Tuesday, May 21, 2019 / 03:02PM / By
Chartered Institute of Taxation of Nigeria / Header Image Credit:
Public Notice to Members: Update on Suit between Chief Afolabi Igbaroola & Ors v Federal Inland Revenue Service & Ors
The aforementioned matter came up for hearing today Tuesday May 20, 2019 at the Federal High Court in Suit No. FHC/L/CS/1480/18.
Recall that some members of ICAN had earlier taken the Institute to Court in a bid to stop the implementation of the CITN Stamp and Seal by the Federal Inland Revenue Service.
The Presiding judge ruled that the suit ought not to have been instituted in the first instance.
The Judge noted that if ICAN members wanted to practice Taxation, they should apply for membership of the CITN.
Furthermore, a cost of N200,000 (Two Hundred Thousand naira only) was awarded against the plaintiffs.
The Schedule in the FIRS Establishment Act (Par 2 (2) of the 5th Schedule to the FIRSEA) that grants right of practice to ICAN, CITN and ANAN was annulled. The learned judge also held that the FIRS Establishment was a subsidiary legislation to the CITN Act hence it cannot override the CITN Act.
All the other reliefs of the Plaintiffs were subsequently dismissed.
The Certified True Copy of the ruling shall be made public as soon as obtained from the leading Counsel.
Distinguished members, once again the courts have once again upheld the rule of law and more than ever the leadership of your institute is committed to defending and upholding the Charter of our revered Institute.
Adefisayo Awogbade, M.Sc, FCTI
Chartered Institute of Taxation of Nigeria