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Court orders sale of tax evaders’ properties to defray N35.9m debt

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BY: Sandra Ani

The Federal High Court, Abuja, has ordered of sale two landed properties belonging to two tax evaders, Zaibadari Company Limited and Tradecraft Nigeria Limited, to defray N35.9 million tax debts.

The court granted the sale order following prayers by the Federal Inland Revenue Service (FIRS) to allow it sell the landed properties of the two firms to defray the tax liabilities which amounted toN18. 8 million against Zaibadari and N17.1 million against Tradecraft.

FIRS approached the court for an order to sell the properties after the two firms failed to honour a series of demand notices issued to pay their outstanding tax liabilities.

In moving the court to grant the order, counsel to the FIRS, Collins Ugwunebo, told the court that Zaibadari was indebted to the FIRS to the tune of N18. 8 million, while Tradecraft owed the Service N17.1 million in 2015.

FIRS issued and served demand notices on the two firms and gave them 30 days within which to pay arrears of taxes to the FIRS. Both firms failed to pay within 30 days the arrears of taxes within 30 days.

FIRS relied on Section 33(2) of the Federal Inland Revenue Service, Establishment Act, 2007 and served Warrants of Distraint on the respondents giving them 14 days to pay the tax due or risk the sale of their properties to settle the tax debt.

Despite the Warrants of Distraint served on the two companies, both failed to pay the tax arrears. This led to the two suits against Tradecraft and Zaibadari.

On 17 October 2018, FIRS complied with the order of the court that it should run adverts in the LEADERSHIP newspaper to serve Zaibadari through substituted means.

Ugwunebo, in an affidavit, told the court that Zaibadari’s assessment was based on 20 per cent of N62,675, 200 million which was the “deemed profit of the respondent (Zaibadari) landed property located at Plot 551 Wuye B03, FCT Abuja, valued at N313,3376,000 million.”

On March 23, 2019, Justice A. I Chikere ruled: “Despite the service of process on the respondent’s company, it refused, neglected and failed to state its side of the case nor have counsel appear on its behalf to state its case.

“It is trite law that an averment in an affidavit which is not challenged or controverted is deemed admitted as true. See DIGAL vs NACHANG (2005) All NWLR (pt240) pg 41 at 46. Also in the case of ATAMAH & ANOR vs EBOSELE & ORS (2018) LPELR 3825 where the court held that in the nature, a party who has or has every opportunity to present its case before the court and who fails to do so cannot be heard to complain.

“The court is bound to believe the affidavit in support of application to the effect that the respondent is a tax evader and in default of its tax obligation to the applicant.

“Accordingly, an order for the sale of landed property the respondent located at Plot 551, Wuye B03 FCT is hereby made to satisfy her arrears of tax N18,802,560.00 (eighteen million eight hundred and two thousand five hundred and sixty naira only.

Justice Chikere also ordered the sale of the property at Plot 1151 Wuye B03 FCT, Abuja to satisfy the arrears of tax of N17,150,496:00 (Seventeen Million, One Hundred and Fifty Thousand, Four Hundred and Ninety-Six Naira) only and after the deduction of the expenses from the sale of the property, refund the amount in excess to the defendant or anybody authorised by her upon request by the defendants’ company.”

The application for the sale of the properties was brought under S.33(2) which gave the Federal Inland Revenue Service the power to apply to Court to obtain an Order prior to selling a distrained property.

Executive Chairman of the FIRS hailed the Nigerian judiciary for supporting the fight against tax evasion and expressed the hope that this judgement would deter other tax evaders.

Director, Legal Services Department of FIRS, Ike Odume, noted that this was the first time in the history of the FIRS that a court order would be used to sell the properties of tax evaders in Nigeria. Odume urged Nigerians to support the efforts of government in raising revenue to build infrastructure to stimulate the economy and ensure better life for all.

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Banks To Now Charge 0.5% Cybersecurity Levy As Directed By CBN; Netizens React

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The Central Bank of Nigeria (CBN) has directed deposit money banks in the country to start charging 0.5% cybersecurity levy on some transactions done by their customers.

The apex bank gave the directive in a circular dated May 6, 2024 and sent to all commercial, merchant, non-interest and payment service banks as well as mobile money operators and payment service providers.

