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IN DEFENCE OF THE DEFENSELESS JUDGES WHO ARE DOING THEIR JOB ACCORDING TO THE DICTATES OF THEIR CONSCIENCE

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By Achi. William-Wobodo

Being a judge, is a tough personal call to make. It is a highly demanding and ethical job to do, which makes a judge vulnerable and prone to bullying. A judge is trained to rise up in defence of the defenseless, yet he cannot defend himself. The rot in our society has made the job even more hazardous.

For every judgement that does not go in the way of public opinion and expectation, the judge is blamed and accused of corruption. This is unpatriotic. Judges are not employed to pander to public opinion. I am not in anyway suggesting that there are no corrupt judges in the system, but I honestly believe that the incorrupt ones are much more than the corrupt ones.

As we know it, Nigeria operates an adversarial legal system, which means that the parties are responsible for providing evidence upon which the court predicates its judgement. This is different from the inquisitorial system where the Court gets involved in the investigation of the facts of a case. Our legal system forbids a judge from applying extraneous facts in the determination of a case, except those brought before it by the parties in accordance with the law of evidence. In others words, even if a judge witnesses an event, he cannot apply his eye-witness account/evidence in his determination of the case. At best, he may recuse himself from such a case.

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In the last few months, on account of THE POLITICAL CRISIS IN RIVERS STATE, Judges of the Federal High Court, especially, have come under serious public attacks and aspirations from some misinformed members of the public and MISCHIEVOUS LAWYERS, some of whom are either ignorant of courtroom practices and procedures or are indulging in clout chasing ventures. It is even more reprehensible and shameful when lawyers, who ought to have known better, are the ones indulging in such unethical and unprofessional conducts. These lawyers know that JUDGES HAVE NO RIGHT OF PUBLIC REPLY, yet they chose to castigate and cast aspersions on them; Most times, based on unsubstantiated allegations.

It is AN ACT OF COWARDICE TO CONTINUOUSLY ATTACK A DEFENSELESS PERSON.

LET ME EVEN CONSIDER TWO SCENARIOS FROM RIVERS STATE AS EXAMPLES.

In the wake of the crisis now rocking the Rivers State Government, between the Executive arm (the Governor) and Legislature arm; over the “alleged division” in the Rivers House of Assembly (RSHA) at the time. The Speaker of the RSHA (Rt. Hon. Martins Amaehwule) and the RSHA itself approached the Federal High Court for the determination of several questions, including: whether or not the “ALLEGED CRISIS/DIVISION IN RSHA” had crystallized to the point that the National Assembly (NASS) can takeover the functions of the RSHA pursuant to SECTION 11(4) of the 1999 Constitution, whether there was division in the RSHA, who was the authentic Speaker of the RSHA, etc.

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Based upon which Rt.Hon. Amaehwule and the RSHA asked for declarations that Rt.Amehwule is the authentic Speaker of RSHA, that the crisis in RSHA did not warrant the NASS to takeover the functions of the RSHA, that the RSHA is entitled and empowered to make Appropriation Laws for Rivers State, including 2024 Appropriation Law, etc. Most of the Defendants in the case put up nominal appearance and defence in the matter, EXCEPT FOR the Governor of Rivers State and Rt. Hon. Edison Ehie (factional speaker at the time) who put up contest in the case.

Before or on the day fixed for the hearing of the case, Mr. Governor through his Counsel withdrew his Counter Affidavit/Defence (for reasons best known to the Governor and of course he is entitled to) and his Defence to the case was accordingly struck out. In same vein, Rt. Hon. Edison Ehie not only withdrew his own Counter Affidavit/Defence to the case, he presented a letter indicating his resignation as a Member of the RSHA. In other words, he also affirmed to the Court that he has lost his right, if any, to the claim of Speakership of the RSHA.

