A Federal High Court sitting in
Kano State has ordered the appearance of the Chairman Federal Inland Revenue
Service (FIRS), Mr Babatunde Fowler before it on October 7, 2019 to show cause
why he should not be sacked for overstaying his tenure which expired on August
18, 2019.
The presiding judge of the High
Court, Justice Lewis Allago, after hearing a plaintiff’s counsel, ordered that
the defendant should be served in Abuja and filed their defence within five
days.
In court documents obtained on
Saturday by PRNigeria with Suit No FHC/KN/CS/141/2019, the FIRS Boss was
dragged to Court over his continued stay in office after the expiration of
tenure.
The Plaintiff, Mr. Stanley
Okwara, in a suit filed on September 18, 2019 and obtained, also joined the
Attorney General of the Federation as the second defendant.
In the originating summon, the
two defendants were given 30 days to explain why Fowler who was appointed on
the 20th August, 2015, has not ceased to hold office as the Chairman of FIRS
after the 20th August, 2019 in accordance with the “decision of the Supreme
Court…and having regard to the combined provisions of Sections 3(2) (a),
Section 4(a) and Section 11 (a)” of the agency.
The Plaintiffs also sought to
know whether the continuous stay of Fowler in the office “is not illegal in
view of the decision of the Supreme Court in Ogbuinyinya & Ors. vs. Obi
Okudo & Ors. (1979) All N.L.R. 105 and having regard to the combined
provisions of Sections of the FIRS [Establishment] Act, 2007.
In the same vein, Okwara in the
suit filed through Johnmary C. Jideobi & Co, sought other reliefs
including: “A declaration that the 1st Defendant has ceased to hold office as
the Chairman of the Federal Inland Revenue Service after the 20th of August,
2019”; and that his continuous stay in the office is illegal.
He further sought “an order
barring the 1st Defendant from further holding himself out as, laying claim to
or exercising the powers and functions of, the Executive Chairman of Federal
Inland Revenue Service unless he is re-appointed by the President of the
Federal Republic of Nigeria.
“An order directing the 1st
Defendant to return forthwith to the Treasury Single Account of the Federation
all the salaries, emoluments and such other kindred monetary benefits he has
been drawing on the purse of the Federal Inland Revenue Service and file an
affidavit of compliance within 14 days after the delivery of judgment in this
suit.”
The Plaintiff also asked that
Fowler be caused ordered to obey any other decision that the Court may deem fit
to make in the entire circumstances of the case.
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