Connect with us

Government

FG Asks Lagos to Refund Billions of Naira Collected in Wharf Landing Fees

Published

on

NEPC
  • FG Asks Lagos to Refund Billions of Naira Collected in Wharf Landing Fees

The federal government has asked the Supreme Court to declare the Lagos State Wharf Landing Fees Law No 5 of 2009 unconstitutional and to order the state to refund all the monies collected through the law.

The law was passed in 2009 when Babatunde Fashola, now the Minister for Power, Works and Housing, was the state governor. It imposes levies which vary from N1,000 to N3,000 on consignments transported from Lagos ports into the local government areas of the state.

In an originating summons filed on behalf of the federal government by Mr. Olisa Agbakoba (SAN), the Attorney General of the Federation asked the court to declare that the state has no power to make law on any maritime, shipping and navigation matter including ‘Wharf Landing’ which are exclusively reserved for the federal government in item 36 of the Exclusive Legislative List, Part 1 of the Second Schedule of the 1999 Constitution.

The federal government also asked for an order directing Lagos State to account, refund and pay to it all the sums it has charged, received and collected pursuant to the implementation of the Wharf Landing Fees Law. It put the refunds at billions of naira.

The federal government also wants the apex court to authorise it to deduct the accounted sum from the statutory allocation due to the state from the Federation Account.

In a brief filed in support of the originating summons, Agbakoba argued that the intent and purpose of the Wharf Landing Fees Law, “is very clear from the nature of the law itself; which is to levy taxes and tariffs on goods and consignment imported from overseas through the sea ports in the state.”

According to him, the law encroaches on the powers of the federal government to collect import duties and customs duties.

The case was filed during the tenure of President Goodluck Jonathan and it will come up today at the Supreme Court for hearing. Giving the relationship between the present leadership of the federal government and the state government, it is not clear yet if the case will go ahead or be discontinued.

However, in a counter-affidavit deposed to by Olanrewaju Akinsola who was then the Senior Special Assistant to the Governor of Lagos State on Justice Sector Reform, Lagos said it had the power to authorise relevant local government councils to collect the fees in areas outside the jurisdiction of the ports authority, pursuant to Section 7 of the 1999 Constitution.

The state also said the law was aimed at stopping the incidence of multiple and illegal taxes in Lagos, adding that prior to the enactment of the law, several local government areas engaged in indiscriminate imposition of levies on vehicles carrying goods and equipment in a bid to ameliorate the damage caused to their infrastructure by heavy traffics, especially those coming from the ports.

It stated that the Joint Tax Board approved the collection of the fees by Apapa Local Government Area of the state from 2002, and exhibited the letter of approval in its defence.

The state also said: “The Federal Ministry of Finance, by its letter dated 16 January, 2002 also approved the recommendation of the Joint Tax Board empowering Apapa Local Government to change and administer wharf landing fees.” It also attached a copy of the approval letter from the finance ministry.

In a letter to the then AGF, Mr, Bello Adoke (SAN), Lagos State explained that the law did not seek to regulate any activity within federal ports.

The letter which was written by Olasupo Shasore (SAN), who was then the state Attorney General and Commissioner for Justice, read in part: “The Wharf Landing Fee was enacted pursuant to paragraphs 9-10 of the Concurrent Legislative List, Part II of the Second Schedule to the Constitution.

“Apart from the issue of constitutionality, it is also important to draw your attention to the inappropriateness of your solicitors, Olisa Agbakoba and Associates acting as counsel to the AGF in the matter at the Supreme Court. The law firm is a counsel to Hermonfield Limited, a sub-contractor of the collecting agent appointed by the state government to collect wharf landing fees. The bona fide of the law firm is suspect as this case appears to have been filed after failure of an attempt to foist the sub-contractor on the state government.”

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

Continue Reading
Comments

Government

Netanyahu Stands Firm as US Halts Bomb Shipment Over Rafah Invasion Warning

Published

on

Netanyahu

Amidst escalating tensions between Israel and the United States, Israeli Prime Minister Benjamin Netanyahu has adopted a defiant stance following the US decision to halt a shipment of bombs and warned against Israel’s potential invasion of the southern Gaza city of Rafah.

In a bold statement, Netanyahu declared, “If we have to stand alone, we will stand alone,” emphasizing Israel’s resolve to pursue its objectives despite opposition.

The Prime Minister’s comments, delivered via social media and a subsequent interview with American talk show host Dr. Phil, underscore Israel’s determination to address security threats posed by the Gaza Strip, particularly by Hamas militants operating in Rafah.

Netanyahu reiterated the necessity of military action in Rafah to eliminate the remaining Hamas battalions, condemned Hamas’s history of violence and reiterated Israel’s commitment to achieving victory and ensuring the safety of its citizens.

The US administration, led by President Joe Biden, expressed concerns over the potential humanitarian impact of an Israeli invasion of Rafah, prompting the decision to withhold additional offensive weapons shipments to Israel.

Biden’s statement echoed broader international apprehensions about the escalation of violence and civilian casualties in the conflict-stricken region.