Invariably, there was NO CONTENDING DEFENCE to the case of Rt. Hon. Amaehwule and the RSHA. Justice Omotosho reviewed the evidence before him, which were DEEMED UNCHALLENGED and then reached conclusions and entered judgement for Rt.Hon. Amaehwule and RSHA to the effect that THERE WAS (IS) NO DIVISION in the RSHA, that Rt.Hon Amaehwule is the AUTHENTIC SPEAKER of the RSHA, that the RSHA led by Rt.Hon. Amaehwule is the rightful RSHA to make Appropriation Laws for Rivers State, that the Governor should present the 2024 Appropriation Bill before the appropriate RSHA.

It is important to mention that one of the issues raised by the Governor in his withdrawn Defence/Preliminary Objection was the fact that no Pre-Action Notice was served on the NASS before the action was commenced. Yes, the issue was jurisdictional in nature, but it a PROCEDURAL JURISDICTION ISSUE, not a substantive jurisdiction issue. The law is settled that a procedural jurisdiction question touching on non-service of pre-action notice can only be raised by the person directly affected, in that case NASS. The reason is because, the party concerned has an option to waive the right and proceed to defend the case against him without objection. The NASS took part in defense of the case.

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In any case, the Governor withdrew his objection.

I have asked all those who fault the decision of Hon. Justice Omotosho in the media to point a finger to a fault, either in procedure or decision, in the judgement and I am yet to see o finger. Assuming anyone still had doubts about that judgement, the Court of Appeal had cleared the doubt.

The Governor who submitted to judgement by withdrawing his defence refused to obey the same judgement.

Not surprisingly, the Governor who in law is DEEMED TO HAVE CONSENTED TO THE CASE of Rt. Hon Martins Amaehwule before the Federal High Court, went to the Court of Appeal to challenge a JUDGEMENT OF FHC DEEMED TO HAVE BEEN ENTERED BY “HIS CONSENT”, WITHOUT THE LEAVE OF COURT to so do, contrary to SECTION 241(2)(c) of the 1999 CONSTITUTION and decided cases: See: ABDULKARIM VS. INCAR (NIG) LTD, (1992) LPELR-26(SC) (Pg.23-24, para D-A). The Governor also challenged the procedural jurisdiction of the Federal High Court predicated on non-service of pre-action notice on the NASS, a personal right of the NASS which was waived by the NASS by participating in the case without objection.

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The Court of Appeal dismissed the appeal for lacking in merit, and the Court is blamed; it is corrupt.

ANOTHER CASE: All People’s Party (APP) filed an action before the Federal High Court seeking a declaration that Rt. Hon. Amaehwule and 26 others have lost their seat. The APP commenced the action through an ORIGINATING SUMMONS, which is a procedure used for determination of non-contentious and non-hostile facts. Perhaps, the APP and its lawyers had expected an easy sail from Rt.Hon. Amaehwule and members of the RSHA. They are used to defection cases where the Defendants would say, “yes we defected because our party has dispute or division”: and then the court is called upon to interpret the admitted facts vis-a-vis the law.

They had expected Rt. Hon. Amaehwule and co to say we defected. Unfortunately, they met an unanticipated shocker, a brick wall; Rt.Hon. Amaehwule and co stated that they did not defect. A case which APP and it’s lawyers had thought would be heard based on non-contentious facts, had automatically become contentious and hostile by that singular denial.

The APP and it’s lawyers had three (3) options open to them by that material denial: (1) withdraw the case and file a fresh suit via Writ of Summons, (2) apply to the Court to order the parties to file pleadings, which would allow them to call oral evidence to prove the allegation of defection or (3) continue the case in its form with ruptured foundation and foreseeable pitfalls. They opted for number (3) and proceeded with their Originating Summons, then filed FURTHER AFFIDAVIT to which they ATTACHED A FLASH DRIVE that “allegedly” contained video clip of a certain defection.

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The questions and challenges then arose: how and where does the court watch or see the content of the flash drive? ls it while in his chambers writing the judgement? If there is anything that needs clarification from the flash, who does he turn to in his chambers? Would he call the APP or its lawyers for explanation?

