The Federal High Court sitting in Lagos has struck out a N3bn elementary rights enforcement swimsuit filed by telecommunications agency, MTN Nigeria, in opposition to the Attorney General of the Federation, Abubakar Malami (SAN).
Justice Chukwujekwu Aneke struck out the swimsuit after being informed by Malami’s Counsel, Habibat Ajana that the AGF by a letter dated January 8, 2020, had reviewed the problem in opposition to MTN and determined to withdraw its demand letter for a $2bn tax.
MTN’s lead counsel, Chief Wole Olanipekun (SAN), responded by saying that having withdrawn the demand letter, his shopper would drop its elementary rights swimsuit in opposition to the AGF.
Justice Aneke, due to this fact, struck out the swimsuit.
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In the swimsuit, MTN had requested the courtroom to award N3bn in opposition to the AGF for rights infringement.
The telecommunications agency filed the swimsuit to problem an August 20, 2018 letter written to it by the AGF, demanding $2bn alleged unremitted tax.
The AGF in its letter had accused the MTN of unpaid taxes on overseas funds and imports and had subsequently requested it to pay roughly $2billion in relation to the taxes.
Through its counsel, Olanipekun, MTN had argued that the AGF acted past his powers and violated the provisions of Section 36 of the structure on honest listening to with “the purported revenue assets investigation” he carried out on the agency’s actions from 2007 to 2017.
MTN had additionally challenged the AGF’s authority to take care of points round tax and customs duties which it stated must be the accountability of the Federal Inland Revenue Service (FIRS) and Nigerian Customs Service (NCS).