However, Netanyahu remained resolute in Israel’s approach, asserting the country’s right to defend itself against security threats. He emphasized Israel’s efforts to minimize civilian casualties and facilitate the evacuation of civilians from Rafah before any military action.

Despite the US’s decision to pause the bomb shipment, Netanyahu affirmed Israel’s commitment to its longstanding alliance with the US. He acknowledged past disagreements between the two nations but expressed optimism about resolving current tensions through dialogue and cooperation.

In response, White House officials reiterated the US’s support for Israel’s security while urging restraint and emphasizing the need to avoid actions that could exacerbate the humanitarian crisis in Gaza.

The administration clarified that the decision to halt the bomb shipment was aimed at preventing potential civilian casualties in Rafah.

The confrontation between Israel and the US underscores the complexity of navigating regional conflicts and balancing strategic interests. As tensions persist, both nations face the challenge of reconciling their respective security imperatives with broader humanitarian concerns, seeking to avert further escalation while addressing the root causes of the conflict in the Middle East.

Continue Reading

Government

EFCC Declares Former Kogi Governor, Yahaya Bello, Wanted Over N80.2 Billion Money Laundering Allegations

Published

on

Yahaya Bello

The Economic and Financial Crimes Commission (EFCC) has escalated its pursuit of justice by declaring former Kogi State Governor, Yahaya Bello, wanted over alleged money laundering amounting to N80.2 billion.

In a first-of-its-kind action, the EFCC announced Bello’s wanted status in connection with the alleged embezzlement of funds during his tenure as governor.

The commission, armed with a 19-count criminal charge, accused Bello and his cohorts of conspiring to launder the hefty sum, which was purportedly diverted from state coffers for personal gain.

The declaration of Bello as a wanted fugitive came after a series of failed attempts by the EFCC to effect his arrest.

Despite an ex-parte order from Justice Emeka Nwite of the Federal High Court, Abuja, mandating the EFCC to apprehend and produce Bello in court for arraignment, the former governor managed to evade capture with the reported assistance of his successor, Governor Usman Ododo.

This latest development shows the challenges faced by law enforcement agencies in holding powerful individuals accountable for their actions.

However, it also demonstrates the unwavering commitment of the EFCC to uphold the rule of law and ensure that justice is served, irrespective of the status or influence of the accused.

In response to the EFCC’s declaration, the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, issued a stern warning to Bello, stating that fleeing from the law would not resolve the allegations against him.

Fagbemi urged Bello to honor the EFCC’s invitation and cooperate with the investigation process, saying it is important to uphold the rule of law and respect the authority of law enforcement agencies.

The EFCC’s pursuit of Bello underscores the agency’s mandate to combat corruption and financial crimes, sending a strong message that individuals implicated in corrupt practices will be held accountable for their actions.

Continue Reading

Government

Concerns Mount Over Security as National Identity Card Issuance Shifts to Banks

Published

on

NIMC enrolment

Amidst the National Identity Management Commission’s (NIMC) recent announcement that the issuance of the proposed new national identity card will be facilitated through applicants’ respective banks, concerns are escalating regarding the security implications of involving financial institutions in the distribution process.

The federal government, in collaboration with the Central Bank of Nigeria (CBN) and the Nigeria Inter-bank Settlement System (NIBSS), introduced a new identity card with payment functionality, aimed at streamlining access to social and financial services.

However, the decision to utilize banks as distribution channels has sparked apprehension among industry stakeholders.

Mr. Kayode Adegoke, Head of Corporate Communications at NIMC, clarified that applicants would request the card by providing their National Identification Number (NIN) through various channels, including online portals, NIMC offices, or their respective banks.

Adegoke emphasized that the new National ID Card would serve as a single, multipurpose card, encompassing payment functionality, government services, and travel documentation.

Despite NIMC’s assurances, concerns have been raised regarding the necessity and security implications of introducing a new identity card system when an operational one already exists.

Chief Deolu Ogunbanjo, President of the National Association of Telecoms Subscribers, questioned the rationale behind the new General Multipurpose Card (GMPC), citing NIMC’s existing mandate to issue such cards under Act No. 23 of 2007.

Ogunbanjo highlighted the successful implementation of MobileID by NIMC, which has provided identity verification for over 15 million individuals.

He expressed apprehension about integrating the new ID card with existing MobileID systems and raised concerns about data privacy and unauthorized duplication of ID cards.

Moreover, stakeholders are seeking clarification on the responsibilities for card blocking, replacement, and delivery in case of loss or theft, given the involvement of multiple parties, including banks, in the issuance process.

The shift towards utilizing banks for identity card issuance raises fundamental questions about data security, privacy, and the integrity of the identification process.

With financial institutions playing a pivotal role in distributing sensitive government documents, there are valid concerns about potential vulnerabilities and risks associated with this approach.

As the debate surrounding the security implications of the new national identity card continues to intensify, stakeholders are calling for greater transparency, accountability, and collaboration between government agencies and financial institutions to address these concerns effectively.

The paramount importance of safeguarding citizens’ personal information and ensuring the integrity of the identity verification process cannot be overstated, especially in an era of increasing digital interconnectedness and heightened cybersecurity threats.

Continue Reading
Advertisement




Advertisement
Advertisement
Advertisement

Trending