The Office of the Auditor-General of the Federation has indicted the Nigeria Port Authority (NPA), Nigeria Customs Service and 14 other Ministries, Departments and Agencies of Government (MDAs) over their failure to remit accrued revenue into the Federation accounts.
The report disclosed that an agreement signed between NPA and various terminal operators stated that, “a fixed annual payment of a sum as specified in the schedule be paid in 12 equal installments in each operating year.
It stated further that estate tenants, shipping companies and service boats operating from the ports were hugely indebted to the NPA to the tune of $67.425 million and N32.266 billion outstanding as rent, shipping due and service boats.
The audit report further noted that sizeable percentages of the debts were non-performing or dormant due to a long period of non-settlement, leading to loss of revenue to the government and possible diversion of government revenue to unauthorised users.
The Audit report also queried the irregular payment for rehabilitation of Port Harcourt port road network and water distribution system to the tune of N1.847 billion, irregular payment for the restoration of power supply to Tin Can Island Port.
It frowned at the irregularity in the award of contract for the construction of delivery and commissioning of MDPE channel marking buoys in foreign currency, irregular payment for the supply for fire alarms communication and office equipment for Lagos port complex and irregular payment for the supply of fire alarms communication and office equipment for Ikorodu lighter terminal.
They are Anambra-Imo River Basin Development Authority (RBDA), Owerri; the Nigerian Institute for Oil Palm Research (NIFOR); Veterinary Council of Nigeria (VCN): Kwali Area Council; Lagos State University (LASU); National Orthopaedic Hospital, Enugu; three Federal Medical Centres (FMC) and Federal Neuropsychiatric Hospital.
Others are Council for Legal Studies and the National Industrial Court.
While the NCS allegedly failed to pay N125 billion Internally Generated Revenues (IGR) into the government coffers, the remaining 14 government establishments defaulted with N1.28 billion (N1,284,427,345.04).
The OAuGF also identified 12 MDAs, including the Nigerian Civil Aviation Authority (NCAA), which failed to remit value-added tax (VAT), the With-holding Tax (WHT), among others, to the treasury.
The unremitted taxes were pegged at N5.83billion (N5,828,621,715.06), and NACA reportedly has the highest unpaid sum, which is N2.98billion (N2,984,887,250.00).
“Federal College of Freshwater Fisheries Technology, New Bussa has the least amount of N1m.”
The offence is said to have breached paragraphs 234 (I) and 235 of the Financial Regulations Act respectively.
“It is mandatory for accounting officers to ensure full compliance with the dual roles of making provision for the VAT and WHT due on supply services contract and actual remittance,” Section 234 stated.
“Deduction of VAT, WHT and PAYE shall be remitted to the Federal Inland Revenue Service, at the same time, the payee who is the subject of the deduction is paid…”
Meanwhile, in a letter addressed to the Clerk of the National Assembly on September 15, 2021, Aghughu submitted two copies of the findings to the NASS for action.
With reference number AuGF/AR.2019/02, the Auditor-General said his action to the lawmakers was in line with Sections 85 (2), (4) and (5) of the constitution.
The lawmakers are, thus, expected to act on the federation’s annual report and the consolidated financial statements to prevent leakages in government spending.
N2.4 billion judgment debt: Supreme Court reverses itself, restores GTB’s appeal against Innoson Motors
The Supreme Court has set aside its earlier ruling which dismissed Guaranty Trust Bank’s (GTB) appeal against a N2.4 billion judgment in favour of Innoson Motors Nigeria Limited.
The apex court set aside its own decision on Friday while delivering judgment in an application by GTB seeking the re-listing of the appeal on the grounds that it was wrongly dismissed.
The apex court in reversing itself relied on Order 8 Rules 16 of the Supreme Court’s Rules that empowers it to set aside its decision in certain circumstances, like any other court.
Specifically, the five-member panel, led by Justice Olukayode Ariwoola, in a unanimous decision, held that the apex court erred in its ruling of February 27, 2019, wherein it erroneously dismissed GTB’s appeal with number: SC/694/2014 against the decision of the Court of Appeal, Ibadan, Oyo State.
The apex court, in the lead judgment written by Justice Tijani Abubakar, but read by Justice Abdu Aboki, claimed that it was misled by its Registry, which failed to promptly bring to the notice of the panel that sat on the case on February 27, 2019, that GTB had already filed its appellant’s brief of argument.
