EFCC Lacks Power To Probe, Enforce Tax Payments, Says Court Wale Igbintade Justice Akintayo Aluko of the Federal High Court in Lagos has declared that the Economic and Financial Crimes Commission (EFCC) lack
Justice Akintayo Aluko of the Federal High Court in Lagos has declared that the Economic and Financial Crimes Commission lacked the authority to assume the statutory powers for the assessment, collection and enforcement of payment of taxes in Nigeria.
The plaintiff asked for the court to determine “Whether having regard to the provision of Section 8 of the Federal Inland Revenue Service Act, 2007 and Section 2 Taxes and Levies Act, 1998, it is the legal and statutory responsibility of the EFCC to undertake the assessment, enforcement and collection of taxes on behalf of the government of the Federal Republic of Nigeria.
“An Order of injunction restraining the EFCC and its agents, privies and representatives from any further interrogation, harassment, intimidation or coercion of the plaintiff and its agents into accepting unilateral assessment and enforcement of tax after the plaintiff has complied with its tax obligations through the FIRS. And the sum of N10 million against the EFCC as general damages.
The anti-graft agency also argued that it received intelligence alleging economic sabotage and tax evasion and found the same worthy of investigation. It said that the plaintiff filed the suit to shield itself against investigation and a possible prosecution, and urged the court not to give judicial support to the plaintiff.
“The exhibits attest to the claim of the plaintiff that the commission unilaterally assessed and computed the taxes solely with the sole aim of causing or coercing the plaintiff to pay such additional taxes as unilaterally assessed and calculated by the commission. “Going by the evidence before the court, I hold that the first defendant engaged in assessment of taxes based on cash flow into the plaintiffs accounts to compute, assessed additional taxes and deplored its coercive powers to compel the plaintiffs representatives and its managing director to pay its unilaterally assessed new additional taxes under the guise of investigative activities in violation of Section 8 of FIRS Act and section 2 of the Taxes and levies Act, 1998 and therefore acted...
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