had a field day.
We therefore salute Governor Nyesom Wike and the State Government for the restraint and maturity exhibited in this matter despite the obvious provocation. As a Federal Government agency, FIRS must constantly ensure that its operations are regulated by the rule of law. After all, Rivers State acted in its right to demand and collect VAT and approached the court for relief and got it. FIRS cannot determine what court order to obey or ignore.
As the feud exacerbates over the VAT collection, the Federal Government has similarly approached the Supreme Court for an ultimate resolution of the row. What is ambiguous in this latest action is whether the suit will not amount to an abuse of court process, as it is already before the Court of Appeal for determination. Also, it is doubtful whether the apex court will assume jurisdiction in the trial, since it had declined magistracy in a related matter between Lagos State and the Federal Government.
Lagos State had sued the Federal Government in 2014, seeking a ruling to repeal the VAT Act because it was outside the legislative remit of the federal authorities to collect the tax. The court, however, ruled in favour of the preliminary objection of the Attorney General of the Federation that the Supreme Court lacked original jurisdiction in the matter as it was a dispute between a federal agency and Lagos State and not between the government in Abuja and the Lagos State Government. This is on the basis that VAT is collected by the FIRS, a federal agency.
Again, it emerged recently that the House of Representatives was contemplating legislation that would further empower states to receive VAT and as well control the resources domiciled in their territory. The bill is titled “An Act to Alter Item 39, Part 1 of the Second Schedule of the 1999 Constitution as Amended to Substitute and Move the Item from the Exclusive Legislative List to the Concurrent Legislative List”, co-sponsored by Hassan Usman Sokodabo and John Dyegh. This move might upset the applecart, as it is bound to strengthen the states in their dispute with the Federal Government.
Just as the disputations rage with court litigation, we uphold the cutting-edge action of legislators from the House of Representatives to side with the states. We recall reported attempts by the Federal Government and its agents in the wake of the VAT controversy to smuggle a bill into the National Assembly to place VAT collection on the Exclusive List. Governors should therefore give countenance to their representatives in the National Assembly in their quest for states to be self-sustainable.
The arguments made in certain quarters that collection of VAT by the states will impoverish many others in the federation are insufficient and do not hold up. Rather, it will promote the establishment of a suitable fiscal federalism.
We believe that the Rivers State Government has a strong case in the current legal wrangling and will surely attain justice if the matter is well adjudicated. Since the essence of the disagreement is about equity, justice and fairness, we also expect that the final court decision on the issue will also enrich the country’s jurisprudence and reinforce how citizens understand and partner with the law.
Indeed, the most outstanding message from the VAT judgment is that the instrumentality of the law which Governor Nyesom Wike exploited can be applied to correct many of the hoarded and accumulated wrongs in our federal structure. The Federal High Court judgment already indicates that the Federal Government has been exercising powers it does not have.
It is patently erroneous that the federal authorities impose VAT on the same goods and services, upon which state authorities still demand ‘state tax’. We likewise think as it is in diverse climes, that the tax on consumption which VAT represents cannot be collected by the Federal Government. We equally question the justification for distributing the proceeds of VAT generated from the sales of alcohol with states that have not only prohibited its consumption, but wilfully obliterate the products.
While we deplore the infinite recourse to ethnic baiting by those who define every question in North-South rhetoric, and perhaps, muddling the waters on the VAT judgment, this is the moment for the FIRS to turn on its thinking cap on how to cope with declining revenues beyond battling for every crumb with the states. The lesson the government in Abuja ought to learn from the reactions to the VAT judgment is any tax system that fails to meet the twin stipulations of efficiency and equity in a disparate nation such as Nigeria cannot survive.
Sylvester’s Death: Let Justice Prevail
In a media report, his parents alleged that he was given a substance to drink by those who dealt with him. It was leant that five students were mentioned by the deceased to have been allegedly involved in giving him injuries before he died a week ago.
Dowen College, his former school, in a statement claimed that the deceased sustained injuries while playing football and was treated at the school’s sick bay. The college denied that he was not bullied by any student and said it had carried out a preliminary investigation that they claimed revealed that there was no case of bullying. The school also claimed that its policies were anti-cultism.
Dowen authorities should intensify efforts in unraveling those involved in the act if really the story is true. This is because no parent can be happy that after entrusting a child to a care giver, at the end of the day, that parent is told funny stories about the child.
Like the college claimed, if Sylvester had an injury from playing football and the school knew it could not handle the treatment properly, the parents should have been invited. Some of us have our wards in boarding schools and any situation that is above their care warrants parents’ attention, be it academic, health or social.