On realizing the procedural error, the APP still had an option of applying to that Court to convert the case by filing pleadings and to call oral evidence in order to resolve the allegation of defection, they did not. Rather, they pushed on with yet another and graver procedural error. The APP decided to play the video in the flash drive in open court, WITHOUT ANY WITNESS TO DEMONSTRATE THE VIDEO, TO IDENTIFY THOSE IN THE VIDEO OR WHERE THE “MOVIE” WAS SHOT, OR TO IDENTIFY THE MAKER OF THE MOVIE (VIDEO) (the CONTENT CREATOR). They pushed the procedural comedy and errors to a finish and left.

The the Judge was expected to perform a miracle, regularize the errors and grant them judgement.

Anyways, based on settled position of the law as decided by the apex Court, the Federal High Court Judge had no difficulties trashing and discarding the flash and its content as a piece of document dumped on the court. With that trashy piece of evidence made worthless by the inadvertence of counsel off the way, the Court was left with reviewing any other means of proof of membership of the said RSHA members, which should include, either APC membership register, PDP membership register, letter of resignation, etc. Unfortunately, these evidence were not before the Federal High Court. The Court therefore had no difficulty in reaching a finding that the APP did not prove defection.

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As we now know, a judge, based on our adversarial legal system, cannot apply his residual knowledge of or any extraneous facts, not duly presented before him in accordance with the Law of Evidence, in the determination of any case before him. So, it remains immaterial if the judge’s wife was a camera person who made the “alleged” video or that the judge himself was in the chambers of RSHA on such a day or that he read or saw on news media any of the facts in contention. The law is that such facts MUST NOT ONLY BE BROUGHT BEFORE THE COURT, BUT ALSO IN LINE WITH THE EVIDENCE ACT, otherwise the judge cannot rely on them.

Sadly, we do not see the public blame lawyers, who either by inadvertence, overconfidence, indiscretion, desire for speedy trial, etc, destroy a hitherto actionable and legitimate cause of action and eventually their clients’ case. All we see are aspersions on Judges.

If non-lawyers feign ignorance of the workings of the Court, it may be justified and pardonable; but should same go for lawyers, who should haven better. Every lawyer knows when he has made a mistake in the prosecution of case, he is human who is prone to errors. If he is not courageous enough to own his mistakes, he should at least be honourable enough to keep quiet and not pass his blame by alleging corruption against the Judge.

It is a moral issue for both the lawyers and the litigants who cast aspersions on the courts. For instance, In 2023, the Court of Appeal, Abuja Division and the Supreme Court of Nigeria affirmed the Governor of Rivers State as the duly elected governor of Rivers States, the Governor organized thanksgivings, where he eulogized the Court of Appeal and Supreme Court Justices as men of honour and integrity. Those who lost took it in good faith and obeyed the orders of Courts.

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At that time, no one heard the Governor make any insinuations of corruption against these courts. Few months afterwards, the Governor was ordered to present Rivers State Appropriation Bill to the RSHA recognized by the same Court that had recognized the Governor few months earlier, and what we now hear from SAME Governor who eulogized SAME Courts are insinuations of corruption against the courts. It seems hypocritical to me.

Litigants and lawyers must stop this act of casting aspersions on judges simply because the judges are not allowed by the ethics of their job to react. Should any one have proof of corruption against a judge, let him seek redress lawfully rather the public opprobrium. And for lawyers, whom I believe to be legal scholars in the college of continuing legal education, if anyone strongly feels that a decision of a court is wrong in law, and he cannot resort to appeal because he is not counsel in the matter, then such a lawyer can do a legal essay to query/critic decision based on acceptable legal review mechanisms, not by deploying blackmail and defamation.

Judges are human, they also have feelings and emotions which are bruised by these aspersions.

Please, SAY NO TO SOCIAL MEDIA BLACKMAIL, BULLYING, IRRITATION, ASPERSIONS on judges doing their legitimate jobs according to the dictates of their conscience. If they err or are corrupt, seek legitimate redress.

