The Federal High Court in Lagos Tuesday dismissed a preliminary objection by the Attorney-General of the Federation (AGF) challenging a N 3billion suit by MTN Nigeria Communication Ltd.
MTN sued the AGF for demanding N242 billion and $1.3 billion as import duties and withholding tax assessments from it.
By a September 10, 2018 writ, MTN is challenging the legality of the AGF’s assessment of the import duties, withholding tax and value-added tax.
But, the AGF, in the preliminary objection, argued that the suit was statute-barred, thus robbing the court of jurisdiction.
Arguing the motion on March 26, AGF’s counsel Mr. Tijani Gazali urged the court to strike out the suit on the ground that it was instituted outside the time prescribed by law.
The AGF contended that the suit disregarded Section 2 of the Public Officers Protection Act, which provides that any lawsuit against a public officer must be file within three months of cause of action.
He said rather than MTN responding to the demand, it filed the case.
But, MTN through its counsel Chief Wole Olanipekun (SAN), who led Damia Dodo (SAN) and Prof Fabian Ajogwu (SAN), argued that the AGF’s objection was unfounded.
MTN’s lawyers maintained that the AGF’s contentions were unacceptable and unknown to law
[…] Its reasons for doing so according to the company is that at this stage, MTN Nigeria is unlikely to get a fair valuation in the midst of the ongoing tax disputes with the local authority. […]
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