One of the reasons for choice of boarding schools for students is concentration and good moral upbringing as some of them can easily be distracted when they attend day schools. When parents hand over their wards to schools, they expect good news at the end of the day.
It is unacceptable and shocking that a parent sends his or her child to a school while toiling day and night to raise school fees and it turns out to be a waste. As far as secondary school education is concerned, no student should claim seniority to bully another, no matter the level of provocation. Simply, reports should be sent to house masters and mothers to settle whenever there is misunderstanding between students, especially in the dormitories. College authorities have the right to correct erring students though mildly.
The level to which a school can handle a child’s problems is limited; otherwise when serious issues come up, parents should be asked to pick up the child for more care.
I wonder why cult activities should be allowed to take place in schools under the watch of school heads. There must be proper check on students’ activities in the dormitories from time to time to fish out those who are not serious with the mission of being in boarding schools.
If truly Sylvester was given a substance which may have peeled his lips and gone to the extent of destroying his internal organs, where were the house masters? If in a school block, what about the teachers? Wherever the students may find themselves within the school environment, there must be a staff responsible for their activities.
The Federal Ministry of Education, Lagos State Ministry of Education, Lagos State Universal Basic Education Board and all relevant stakeholders, including security agencies and civil society groups should ensure that the truth about what happened to Sylvester is made public. Every child has the right for social protection.
About a year ago, the case of Don Davies, a former student of Deeper Life High School, Uyo in Akwa Ibom State, came up although he never died. His case was also about bullying and malnutrition.
If Master Davies, for instance, was not taking care of himself and personal belongings, he shouldn’t have been handed over to the senior students. The housemaster should have invited the mother. There is no doubt that there are things a school cannot handle for the children.
You discover that some of the students, especially new intakes, find it difficult to cope in boarding schools being their first time of leaving home. When you talk about malnutrition, some of them walk sluggishly to the refectory and sometimes reject a particular meal due to some inexcusable reasons. The truth is that when a child continues to skip meals, he or she must look malnourished.
If the information released by the deceased’s father on the social media is anything to go by, that the late son was given a harmful substance to drink, how did the five students get that in school?
We are in a digital era, parents and care givers should put more efforts at checking the activities their children are involved in. Are there no CCTV cameras in that school?
It is a welcome development as the Lagos State Government has shut down Dowen College due to the death of Oromoni who was allegedly maltreated by his seniors while investigation into the cause of his demise continues.
Earlier in the year, a 14-year old female student of Premier Academy, Lugbe in Abuja, who died of sepsis, is another case that cannot be forgotten soon. In her case, a substance was allegedly found inside of her which nobody knew what or who was responsible for that. It was reported that she could not explain anything about that before she died. One may not also know whether it happened in school or at home.
Cases like these call for concern because each time they occurred, there won’t be good explanation concerning the ugly incidents. It is surprising that students under various schools watch will be suffering all manner of assaults that can lead to death.
Colleges should be able to give account of their students whether in boarding or day school. Parents cannot continue to lose children in that manner. Children that would have been reared from infancy with high cost of education to the level where they can express themselves cannot be lost like that. Whenever similar incidents occur, thorough investigations should be carried out so that erring students can be punished to serve as deterrent to others.
Furthermore, there should be proper and regular monitoring and supervision of both public and private colleges, boarding or day in Nigeria by officials from both state and federal educational bodies; finding out the performance and attitudes in various schools. We are aware of attitudinal or behavioral change in students so it is important for relevant authorities to do the needful.
A lot of students may be suffering in silence since they may not be able to speak out, parents should always interview their wards especially the girl-child. We are talking about the ones that have been made public; there can be hidden ones which they may be apprehensive to speak about.
It is high time stringent measures were put in place by stakeholders in education to curb the menace of bullying, cultism and assault in our schools.
I am not debating whether boarding is better than day school, what we should be talking about first is consoling Sylvester’s parents. Investigation should continue till the cause and those were involved are unraveled. If names have been mentioned, they should be interrogated with their parents, although their parents were not in the college when the ugly incident occurred.
In fact, from now, college authorities and care-givers must be aware of happenings in the dormitories. Parents are out there toiling to ensure school fees are available. Who said there is no bullying in day schools? Pray it shouldn’t happen to anyone.
Let’s stop here as investigation into what exactly happened to Sylvester continues.
By: Eunice Choko-Kayode
WDP: Underscoring Importance Of Harmony
On September 21 each year, the International Day of Peace is celebrated globally. Also known as the
World Day of Peace, the occasion aims to crystallize peace among nations by regularly observing non-violence and ceasefire. It is a time devoted to facilitating international support for building a rhythmic and viable world. Besides living in peace, the day is intended to motivate individuals and nations to recognise the full puissance of global unity.
