Promoting women participation in fish culture enterprises - as a means of poverty alleviation in Nigeria

One major aspect of the poverty status in Nigeria is the high rate of unemployment with the attendant economic in capacity, which in turn is responsible for the persistent problem of malnutrition over the decades. This paper is focused on how women can be empowered for better productivity in fish culture enterprises, seeing that women have been active in different aspects of agricultural production. They also sustain more than half of the developing countries such as Nigeria. Some problems being encountered by would be women fish farmers and suggestions on how women participation in fish and shellfish culture enterprises can be enhanced are proffered. The major ones being those sustainable policies by the Government State ADPs and NGOs are applied to ensure adequate motivation of women for fish culture enterprise

TAX APPEAL PROCEDURE IN NIGERIA: REQUIREMENT FOR PAYMENT OF SECURITY DEPOSIT PRIOR TO FILING AN APPEAL AGAINST ADVERSE TAX ASSESSMENTS AND ADVERSE TAX RULINGS

Recent legislation and administrative rules now require an aggrieved taxpayer to pay a security deposit prior to prosecuting a tax appeal. It is argued that the tax appeal procedure must not deny an aggrieved taxpayer of his right to a fair hearing under Sections 6(6) and 36 of the 1999 Nigerian Constitution. The method adopted in the Paper is to review all the applicable statutes and the decisions of the Nigeria Tax Appeal Tribunal (TAT), while taking the position that the administrative court rules mandating payment of security deposits are untenable in law, equity, and in practice. The Paper finds that there are multiple statutes providing for payment of security deposit pending tax appeal, to wit- (a) 2007 Federal Inland Revenue Service (Establishment) Act, (b) Federal High Court (Federal Inland Revenue Service) Practice Directions 2021, (c) Tax Appeal Tribunal (Procedure) Rules 2021, and (d) Federal High Court (Tax Appeal) Rules 2022. The constitutionality, scope and extent of the security deposit requirement have become a subject matter of intense discourse, with conflicting TAT decisions in Multichoice v. FIRS, First Bank v Taraba, and Investment Holdings v. FIRS. There are no decisions of the superior courts on these provisions yet. The Paper concludes that security deposit requirement provisions violate the fair hearing rules under the 1999 Constitution and that disputes on taxes payable to the sub-National States (tax revenue accruable to States) are clearly not subject to the security deposit payment rules. The paper recommends the introduction of an amendment for the appointment of a Special Panel to hear tax appeals where there are conflicting cases filed before or decisions issued by coordinate tax appeals/tribunals so as to prevent multiple opinions

An Assessment of the Nigerian Tax Appeal Tribunal and the Need for a Speedier and More Efficient System

