State governments are not empowered to collect value-added tax (VAT) in the country because it is on exclusive legislative list, the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, has said.
The AGF gave this position on Friday night in an interview with Channels Television.
The Federal Inland Revenue Service has been at loggerheads with Rivers and Lagos State governments over VAT collection. And the matter already receiving the backing of some other state governments is current in court.
Malami, who said the collection of VAT in the country is under the exclusive legislative list, posited that only the National Assembly could make laws on VAT.
He said, “A lot has precluded the state from collecting value-added tax. One, generally speaking, as you rightly know, the issue of the value-added tax is an issue on the exclusive legislative list.
“And the implication of being in exclusive legislative list matter is that only the national assembly can legislate on it. The question that you may perhaps wish to address your mind on is whether there exists any national legislation that has conferred the power on the state to collect VAT. And my answer is ‘no’.
“In the absence of a law passed by the national assembly in that direction, no state can have a valid claim to collection of value-added tax.
“The responsibility, right and constitutional powers to legislate on collection of VAT are exclusively and constitutionally vested in the National Assembly and not in the state.
“Where the national assembly has not passed any law in that regard authorising the state to collect VAT, then it goes without saying that no state can arrogate unto itself the powers to collect VAT.”
According to the minister, it will be reckless for any state to go ahead to collect VAT, despite the court’s decision asking parties to maintain the status quo.
He said, “I don’t see any state perhaps taking the law unto its hands without allowing the judicial process to take its natural course and in breach of the prevailing legislation.
“I don’t see the states acting arbitrarily and setting a very bad precedence as far as governance is concerned with particular regard to the fact that the matter is receiving judicial determination.
“I can’t understand. I can’t perhaps bring that thought into consideration that I believe it could amount to a high level of recklessness on the part of any state government to be operating in breach and to be operating a lawless governance style as far as the Nigerian state is concerned.”
Airlines to pay $3,500 per passenger for flouting COVID-19 protocols – NCAA
THE Nigerian Civil Aviation Authority (NCAA) has issued a notification to airlines stating that they will pay a penalty of $3,500 per passenger if they flout the newly revised COVID-19 provisional quarantine protocols.
Besides, the regulator said extreme violation by any carrier would lead to an outright ban.
An All Operators Letter (AOL) issued on December 3, to accountable managers and signed by the NCAA Director-General, Captain Musa Nuhu, said protocols for international flight operations and quarantine protocols for travellers arriving Nigeria issued on July 1, still subsists.
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The NCAA directed airlines to airlift passengers travelling to Nigeria, who are in possession of a paid permit to travel with a QR Code and a result of a negative COVID-19 test done not later than 48 hours from time of boarding.
The NCAA said violation of these travel directives will cost the airline $3,500 for any individual passenger or earn them a ban from flying into Nigeria.
“Non-compliance to these pre-boarding requirements by any airline will attract a penalty of $3,500 per passenger. Airlines who consistently fail to comply with these requirements may be banned from coming to Nigeria.”
Buhari Sacks Abuja Disco Board Over Prolonged Internal Wrangling
•Sets up interim management to oversee power company
President Muhammadu Buhari yesterday formally sacked the management of the Abuja Electricity Distribution Company (AEDC), following a prolonged internal power tussle among the owners of the company which affected the welfare of the staff of the distribution company.
A statement by Ofem Uket, a Media Aide to the Minister of State, Power, Mr. Goddy Jedy-Agba, announced that a new interim governing board had been appointed to oversee the day-to-day operations of the electricity distribution company.
Although the decision had been expected long before now, the dissolution of the board was further accelerated by Monday’s industrial action embarked upon by the aggrieved staff of the company over the non-payment of arrears of pensions, allowances, salaries and promotion.
The statement indicated that the sack of the management team was conveyed by the presidency to the federal ministry of power, stressing that the new development takes immediate effect.
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In addition, it stated that the Minister of Power, Aliyu Abubakar and Agba, had earlier intervened through dialogue with the ministry of labour, Bureau of Public Enterprises, and the Nigerian union of Electricity Employees, NUEE, to resolve and call off the 14 hours strike action.
AEDC’s franchise areas include the Federal Capital Territory (FCT), Kogi, Nasarawa, Kaduna and parts of Edo states.
