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RSG, Not FIRS, Entitled To Collect VAT, Related Taxes In Rivers -Court

Published

4 years ago

August 11, 2021

The Federal High Court sitting in Port Harcourt has declared that it is the Rivers State Government, not the Federal Inland Revenue Services (FIRS), should collect Valued Added Tax (VAT) and Personal Income Tax (PIT) in the state.
The court, presided over by Justice Stephen Dalyop Pam, also issued an order of perpetual injunction restraining the Federal Inland Revenue Service and the Attorney General of the Federation, both first and second defendants in the suit, from collecting, demanding, threatening and intimidating residents of Rivers State to pay to FIRS, PIT and VAT.
Pam made the assertion while delivering judgement in Suit No. FHC/PH/CS/149/2020, filed by the Attorney General for Rivers State (plaintiff), against the Federal Inland Revenue Service (first defendant) and the Attorney General of the Federation (second defendant).
The court, which granted all the 11 reliefs sought by the Rivers State Government, stated that there was no constitutional basis for the FIRS to demand for and collect VAT, Withholding Tax (WHT), Education Tax and Technology Levy in Rivers State or any other state of the federation, being that the constitutional powers and competence of the Federal Government was limited to taxation of incomes, profits and capital gains, which do not include VAT or any other species of sales, or levy other than those specifically mentioned in Items 58 and 59 of the Exclusive Legislative List of the Constitution.
The judge dismissed the preliminary objections filed by the defendants that the court lacks jurisdiction to hear the suit and that the case should be transferred to Court of Appeal for interpretation.
Pam, who also dismissed objection raised by the defendants that the National Assembly ought to have been made a party in the suit, declared that the issues of taxes raised by the state government were issues of law that the court was constitutionally empowered to entertain.
He declared that after a diligent review of the issues raised by bothplaintiff and the defendants, the plaintiff had proven beyond doubt that it was entitled to all the 11 reliefs sought in the suit.
The court agreed with the Rivers State Government that it was the state and not FIRS that was constitutionally entitled to impose taxes enforceable or collectable in its territory of the nature of consumption or sales tax, VAT, education and other taxes or levies, other than the taxes and duties specifically reserved for the Federal Government by Items 58 and 59 of Part 1 of the Second Schedule of the 1999 Constitution as amended.
Also, the court declared that the defendants were not constitutionally entitled to charge or impose levies, charges or rates (under any guise or by whatever name called) on the residents of Rivers State, and indeed, any state of the federation.
Among the reliefs sought by the Rivers State Government, was a declaration that the constitutional power of the Federal Government to impose taxes and duties was only limited to the items listed in Items 58 and 59 of Part 1 of the Second Schedule of the 1999 Constitution as amended.
The Rivers State Government had also urged the court to declare that, by virtue of the provisions of Items 7 and 8 of the Part II (Concurrent Legislative List) of the Second Schedule of the Constitution, the power of the Federal Government to delegate the collection of taxes can only be exercised by the state government or other authority of the state, and no other person.
The state government had further asked the court to declare that all statutory provisions made or purportedly made in the exercise of the legislative powers of the Federal Government, which contains provisions which are inconsistent with or in excess of the powers to impose tax and duties, as prescribed by Items 58 and 59 of the Part I of the Second Schedule of the 1999 Constitution, or inconsistent with the power to delegate the duty of collection of taxes, as contained in Items 7 and 8 of Part II of the Second Schedule of the Constitution, were unconstitutional, null and void.
Lead counsel for the Rivers State Government, Donald Chika Denwigwe (SAN), who spoke to journalists after the court session, explained that the case was all about the interpretation of the Constitution as regards the authority of the government at the state and federal levels to collect certain revenues, particularly, VAT.
“So, during the determination of the matter, some issues of law were thrown up like, whether or not the case should be referred to the Court of Appeal for the determination of some issues.
“The court noted that the application is like asking the Federal High Court to transfer the entire case to the Court of Appeal. In which case, if the court so decides, there will be nothing left to refer back to the Federal High Court as required by the Constitution.”
According to Denwigwe, the court refused that prayer, and decided that the case was in its proper place before the Federal High Court, and was, therefore, competent to determine it.
Speaking on the implications of the judgement, Denwigwe said it was now, unlawful for such taxes as VAT in Rivers State to be collected by any agency of the Federal Government.
“In a summary, it is a determination that it is wrong for the Federal Government to be collecting taxes which are constitutionally reserved for the state governments to collect. The implication of the judgement is that the government (federal and state) as an authority under the constitution,should be advised by the judgement that it is the duty of all government authorities to comply with and obey the law so long as the court has interpreted it and said what that law is.
“So, in other words, the issue of Value Added Tax (VAT) in the territory of Rivers State and Personal Income Tax should be reserved for the government of Rivers State.”
Counsel to FIRS, O.C. Eyibo said he will study the judgment and advise his client.