The 2021 theme for the International Day of Peace is “Recovering Better for an Equitable and Sustainable World”. The objective is to help everyone to recover better, transform the world into a place that is more proportional, healthier, sustainable and just.
Lately, there has been a reanimation of prejudice, hostility and stigma all over the world that has taken more lives rather than preserve them. As the world recovers from the Covid-19 pandemic, the day presents the occasion to reflect on how to encourage everyone to recoup better, bolster resilience, and revolutionise the world into one that is more equal, just, equitable, inclusive, sustainable, and stronger.
The pandemic is especially affecting underprivileged and marginalised groups. It was reported that by April 2021, over 687million doses of Covid-19 vaccine had been administered worldwide, but over 100 countries had not received a single dose. Those caught up in conflicts are particularly unlikely to have access to health care.
Moreover, while reinforcing harmony among countries, we must make peace with nature. This is because climate modification is not on recess and the demand for the moment is to evolve a green and sustainable global economy that provides jobs, reduces greenhouse gas emissions, and inculcates resilience to the ever-increasing climate impacts.
In line with the UN Secretary-General’s demand for a global ceasefire, in February 2021, the Security Council reached a resolution calling for member-states to uphold a “sustained humanitarian pause” to local conflicts. It is crucial to abide by the call for the global ceasefire to ensure that those caught in conflict have access to life-saving vaccines and medicines.
In 1981, the United Nations General Assembly (UNGA) designated the third Tuesday in September as World Day of Peace. This was the first day of the regular session of the General Assembly. Subsequently, in 2001, September 21 was proclaimed the International Day of Peace. This is a day to lull, reflect and consider the best way to break the vicious circle of violence that conflict produces.
As the world commemorated last Tuesday, the giant of Africa, sadly, continues to wade through a series of crises that have diminished the level of peace in the country. According to the 2018 Global Peace Index (GPI), the nation ranks 148th out of 163 countries in the global ranking for peace. The GPI, which is the world’s leading measure of global peacefulness, assesses the state of peace using three thematic domains: the level of societal safety and security; the extent of ongoing domestic and global conflict; and the extent of militarisation.
Besides Cape Verde, Nigeria is the least peaceful nation in West Africa. In the 44 countries in sub-Saharan Africa identified in the report, Nigeria ranks 40th. This makes it one of the five least peaceful nations on the continent. Also, the Boko Haram insurrection, which began in 2009, has led to massive displacements of people in the North-East of the country.
Aside from the Boko Haram/ISWAP insurgency, intense disputes between farmers and herders have killed many Nigerians and displaced a record number of persons, especially in the North-Central. According to the Global Terrorism Index (GTI), Fulani herdsmen undertook more assaults and were answerable for more deaths than Boko Haram in 2016. Both lethal groups are the most considerable security threats Nigeria has faced over the years.
Political, ethnic, and religious divide renders Nigeria’s institutions ineffectual in handling crises such as violence, poverty, family disintegration, and widespread corruption. We need to cultivate optimism as a people with a common objective of tranquility. Time has come for the government and Nigerians to work together to find lasting solutions to these issues to build a stronger nation for posterity.
Nigerians should ignore divisive comments and embrace peace for the good of the country. We must make sacrifices as the nation recovers from the challenges that stand in the way of stability. No nation can flourish and realise its full potential in the midst of conflict; therefore, Nigeria needs to be put first for progress and advancement. This is the moment to unite to build effective and inclusive institutions.
This year’s International Peace Day is a keepsake to the Nigerian government at all levels to intensify efforts in combating insecurity and create enabling environments through good governance for socio-economic growth and expansion, economic opportunities and poverty alleviation. This will positively ensure an enduring cordiality and peaceful cohabitation among all tribes and persons in the country.
Here in Rivers State, the significance of peace cannot be overemphasised, as according to the Deputy Governor, Dr Ipalibo Harry Banigo, “Progress and development cannot thrive in an atmosphere of bitterness and rancour. It, therefore, behoves on all residents to keep the peace at all times to fast track the development agenda of the Governor Nyesom Wike-led administration.” In her Goodwill Message to mark the day, Banigo reiterated the need for all residents in the state to live peacefully with their neighbours in order to attract more development projects to all nooks and crannies of the state.
We note that since the inception of the Wike-led government in 2015, issues of communal clashes triggered by land boundary disputes have drastically reduced, and the State Boundary Commission has adjudicated on a number of volatile land boundary disagreements, which have engendered peace in communities. Besides, the government has partnered with community leaders, including traditional rulers, women and youth leaders, and community development committees (CDCs) to drive peace and harmony in communities as a cardinal ingredient of governance.