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Achi. William-Wobodo
Lawyer writing from Port Harcourt

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Opinion

SONNY ECHONO AT 63: BIRTHDAYS NOT REST DAYS

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By Tunde Olusunle

Call him a double-barrelled personality and you will not be wrong. He is both an accomplished technocrat and a distinguished bureaucrat to wit. How else would one describe a professional architect of four full decades, who has also spent his entire working life in the public service? He rose to the very top of the leadership of the national umbrella body of his primary profession, and his occupation, respectively. He was national President of the Nigerian Institute of Architects, (NIA). He equally coursed all the way in the civil service to become a Permanent Secretary and a long-serving one. These attainments were bagged strictly on merit. His enterprise has not gone unnoticed as he has been deservedly decorated by the highest honours of his professional calling where he is a Fellow. He has also received national garlands in recognition of his good work, notably that of the *Officer of the Order of the Niger,* (OON). He retired upon grossing 35 memorable years in service, back in 2021. He was barely catching his breath when duty beckoned for him to return to avail the nation his variegated experiences in yet another capacity. This has been the story of his life.

Several decades in the ovens and furnaces of the public service have invested him with the archetypal reticence of a prototype bureaucrat. They are not given to much talk, the essential credo of his lifelong profession requiring public officers like him being “to be seen and not to be heard.” He is exceptionally, comprehensively grounded as a public servant who traversed nearly a dozen ministries, departments and agencies, (MDAs), in a most eventful and insightful career. What can be more all-encompassing and enriching with regards to cognate working experience than when an individual straddles the ministries of: Works and Housing; Defence; Water Resources; Agriculture; Power; Communications and Education, at the highest levels?

With the bifurcation of the erstwhile Ministry of Works and Housing, and the excavation of a “Ministry of Livestock” out of the extant Ministry of Agriculture, he can fittingly be credited with many more service addresses. And all of these preclude the lengthy list of national and international ad hoc responsibilities which garnish his cumulative experiential scope. He was in the earliest generation of civil servants who, with the return of democracy in 1999, was groomed in “Budget Monitoring and Price Intelligence.” This derived from the determination of the new regime to introduce more transparency in public procurement processes. He “evangelised” this credo in all his official bus stops.

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It is Sonny Togo Echono’s birthday Monday December 16, 2024. When he’s addressed by the combination of the initials from his first two names, *ST,* he knows you come from years and decades back with him. It is supposedly a special day in the eyes of his family, colleagues, subordinates and friends. Customised greeting cards arrogate a section of his office at the Tertiary Education Trust Fund, (TETFUND) headquarters in Abuja, to themselves. For the Executive Secretary of the organisation, however, the day is a regular working day like every other. And there was plenty of work to be done. He prefers to operate from the conference table in a corner of his office which enables him ease of access to files and documents placed before him. He’s also able, with despatch, to attend to staff who desire his official guidance, as he looks up from papers placed before him from time to time. There’s no time for a meal as yet but he tosses a few nuts in his mouth from time to time.

TETFUND was established in 1993, and was initially christened the *Education Trust Fund, (ETF).* It is funded majorly from a two per cent tax on the assessable profits of companies registered in Nigeria. It was at inception, targeted to arrest the rot and degeneration in educational infrastructure, arising from long periods of neglect and miserly resource allocation. It was rechristened to its present nomenclature during the administration of President Goodluck Jonathan in 2011. TETFUND administers, appropriates and oversees resources so aggregated for the rehabilitation, restoration and consolidation of tertiary education in the country. It avails capital for educational facilities and infrastructure, including essential physical infrastructure for instruction and learning. TETFUND also supports research and development as well as the training and advancement of academics, among other segments of its responsibilities.