The industrial action by the workers on Monday, had left the affected areas in total blackout between 7 am in the morning to about 8 pm as a result of the strike action.
“The presidential directive as conveyed has also directed the BPE to set up a new management team for the AEDC,” the statement revealed.
Furthermore, the statement noted that a Memorandum of Understanding (MoU), had earlier been jointly signed by Jedy-Agba; the Chairman, Nigerian Electricity Regulatory Commission (NERC), Sanusi Garba; the Director General, BPE, Alex Okoh; as well as Joe Ajaero on behalf of the union, for the suspension of the strike.
“And they have been given 21 days within which the outstanding emoluments and entitlements of staff will be paid,” the statement noted.
It further noted that government, “has described the non-performance and incompetence of the AEDC as a national embarrassment,” saying the suspension of the management team will subsist until further notice.
“At the end of the expansive consultation between the leadership of NUEE and relevant government institutions in the power sector over the industrial action government intervened with the firm arrangement to ensure the payment of the outstanding entitlements of AEDC staff within 21 days counting from the date of the signing of the MoU.
The tussle relating to the board of KANN Utility Company Limited, owners of AEDC had raged for years as the shareholders had continued to differ on decisions and appointments to the board and the management.
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The matter got to a head last year when some investors in the AEDC purportedly announced changes to the governing board of Disco.
At the time CEC Africa Limited (CECA), one of the parties in the matter, had said the board of KANN Utility Company Limited had announced the withdrawal of their nominations to the board of AEDC and their replacement with new nominees.
It had said that the board of KANN proposed the following new directors: Mr. Joe (Joseph) Makoju , Mallam Ibrahim Aliyu, Dr. Olubunmi Peters, Dr. George Nwangwu, and Mr. Faruk Aliyu.
“The board of AEDC has since resolved to accept both the withdrawals and the new appointments,” it said.
But Chairman of the dissolved board of AEDC and KANN, Shehu Malami in a reaction, said the alleged change in the management of the Disco was false.
”For the records the board of AEDC is the only authorised body that can appoint or remove its directors, and has made no such decision in recent time,” he said at the time.
Flying Doctors introduce catalyst fund for tech startups
Flying Doctors Healthcare Investment Company has unveiled a catalyst fund to support health tech and fintech startups.
Catalyst funds are used to support inclusive tech innovators in emerging markets — especially micro and small firms.
In a statement issued on Tuesday, the company said the initiative tagged ‘FDHIC Catalyst Fund’, would tackle Africa’s healthcare and finance challenges.
Citing the International Finance Corporation (IFC), the FDHIC noted that only a few countries in Africa spend between $34 and $40 a year per person on healthcare as recommended by the World Health Organisation (WHO).
This, it said, has led to very high infant and maternal mortality rates across Africa.
The company said solving these challenges requires a holistic approach to drive financial inclusion through private sector investments.
“Through the new Flying Doctors Healthcare Investment Company (FDHIC) Catalyst Fund, we are building an investor collective that will tackle Africa’s healthcare and financial inclusion challenges by backing technology-enabled healthtech and fintech startups in the early or growth stage,” the statement reads.
“Our Catalyst Fund offers corporate bodies and individuals, anywhere in the world, an opportunity to invest in, and get returns from, Africa-based HealthTech and FinTech Investments combined with the satisfaction of making sustainable impacts in underserved communities.
“We provide qualified investors – who are a part of our investors collective — with vetted investment opportunities in the Fintech and HealthTech space.
“The FDHIC Catalyst Fund will channel its investments through deal-specific syndicate investment vehicles domiciled in the USA.”
Assuring prospective investors of its expertise, FDHIC said its founder and management team have deep sector expertise in healthcare and finance from years of work and study.
“At FDHIC CF, we will bring to bear our investment analysis and portfolio management experience,” the statement added.
The company also pointed out that it has investments in companies like Mdaas Global, Helium health, Chisco express, Lifestores Pharmacy & Sygen.
FDHIC said it decided to democratise the membership of the catalyst fund to break away from the conventional.
“We want to give time-strapped executives and mid-level professionals the opportunity to get high-value returns without facing the attendant rigours of managing a full-time business,” the statement said.
It added that individuals and corporate entities can subscribe to membership of FDIHC’s investors collective, in preparation for deal sourcing, evaluation, and eventual investment
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