The apex court noted that had the panel that sat on the case on February 27, 2019, been notified of the existence of the appellant’s brief of argument, it would not have given the ruling which dismissed GTB’s appeal on grounds of lack of diligent prosecution.
The apex court justices explained that the court has powers to reverse itself where there is any reason to do so, especially where any of the parties had obtained judgment by fraud, default, or deceit; where such a decision is a nullity or where it is obvious that the court was misled into giving a decision.
According to the judgment, the circumstances of the GTB case fall into the category of the rare cases where the Supreme Court could amend or alter its own order on the grounds that the said order or judgment did not present what it intended to record.
“I am convinced that at the material time that the appellant’s appeal was inadvertently dismissed by this court, there was in place, a valid and subsisting brief of argument filed by the applicant.
“It will be unjust to visit the sin of the court’s Registry on an innocent, vigilant, proactive, and diligent litigant.
“It is obvious from the material before us, that there were errors committed by the Registry of this court, having failed to bring to the notice of the panel of Justices that sat in chambers on February 27, 2019, that the appellant had indeed filed its brief of argument.
“This is a case deserving of positive consideration by this court.
“Having gone through all the materials in this application, therefore, I am satisfied that the appellant/applicant’s brief of argument was filed before the order of this court made on February 27, 2019, dismissing the applicant’s appeal.
“The order dismissing the appeal was therefore made in error. It ought not to have been made if all materials were disclosed. The application is, therefore, meritorious and hereby succeeds,” the apex court held.
He proceeded to set aside the court’s ruling of February 27, 2019, dismissing GTB’s appeal and ordered that the appeal marked: 694/2014 “be relisted to constitute an integral part of the business of this court until its hearing and determination on the merit”.
Other members of the panel are John Okoro and Helen Ogunwumiju.
News Alert: Nigeria lifts suspension on Twitter
After seven months of face-off, , the Nigerian government has finally lifted the suspension of Twitter’s operations in the country.
The government announced the suspension of the social media platform in June 2021, after it deleted a controversial tweet by President Muhammadu Buhari. The government also accused Twitter of working against Nigeria’s interest.
The Director-General of the National Information Technology Development Agency (NITDA), Kashifu Abdullahi, announced the lifting of the suspension in a statement.
Mr Abdullahi was also involved in the Nigerian government’s negotiation with Twitter.
“The Federal Government of Nigeria (FGN) directs me to inform the public that President Muhammadu Buhari, GCFR, has approved the lifting of the suspension of Twitter operation in Nigeria effective from 12 am tonight, 13th January 2022.
“The approval was given following a memo written to the President by the Honourable Minister of Communications and Digital Economy, Prof Isa Ali Ibrahim.
“In the Memo, the Minister updated and requested the President’s approval for the lifting based on the Technical Committee Nigeria-Twitter Engagement’s recommendation.”
Since the suspension, millions of Twitter users have been unable to use the social media platform in Nigeria unless they use a Virtual Private Network.
Nigeria’s inflation rates in 2022 may be highest in the world—World Bank
In the November 2021 edition of the Nigeria Development Update prepared by the global financial institution, Nigeria is projected to have one of the highest inflation rates globally and the seventh-highest among Sub-Saharan African countries in 2022.
“High inflation is frustrating Nigeria’s economic recovery and eroding the purchasing power of the most vulnerable households. In the absence of measures to contain inflation, rising prices will continue to diminish the welfare of Nigerian households.”
The bank further highlighted the adverse effects of inflation on Nigeria, which include pushing eight million Nigerians into poverty, andamo8, reaching 2.4 percent of the GDP in 2019 and then falling to 2.2 percent of the GDP in 2020.
“Cost of debt is high as Federal Government also resorts to overdraft (Ways and Means financing) from the CBN to meet in-year cash shortfalls. At end of 2020, the stock of the CBN Ways and Means financing was estimated at N13.1tn or 8.5 percent of the GDP,” it stated.
Meanwhile, the Federal Government had estimated that Nigeria’s total public debt will rise from the present N38 trillion to N50.22 trillion by the end of 2023, with domestic debt projected at N28.75 trillion and foreign debt at N21.47 trillion. Suggesting that President Muhammadu Buhari-led’s administration is planning to borrow an estimated N12 trillion in two years.
Economists have condemned President Buhari’s incessant borrowing habit and warned that it could hurt the country’s development and productivity down the line. In the second quarter of 2021, the administration spent N445 billion on debt servicing, according to Debt Management Office. That is the amount that could have been used to improve factors of production and grow the economy.
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