In a little over two years at the helm, Echono has striven to institute a new work ethic in TETFUND to ensure that it achieves its foundation mandate, especially against the backdrop of challenging economic headwinds. He has introduced sweeping reforms which has upset the preexisting apple cart in several ways. Echono has been very fastidious on issues of due process and effective service delivery. The system he inherited was fraught with entrenched power blocs which determined the running of the organisation to the detriment of its core vision. Echono has been uncompromising in his insistence that the institution must be run strictly according to the books. This is one resolve which was bound to unsettle the “indigenes and landlords” within, and their external allies, who hitherto, construed the organisation as a potential “automated teller machine,” (ATM).

Echono clarifies: “There were cartels in charge of TETFUND projects. They collaborated with all manner of political leaders to come to the organisation to collect ”special intervention projects,” as it is referred to. “There were no defined modalities in place which enhanced operational opacity.” Speaking further, Echono notes: “When I was asked to come here, I was given a very clear mandate to clean up this place and I’m doing just that. The system is the better for it because we have substantially minimised waste and our stakeholders acknowledge this much.” A confident Echono said he had indeed invited the Independent Corrupt Practices and Related Offences Commission, (ICPC), to check through the operations of the organisation: “I invited the ICPC to come and inspect our systems. They’ve visited us twice and are satisfied with how we are straightening up the system.”

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Echono is aware that he has stepped on toes while trying to do the right thing. He insists there is no backing down on his mission. His words: “I’ve made enemies on this job. But we have a duty as people privileged to serve, to help in salvaging our country.” Discreet findings indeed reveal that there are internal mumblers and external discontents on his case. There are those who supposedly feel entitled to a perpetuation of their term in office. There are also as those who fancy being gifted the leadership of the organisation as political gratification. Some of them reportedly, had begun to make reassuring commitments to friends and associates, thereby preempting their consideration for the job and the express approval of the President. There are also suggestions about internal saboteurs who are in the habit of trading in classified information concerning the organisation. Some of them are indeed said to be politically exposed persons, fantasising about deploying the organisation for the advancement of their vaunting political aspirations.

While Echono is contending with this hydra, a certain Emeka Marcel Nweke has created a Facebook page with Echono’s name to defraud members of the public. Benneth Igwe, the Assistant Inspector General of Police, (AIG) in-charge of Zone 7 Police Command Headquarters on Tuesday December 17, 2024, disclosed this to newsmen. Echono it was who wrote a petition to the police about “criminal conspiracy, impersonation, fraud, false representation, cyberstalking, obtaining money by false pretence and threat to life,” upon which the police acted. Nweke was reportedly tracked to Awada, Anambra State and was found to have fleeced unsuspecting members of the public of over N10 million in the month of August 2024, alone. Such are the issues he’s multitasking to address.

Echono’s enterprise thus far, has accorded renewed respect and visibility to TETFUND. More and more high profile institutions and individuals, home-based and from the diaspora, regularly engage with the organisation in recent times to discuss partnerships. These include even the military establishment which is in the business of revolving tune-ups for its human capacity, consistent with global dynamics. The multidimensional Echono is equally very busy on lecture circuits these days, regularly called upon to chair, speak or to deliver papers at various events. His trophy-chest brims with glittering medals, gleaming plaques, glossy trophies and beaming mementos, awarded to him by several groups and associations, through the years. These acknowledgements are for inimitable altruism, selfless leadership and exemplary corporate governance, despite the odds.

*Tunde Olusunle, PhD, Fellow of the Association of Nigerian Authors, (FANA), is an Adjunct Professor of Creative Writing at the University of Abuja*

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Opinion

Tax Reforms: A Double-Edged Sword for Nigeria’s Economy

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By Lukman Laleye Babalola.

 

When President Bola Ahmed Tinubu announced his ambitious tax reform agenda, it was clear that he intended to reshape Nigeria’s fiscal framework. The reforms, targeting personal income tax, corporate tax, and value-added tax (VAT) distribution, are undoubtedly bold and necessary. But like any sweeping policy change, they come with both promises and pitfalls.