For us, the present administration has done so much to promote peace and unity. It is, therefore, essential that all residents of the state join hands with the government to sustain the peace so that recovery from the pandemic can be faster, and the resilience to build a better, stronger state in line with the NEW Rivers Vision achieved.
As Nigeria Marks World Literacy Day!
On September 8, Nigeria joined the rest of the world to commemorate the International Literacy Day. The day, which is celebrated to remind the public of the importance of literacy as a matter of dignity and human rights, and to advance the literacy agenda towards a more literate and sustainable society was first celebrated in 1967.
Observed by all United Nations (UN) member states, it was declared by the United Nations Education, Scientific and Cultural Organisation (UNESCO) on October 26, 1966 at the 14th Session of UNESCO’s General Conference.
According to the world body, the theme for the celebration this year is “Literacy for a human-centred recovery: Narrowing the digital divide”, in keeping with the unparalleled level of disruption caused by the Covid-19 pandemic to teaching and learning.
UNESCO notes that about 773 million people in need of access to literacy learning opportunities were adversely affected as many initial response plans to the pandemic did not include them with schools’ closure disrupting the education of 62.3 per cent of the world’s student population of 1.09 billion while “The rapid shift to distance learning also highlighted the persistent digital divide in terms of connectivity, infrastructure, and the ability to engage with technology, as well as disparities in other services such as access to electricity, which has limited learning options.
“The pandemic, however, was a reminder of the critical importance of literacy. Beyond its intrinsic importance as part of the right to education, literacy empowers individuals and improves their lives by expanding their capabilities to choose a kind of life they can value. It is also a driver of sustainable development. Literacy is an integral part of education and lifelong learning premised on humanism as defined by the Sustainable Development Goal 4. Literacy, therefore, is central to a human-centred recovery from the Covid-19 crisis.”
The 2021 celebration also aims at exploring “what makes technology-enabled literacy learning inclusive and meaningful to leave no one behind,” while providing the opportunity to reconceptualise future literacy and learning, within and beyond the context of the pandemic.
Clearly, Sustainable Development Goal 4 has as one of its targets ensuring all young people achieve literacy and numeracy and that adults, who lack these skills are given the opportunity to acquire them, just as the UN’s Sustainable Development Agenda, adopted by world leaders in September 20‘5, promotes universal access to quality education and learning.
Available data indicates that Nigeria which had a literacy rate of 70.20% in 2006 declined to 62.02% in 2018 while other African countries like Gabon had 90%, Zambia 86.75%, Kenya 81.54%, Congo Republic 82%, Ghana 79.04%, Cameroon 85.07% and Morocco 73.75% respectively. This is as other countries in the world like Cuba, Georgia, Estonia, Cyprus, Croatia, Balarus and China, amongst others had 100% literacy rate.
There is no indication that the percentage of the population age 15 and above who can read and write, with understanding, has since improved owing to the prevailing myriad of challenges experienced in the country, including the advent of the Covid-19 pandemic.
The Tide thinks that the 2021 International Literacy Day celebration should be an occasion for sober-reflection, stock taking and a time for harnessing necessary resources and energies towards strengthening the educational system in the country by the Federal Government, sub-national administrations and well-meaning corporate bodies and individuals.
The fact cannot be overstated that the high rate of illiteracy partly accounts for the low level of socioeconomic development of Nigeria as the growth of any nation depends on the quantity and quality of its individual citizens.
While we acknowledge that government at various levels have not been negligent on the issue of improving the literacy level in the country, the fact remains that there are yawning gaps to bridge if our nation will not remain imperiled by the obvious consequences of our huge illiterate population that unscrupulous elements have taken advantage of to put our fatherland in mortal danger.
There is no doubt that funding for the educational sector in the country needs to significantly improve. Admittedly, government cannot do it alone, but it must provide the greatest motivation and drive. An adequately funded free and compulsory educational policy is the way to go because an investment in both formal basic education, youth and adult literacy and non-formal education that ensures that children, youth and adult have access to adequate educational opportunities will help them develop their literacy skills and make Nigeria a safer and more prosperous nation.
There is no greater evil that has been unleashed upon our country than the armed attacks on our educational institutions and the seemingly intractable wholesale kidnap of school children from educational sanctuaries.
Nothing will be more befitting to present to Nigerians than the assurance of a safe, secure and conducive teaching and learning environment on this auspicious occasion. It is the only way to demonstrate the existence of a government that is working for an assured brighter future for our country and justify Nigeria’s celebration of the World Literacy Day.
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