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Fubara Pledges Cleaner Gateway To PH City …Visits New Dumpsite At Igwuruta

Published

1 week ago

October 24, 2025

The Tide

Rivers State Governor, Sir Siminalayi Fubara, has unveiled plans to permanently relocate the dumpsite along the busy Port Harcourt Airport–Obiri-Ikwerre Road, describing the current location as both a public health threat and a damaging first impression for visitors arriving in Port Harcourt, the State capital.

The Governor made this known on Tuesday during an inspection of a proposed replacement site, which is a disused burrow pit near Bambo Estate, off Eneka Road in Igwuruta, Ikwerre Local Government Area.

The location is being assessed as a potential permanent dumpsite for the State.

Governor Fubara, who was conducted by the Board Chairman, Rivers State Waste Management Agency (RIWAMA), Dr Samuel Nwanosike, and its Managing Director, Dr Ibimina Wokoma, expressed concern about the environmental and health challenges posed by the existing site, which sits along a major entry point into the State.

“The kind of environmental hazards that we are facing there along the Airport–Obiri- Ikwerre Road; the smell on that road being the entrance into the State, we felt it’s not proper,” he said. “So, we are making alternative arrangements so we can have a permanent refuse dumpsite that meets acceptable standards.

“He added that the government would move swiftly to formalise ownership of the land and complete construction work on the access road to make the new site functional.“We have not concluded the issue of the burrow pit, but the access road, I think the government is doing something about it.

So, I will make sure that everything that needs to be done to ensure government owns this burrow pit is done,” he stated.

Governor Fubara also commended the Rivers State Waste Management Agency (RIWAMA) for what he described as a more assertive and improved approach to managing refuse across the State.In addition to the dumpsite inspection, the Governor also visited the Permanent Secretaries’ Quarters located in Elimgbu Town, Obio/Akpor Local Government Area, to assess the extent of ongoing construction work on the facility.

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Fubara Tasks New SSG On Honour, Service, Protection Of Rivers Interest

Published

2 weeks ago

October 17, 2025

The Tide

Rivers State Governor, Sir Siminalayi Fubara, has charged the newly appointed Secretary to the State Government (SSG), Barrister Benibo Anabraba, to uphold the dignity of his office, protect the interest of the State, and discharge his duties with honour, respect, and responsibility.

Governor Fubara gave the charge during the swearing-in ceremony of the new SSG, held on Monday at the Executive Council Chambers of Government House, Port Harcourt.

Describing Anabraba’s appointment as an act of divine favour, the Governor said positions of leadership are not attained by our own human effort but by God’s grace in our lives.

“Let me first congratulate you. I’m using the word ‘congratulations’ because a few of us, not by our power but by the special favour of God, find ourselves in exalted positions. It’s not because we are the best, but only by His grace.”

Governor Fubara noted that the Office of the Secretary to the State Government is one of great honour, occupied by only a few since the creation of Rivers State, and urged the new appointee to serve with humility and dedication.

He, however, expressed confidence in Anabraba’s capacity to deliver, citing his past record as a principal officer of the Rivers State House of Assembly.

“This position is a rare privilege. Guard that office with honour. Discharge your duties with respect. Protect the interest of Rivers State. When you leave office, let it be with honour, and that only comes through responsible service.

“I know you’re a dedicated person. This opportunity is not for show or display of power. It’s a call to duty,” he cautioned.