As someone deeply invested in Nigeria’s socio-economic progress, I see these reforms as a double-edged sword—a tool for much-needed transformation, but one that requires careful handling to avoid cutting too deeply into the fabric of our fragile federal system.

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Let us not downplay the potential benefits. The proposed exemption of individuals earning up to ₦800,000 annually from personal income tax is a welcome relief for low-income earners who have borne the brunt of rising inflation. Similarly, the reduction in corporate tax rates from 30% to 25% is a lifeline for businesses struggling to stay afloat in a challenging economic climate.

The overhaul of VAT revenue sharing, which allocates 60% of VAT revenue to the state where goods and services are consumed, aims to promote fairness and encourage states to boost their economic activity. For consumption-heavy states like Lagos and Rivers, this is a much-needed windfall that could translate into better infrastructure, healthcare, and education for their residents.

But these gains are not without costs. Nigeria’s regional disparities could deepen under this new tax regime. Northern states, with lower consumer activity and VAT contributions, stand to lose out, raising concerns about fairness in a nation already grappling with economic inequalities.

The implementation process is another hurdle. Overhauling a tax system is no small feat, and Nigeria’s tax collection mechanisms are notoriously inefficient. Without significant investment in infrastructure and human capacity, the reforms could collapse under their own weight.

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Then there is the issue of political resistance. Many lawmakers and regional leaders, particularly from the north, have voiced concerns about the potential loss of revenue under the revised VAT formula. Balancing these competing interests will be a test of the administration’s political acumen.

Under the proposed tax reforms, states like Lagos, Rivers, and others in oil-producing regions stand to benefit significantly. With 60% of VAT revenue allocated to the state of consumption, high-consumption states like Lagos and Rivers are poised to see a substantial increase in their revenue. Lagos alone generates over half of Nigeria’s VAT, and retaining a greater share will empower the state to fund critical projects.

For oil-producing states, increased revenue can be invested in non-oil sectors such as agriculture, manufacturing, and tourism, helping them reduce dependency on crude oil and build more sustainable economies. The additional funds can be used to improve infrastructure, healthcare, education, and other public services, directly benefiting citizens in these states. The reforms also encourage states to create business-friendly environments to attract investments and increase consumption, further boosting revenue generation.

Members of the National Assembly are tasked with ensuring these reforms benefit all Nigerians equitably while addressing regional disparities. Legislators must address the fears of less economically vibrant states and push for transitional mechanisms, such as a redistribution fund, to support regions with lower VAT contributions. They must oversee how states utilize their increased revenues, ensuring the funds are invested in projects that directly benefit the public.

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By engaging their constituents, lawmakers can explain the benefits of the reforms, address concerns, and secure public support, thereby easing tensions surrounding implementation. National Assembly members must also facilitate the passage of laws to strengthen tax administration, close loopholes, and ensure effective implementation of the reforms. Legislators from wealthier and poorer states alike must work together to ensure the reforms foster national unity and equitable development across all regions.

The National Orientation Agency (NOA) plays a critical role in ensuring public acceptance and understanding of the tax reforms. The agency must continue to simplify and disseminate information about the reforms to the grassroots, helping Nigerians understand how these changes will benefit them in the long run. By launching campaigns, the NOA can counter rumors and fears about the reforms, especially in regions where there is resistance due to concerns about inequitable benefits.

The NOA should encourage citizens to ask questions and provide feedback on the reforms. This engagement will foster trust and ensure the government remains accountable to its promises. The agency must also address regional concerns by showing how the reforms can be tailored to benefit less economically vibrant states through collaboration with local governments.

The Federal Inland Revenue Service (FIRS) is central to the success of the reforms, as efficient tax collection and administration are critical. The FIRS must invest in modern technology to improve tax collection processes, reduce leakages, and enhance compliance monitoring. Bringing the informal sector into formal taxation while ensuring compliance is not burdensome will also expand the tax net.