“Following the enactment of the Cybercrime (Prohibition, Prevention, etc) (amendment) Act 2024 and pursuant to the provision of Section 44 (2) (a) of the Act, ‘a levy of 0.5% (0.005) equivalent to a half percent of all electronic transactions value by the business specified in the Second Schedule of the Act’, is to be remitted to the National Cybersecurity Fund (NCF), which shall be administered by the Office of the National Security Adviser (ONSA),” the circular partly read.

The Cybersecurity Levy implementation notice

The apex bank said that the implementation of the levy would start two weeks from the date of the circular.

“The levy shall be applied at the point of electronic transfer origination, then deducted and remitted by the financial institution. The deducted amount shall be reflected in the customer’s account with the narration, ‘Cybersecurity Levy’. Deductions shall commence within two weeks from the date of this circular for all financial institutions and the monthly remittance of the levies collected in bulk to the NCF account domiciled at the CBN by the fifth business day of every subsequent month,” the circular said

The apex bank added that this new levy will not be applied on transactions such as loan disbursements and repayments, salary payments, intra-account transfers within the same bank or between different banks for the same customer, intra-bank transfers between customers of the same bank.

Also exempted from the levy were inter-branch transfers within a bank, cheque clearing and settlements, ⁠Letters of Credits, ⁠Banks’ recapitalisation-related funding only bulk funds movement from collection accounts, savings and deposits including transactions involving long-term investments, among others.

This current implementation however is not sitting well with some netizens as they reacted to the new development.

Here were some of their reactions from X.

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Finance

EFCC Chairman Tasks Nigerian Youths Against Crimes And Fraudulent Acts

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The Chairman of Economic Finance Crime Commission (EFCC), Ola Olukoyede, has stressed the need for Nigerian Youth to see themselves as agents of positive change that have a lot to contribute to the socioeconomic development of the Nation.

Speaking at the 2nd edition of a Leadership Trainings Programme in Abuja, Olukoyede, who was represented by the Head Enlightenment and Re-orientation unit, (EFCC), Aisha Mohammed, said the commission’s dream is to see the youth contribute meaningfully to the society, emphasizing on the need to work together in bringing positive change to society.

The Economic and Financial Crimes Commission Boss declared the readiness of his agency to work with all Stakeholders, including the youth towards changing the narrative and reposition the country to greater exploit.
Also speaking, the representative of the Executive Secretary of Tertiary Education Trust Fund (TETFUND), Sonny Echono, appealed to the youths is to eschew social vices that could deter their full potential in life.

Other speakers at the event, including the Chairperson, Zero Tolerance for Social Immoralities Initiative (ZEITI) Africa, Rasak Jeje called on all stakeholders to join hands in collective pursuit of empowering new generation of leaders to curb the rising tides of social Vice among Nigerian youths.

The Chairperson, Zero Tolerance for Social Immoralities Initiative (ZEITI) Africa, Rasak Jeje made the call while addressing journalists at the 2nd edition of it Leadership Trainings Programme in Abuja on Thursday.
He said the training was aimed to intimate students leaders with knowledge and insights that will help them drive positive change and become exemplary leaders in their respective spheres.

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Finance

AISA Has Refunded The Fees Paid By Yahaya Bello To EFCC

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The Economic and Financial Crimes Commission (EFCC) says the American International School Abuja (AISA) has refunded the fees paid by the immediate past governor of Kogi state, Yahaya Bello, for his children attending the school.

In response to a letter addressed to the Lagos zonal commander of the EFCC, the school said $845,852 was paid in tuition “since the 7th of September 2021 to date”.

AISA said the sum to be refunded is $760,910 because it had deducted educational services already rendered.

“Please forward to us an official written request, with the authentic banking details of the EFCC, for the refund of the above-mentioned funds as previously indicated as part of your investigation into the alleged money laundering activities by the Bello family.

Since the 7th September 2021 to date, $845,852.84 (Eight Hundred and Forty-Five Thousand, Eight Hundred and Fifty Two US Dollars and eighty four cents) in tuition and other fees has been deposited into our Bank account.

We have calculated the net amount to be transferred and refunded to the State, after deducting the educational services rendered as $760,910.84. (Seven Hundred and Sixty Thousand, Nine Hundred and Ten US Dollars and Eighty Four cents).

No further additional fees are expected in respect of tuition as the students’ fees have now been settled until they graduate from ASIA.”

In a chat with The Cable, the spokesperson of the EFCC, Dele Oyewale, confirmed that the school has refunded the money.

‘’The money has been paid into public account,” Dele Oyewale was quoted as saying

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