The Governor emphasised that the current administration is focused on restoring confidence of the people because peace has been achieved in the State.

He enjoined the new SSG to align with the vision of the administration and contribute meaningfully to the collective progress of Rivers people.

“We are emerging from a very difficult period and must reassure our people that we mean well for them, especially now that peace has returned to Rivers State. By the grace of God, do your work well. Help us succeed in this assignment that God has given to us,” the Governor added.

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Nigeria’s First Lady Flags Off Renewed Hope Health Initiative In Rivers …Targets Measles, Rubella, HPV Vaccination For Children, Women

Published

2 weeks ago

October 17, 2025

The Tide

The First Lady of the Federal Republic of Nigeria, Senator Oluremi Tinubu, has reiterated her commitment to expanding vaccine coverage nationwide, declaring that the ongoing Measles and Rubella vaccination campaign in Rivers State will surpass all previous records in scope and success.

Speaking through the wife of the Rivers State Governor, Lady Valerie Siminalayi Fubara, Senator Tinubu made this statement during the flag-off ceremony of the Measles, Rubella, and HPV Vaccine Sensitisation Campaign, organised under the Renewed Hope Initiative (RHI) at the Banquet Hall, Government House, Port Harcourt on Monday.

The campaign, implemented by the RHI in collaboration with the Rivers State Primary Healthcare Management Board, C-WINS, and international partners including WHO, UNICEF, Gavi, and Vaccine Alliance, aims to protect millions of children and women from preventable diseases.

“We will leave no stone unturned to ensure that the measles vaccine coverage achieved through this campaign exceeds that of the past,” Senator Tinubu affirmed. “Through technical and financial support, this partnership will ensure that by February, 2026, well-trained staff are deployed across communities to vaccinate all eligible children.”

Rivers State is among the Fourth Stream of Phase One states participating in Africa’s largest-ever health initiative, targeting over 106 million Nigerian children for vaccination against Measles, Rubella, Polio, and HPV. The local rollout is expected to commence in February, 2026, reaching children aged 9 months to 14 years across all 23 local government areas.

Senator Tinubu highlighted the risks of the targeted diseases, describing Measles and Rubella as “highly contagious and potentially deadly,” noting that Rubella can cause severe complications for unborn babies, if contracted by pregnant women.

“The best way to prevent both diseases remains vaccination,” she emphasised.

Narrowing down to efforts by the Rivers State Ministry of Health, the State Primary Healthcare Development Agency, and the State Task Force on Primary Healthcare, led by Deputy Governor, Prof. Ngozi Nma Odu, she noted how instrumental it has been in ensuring comprehensive outreach through an inter-sectoral approach involving education, women affairs, information ministries, traditional and religious leaders, and the security sector.

Senator Tinubu urged parents and caregivers to cooperate fully with health workers.

“The Measles-Rubella vaccine is safe, effective, and free in all our health centres. Please, ensure your children are vaccinated at the right time to protect them from these deadly infections.

“Let us all play our part in spreading awareness. Together, we can safeguard the health and future of our children,” she said, before formally declaring the sensitisation programme open.

In her goodwill message, Deputy Governor, Prof. Ngozi Nma Odu, commended the Renewed Hope Initiative for its sustained impact in Rivers State, noting that the Measles, Rubella, and HPV Sensitisation Programme marks “a significant step in promoting public health awareness, particularly among women and children.”

She highlighted the particular benefit to the girl-child through HPV vaccination, calling it “an investment in their future health and empowerment.”

The Rivers State Coordinator of WHO, Prof. Giwa Abdulganiyu, praised the collaboration between RHI and the State Government, describing the campaign as “a worthy step in the right direction,” and reaffirmed WHO’s continued partnership in achieving health for all.

Earlier, the RHI Rivers State Coordinator, Mrs. Tonye Briggs-Oniyide, welcomed guests, and reaffirmed the initiative’s goal of reducing the incidence of Measles and Rubella in the state.

“These diseases have the potential to cause emergencies and great distress in families. Today’s flag-off represents our collective determination to raise awareness and prevent such tragedies,” she added.