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Training and equipping tax officers to handle the new tax structures efficiently will be crucial to prevent administrative bottlenecks. The FIRS must regularly publish reports on tax collection and utilization, fostering public confidence in the system. By collaborating with state governments, the FIRS can provide technical assistance to ensure states maximize their VAT collections under the new sharing formula.

As a nation, we cannot afford to shy away from difficult reforms. For too long, Nigeria’s tax system has been inefficient, inequitable, and unable to meet the needs of our growing population. These reforms, though imperfect, represent an opportunity to address these shortcomings and lay the groundwork for a more sustainable fiscal future. However, the government must tread carefully. Transparency, inclusiveness, and stakeholder engagement are non-negotiable. Addressing regional concerns and ensuring efficient implementation will be critical to the success of these reforms.

President Tinubu’s tax reforms have the potential to transform Nigeria’s economy, but they also carry significant risks. Agencies like the NOA and FIRS, along with the National Assembly, must work together to ensure the reforms deliver on their promise of a fairer, more prosperous Nigeria.

As we navigate this critical moment in our nation’s history, let us remember that true reform is never easy, but it is always worth pursuing when done with the greater good in mind.

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*Lukman Laleye Babalola,is Publisher/Editor-In-Chief,Emporium Reporters online and Emporium Magazine.can be reached on [email protected], [email protected]

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Opinion

These Tax windfalls from global ICT platforms

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By Sonny Aragba-Akpore

In the midst of mounting agitations for and against, the proposed Tax Reform Bills, the Federal Government of Nigeria recently made a bounteous harvest in taxes of about N2.5 trillion when global Information and Communications Technology (ICT) firms operating in the country complied with the Code of Practice for Interactive Computer Services/ internet intermediaries.

Kashifu Inuwa Abdullahi, the Director General of the National Information Technology Development Agency (NITDA) must be basking in the euphoria of this breakthrough as the guidelines he introduced a little over two years ago in controversial circumstances yield results which are incontrovertible.

Google, Microsoft, Tik Tok and others obeyed the Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries and Inuwa whose collaboration with other government agencies including the Nigerian Communications Commission (NCC) and others, savors the glory.

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These figures cover the first half of 2024 according to a statement by Hadiza Umar ,NITDA,s Director, Corporate Affairs and External Relations.

“The code establishes a robust framework for collaborative efforts to protect Nigerians against online harms, such as hate speech, cyber-bullying, as well as disinformation and/or misinformation.

Similarly, to ensure compliance with the Code of Practice, NITDA also wishes to notify all Interactive Computer Service Platforms/Internet Intermediaries operating in Nigeria that the Federal Government of Nigeria has set out conditions for operating in the country.

These conditions address issues around legal registration of operations, taxation, and managing prohibited publication in line with Nigerian laws.

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The conditions include the need to:
*Establish a legal entity i.e., register with Corporate Affairs Commission (CAC);

*Appoint a designated country representative to interface with Nigerian authorities;

*Abide by all regulatory demands after establishing a legal presence;

*Comply with all applicable tax obligations on its operations under Nigerian law;

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*Provide a comprehensive compliance mechanism to avoid publication of prohibited contents and unethical behaviour on their platform; and

*Provide information to authorities on harmful accounts, suspected botnets, troll groups, and other coordinated disinformation networks and deleting any information that violates Nigerian law within an agreed time frame.”

In line with best practices and In accordance with its mandates, President Muhammadu Buhari, directed NITDA to develop a Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries (Online Platforms), in collaboration with relevant Regulatory Agencies and Stakeholders.

Accordingly , NITDA presented to the Public a Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries for further review and input.

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This was on June 13,2022.

The Code of Practice is aimed at protecting fundamental human rights of Nigerians and non-Nigerians living in the country as well as define guidelines for interacting on the digital ecosystem.

“This is in line with international best practices as obtainable in democratic nations such as the United State of America, United Kingdom, European Union, and United Nations.”

