Business
VAT Controversy: SANs Carpet AGF

Some Senior Advocates of Nigeria (SANs) have faulted the Attorney General of the Federation, Abubakar Malami over his position on the Value Added Tax (VAT).
Malami had said that the controversial VAT that has, in the last one month, pitched the state governments against the Federal Inland Revenue Service is in the exclusive list in the Nigerian Constitution.
Two SANs, Chief Mike Ozekhome and Ifedapo Adedipe, however faulted the AGF, saying contrary to Malami’s claim, VAT is in the residual list and is strictly within the purview of state governments.
“He (Malami) is dead wrong. There is nowhere VAT is reflected as a matter within the exclusive or concurrent list in the constitution of Nigeria.
“If anything, it is residual and is strictly within the purview of state government in our federal set-up.
“As of today, there is a judicial pronouncement on it by the Federal High Court, Port Harcourt, to the effect that only states can collect and administer VAT.
“That remains the legal position today. Until that judgment is probably set aside, that remains the law of the land. The mere statement by the Attorney General cannot alter this truism”, Ozekhome said.
On his part, Adedipe had warned against politicising a serious constitutional issue such as VAT.
He said, “Is this in the 1999 Constitution or a new one? Which number or section? Let him (AGF) state it. It is not enough to say it.
“I am not aware that VAT is on any exclusive list of the Constitution of the Federal Republic of Nigeria.
“Second, he (AGF) is a defendant in the case, he should come to the court and put this across. It is not something he should give a press statement or side comments about. It is a very serious constitutional issue and therefore should not be politicised. Since we are before the appellate court, let us leave it there”.
It would be recalled that the River State Governor, Chief Nyesom Wike, had secured a pronouncement of the Federal High Court, Port Harcourt to the effect that only states can collect and administer VAT.
Southern governors have supported the position of Lagos and Rivers states that states should collect VAT, even though some northern governors led by the Kaduna State governor, Mallam Nasir El-Rufai are kicking against it.
At least, five states including Rivers, Lagos, Ogun, Ekiti and Akwa Ibom are on the verge of enacting laws that will enable them to collect VAT in their states.