The Code of Practice was developed in collaboration with the Nigerian Communications Commission (NCC) and National Broadcasting Commission (NBC), as well as input from Interactive Computer Service Platforms such as Twitter, Facebook, WhatsApp, Instagram, Google, and Tik Tok amongst others. O

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ther relevant stakeholders with peculiar knowledge in this area were consulted such as Civil Society Organizations and expert groups. The results of this consultations were duly incorporated into the Draft Code of Practice now a code in line with “the new global reality stating that the activities conducted on these Online Platforms wield enormous influence over our society, social interaction, and economic choices.

Hence, the Code of Practice is an intervention to recalibrate the relationship of Online Platforms with Nigerians in order to maximise mutual benefits for our nation, while promoting a sustainable digital economy.”

Hadiza Umar, quoting data from the Federal Inland Revenue Service (FIRS) and the National Bureau of Statistics (NBS) explained that these figures were clearly a windfall for the government.

This Code was issued jointly by the Nigerian Communications Commission (NCC), National Broadcasting Commission (NBC), and NITDA and it outlines clear guidelines for promoting online safety and managing harmful content including but not limited to the protection of children from harmful online content.

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“Data from the Federal Inland Revenue Service (FIRS) and the National Bureau of Statistics (NBS) reveal that foreign digital companies, including interactive computer service platforms and internet intermediaries (such as social media platforms) operating in Nigeria, contributed over N2.55 trillion (approximately $1.5 billion) in taxes in H1 2024.

“This significant increase in revenue underscores the role of robust regulatory frameworks in shaping compliance and driving revenue growth in the digital economy,” NITDA stated.

Updates on the level of compliance with the Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries, show that all the digital platforms made conscious efforts to address user safety concerns in line with the Code and the platforms’ community guidelines.

Overall statistics across all the platforms show that:
“They received 4,125,283 (Four million, one hundred and twenty-five thousand, two hundred and eighty-three) registered complaints in 2023.

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Content takedown: 65.8 million Content removed and re-uploaded after appeal by users: 379,433 Closed and deactivated accounts: 12.09 million” NITDA is excited and pleads “ for continued collaboration and innovation to address emerging challenges and ensure a safer and more responsible digital space.”

NITDA in June 2022 announced the Code, which seeks to moderate activities on social media blogs and online publications.

Specifically, the Code states that internet platforms including social media should as a rule
“act expeditiously upon receiving a notice from a user, or an authorised government agency of the presence of unlawful content on its Platform.”

“Act quickly to remove, disable, or block access to non-consensual content that exposes a person’s private areas, full or partial nudity, sexual act, deepfake, or revenge porn, where such content is targeted to harass, disrepute, or intimidate an individual.

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Disclose the identity of the creator of information on its Platform when directed to do so by a Court order.”
“Provided that an order of this nature shall apply for the purpose of preventing, detecting, investigating, or prosecuting an offence concerning the sovereignty and integrity of Nigeria, public order, security, diplomatic relationships, felony, incitement of an offence relating to any of the above or in relation to rape, child abuse, or sexually explicit material.”

NITDA commends the efforts of the platforms, for the goal of creating a safer digital ecosystem which requires continuous collaboration and engagement with all stakeholders to strengthen and enhance user safety measures, digital literacy, trust and transparency.

Section 1 paragraphs b to e of the NITDA Act, 2007 are particularly instructive because they empower it to:
“(b) Provide guidelines to facilitate the establishment and maintenance of appropriate for information technology and systems application and development in Nigeria for public and private sectors, urban-rural development, the economy and the government;

(c) Develop guidelines for electronic governance and monitor the use of electronic data interchange and other forms of electronic communication transactions as an alternative to paper-based methods in government, commerce, education, the private and public sectors, labour, and other fields, where the use of electronic communication may improve the exchange of data and information;

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(d) Develop guidelines for the networking of public and private sector establishment;

(e) Develop guidelines for the standardization and certification of Information Technology Escrow Source Code and Object Code Domiciliation, Application and Delivery Systems in Nigeria;”

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