No doubt, the present tax appeal system in Nigeria is one that is saturated with unnecessary appeals on similar and identical issues of law and facts,[1] threat to its legitimacy,[2] perceived lack of fairness, loss of revenue to the government from incessant delays, and additional administrative costs.[3] This author’s position is that the Nigerian tax and duty appeal systems must aim at speeding up appeals and reducing costs, particularly through active case management and a streamlined process. Contemporary modern day simplified tax appeal system demands that the Nigerian system must involve more transparency over and above that which currently subsists, by ensuring public access to decisions and the reasons for them. Thus, this paper argues for a tax appeal system that is independent of the government, with simple procedural rules that are adaptable and flexible. It starts by analyzing contemporary Nigerian tax appeals procedure and system relating to the Value Added Tax (“VAT”) as a specialized tax, within the context of the recently promulgated statutes: (a) Value Added Tax (Amendment) Act No 12 of 2007;[4] (b) Federal Inland Revenue Service (Establishment) Act No. 13 of 2007 (“FIRSEA”);[5] (c) Tax Appeal Tribunals (Establishment) Order of November 25th, 2009 (TAT Order);[6] and (d) Tax Appeal Tribunal (TAT) Procedure Rules (2010) (“TAT Rules”)[7]—the tax appeal statutes.[8] It examines the appeals process starting from the issuance of the Assessment Notice by the Relevant Tax Authority (RTA) in Nigeria, to the initiation of the appeal before the TAT, the exercise of the power of distrain by the RTA, and to the exhaustion of all appeals by the an aggrieved party. It compares the substantive and procedural rules that govern the old VAT Tribunal against the current tax appeals rules governing the TAT. In concluding, it makes recommendations towards bringing the Nigerian tax appeal system at par with similar jurisdictions at common law.[9]   * Olumide K. Obayemi is admitted to the Bars of the State of California and Federal Republic of Nigeria. He is a Senior Lecturer with Lagos State University and Senior Counsel with Ajumogobia & Okeke, Lagos, Nigeria. I am eternally indebted to the Law Firm of Ajumogobia & Okeke for their scholarly atmosphere and for opening their library and other facilities for my use. Special thanks to Mr. Ovie Ukiri and Mr. Babatunde Sodipo for giving me an opportunity to work with Ajumogobia & Okeke. I dedicate this to Miss Olamide Monisola Obayemi and Mr. Olumide Kolawole Obayemi, II: Your standing with me and your faithfulness are my fondest, treasured, reassuring and ingrained memories—“You will never ever walk alone” and to the memories of my late parents: Pa Theophilus Olusegun Odunayo Obayemi and Dame Caroline Ojuola Arogundade-Obayemi. [1]. Olumide K. Obayemi, The Tax Appeal Tribunal As an Instrument of Promoting Nigerian National Tax Policy: Revisiting NAOC vs FIRS and Shell vs FIRS, in Thisday Lawyer of Tuesday, February 25th, 2015 at Page 13 (“Obayemi I”), where the court in the latter case of The Shell Petroleum Development Company of Nigeria Limited vs Federal Inland Revenue Service, Consolidated Appeal Nos: TAT/LZ/003/2014 & TAT/LZ/006/2014, followed its earlier ruling in Nigerian Agip Oil Company Limited vs Federal Inland Revenue Service,(2014) 16 TLRN 25, and, by this, promoted the rules of certainty and consistency in the interpretation and application of the Nigerian tax statutes. [2]. See, e.g., TSKJ Construction International Sociadade Unipessonal Lda v Federal Inland Revenue Service (2014) 13 TLRN 1 and NNPC v Tax Appeal Tribunal (TAT) & Ors, (2014) 13 TLRN 39. [3]. Olujimi Adedotun, Tax Appeal Tribunals – Slow Pace of Justice, in THISDAY NEWSPAPER of 8th August, 2013. Available at: http://www.thisdaylive.com/articles/tax-appeal-tribunals-slow-pace-of-justice/155777/. Last visited on 24th February 2015. (“Olujimi Adedotun”). [4]. Value Added Tax (Amendment) Act No 12 of 2007 (“VAT Act 2007”). [5]. Federal Inland Revenue (Establishment) Act No. 13 of 2007 (“FIRSEA”). [6]. Tax Appeal Tribunals (Establishment) Order of November 25th, 2009 (TAT Order). [7]. Tax Appeal Tribunal (TAT) Procedure Rules (2010). [8]. Under these statutes, the Nigerian Tax Appeal Tribunal (TAT) was established to replace the Value Added Tax (VAT) Tribunal that existed from 1993 to 2007 under Section 20 of the Second Schedule of the Value Added Tax Decree No. 102 of 1993 (“1993 VAT Act”). [9]. The apparent independence and transparency of most of the systems is also noteworthy. Apart from the Taxation Review Authority in New Zealand, public hearings and public access to evidence and records of hearings seem to be the norm. Submission to the Consultation on the Reform of the Appeal System for Tax Matters by the Office of the Revenue Commissioners prepared by Irish Tax and Customs, at Page 2. Available at: www.revenue.ie/en/about/submission-reform-appeal-system.pdf. Last visited on February 6, 2014. (“Irish Submission”)

Tax Litigation in Nigeria and A Review of Recent Nigerian Court Decisions on Taxation

In Nigeria, the tax system is progressive, with a top marginal rate of 25% with effect from 1996.[1] Nigeria is a nation with a fast-growing market that attracts a considerable amount of foreign investment.[2] With the recent global economic downturn, International Oil Corporations (IOCs)[3] are increasingly focused on exploring business opportunities in regions with significant projected growth opportunities such as Africa and Asia.[4] Several IOCs have recently flocked to Nigeria, a prominent West African country, with the recent stable political climate, immense population (about 170 million), and projected double digit growth rate, and so the country has quickly become a destination of choice for small and large international companies, alike, seeking to take advantage of the perceived business opportunities therein.[5] Earlier on, on May 29, 1999, Nigeria returned to civilian democratic system jettisoning the autocratic military dictatorship, and, by this, opening the Nigerian oil and gas market to foreign direct investment (FDI), with emphasis on the relaxation of strictures imposed against influx of foreigners and foreign funds. Nigeria, therefore has witnessed tremendous increase in FDI.[6]. Along with FDI also came foreign expertise to manage the foreign investment transferred to Nigeria, i.e., closely associated with the flow of capital is the flow of skilled manpower and other requisite intangibles.[7] Under Section 54 of the Companies and Allied Matters Act (CAMA),[8] every foreign company carrying on business in Nigeria is obligated to re-incorporate along with having a physical office address in Nigeria. In doing this, to adhere to domestic provisions and to pursue the business opportunities, The IOCs usually incorporate entities in Nigeria. Yet, such newly incorporated companies, which are predominantly staffed with indigenous citizens, do not always possess the necessary knowledge, experience, or skill sets necessary to carry out the business for which the company has been formed. Accordingly, it is common for such companies to employ the services of international experts commonly referred to as “expatriates” to perform these essential services.[9] *Dr. Olumide K. Obayemi, ACIT, LL.B. (Hons); B.L. (Hons); LL.M. (Alberta Canada), LL.M. in Taxation Law; SJD in International Legal Studies is n Associate Member of the Chartered Institute of Taxation of Nigeria, and also a Senior Lecturer with Lagos State University, Lagos. [1]. See Bimpe Balogun, Taxation of Expatriates, tax Practice Series No. 25, The Chartered Institute of Taxation of Nigeria (2003) at 1. [2]. Olivia Agbajoh, Review of the Corporate Immigration Framework in Law & Human Rights—VANGUARD NEWSPAPER, August 22, 2013. Available at: http://www.vanguardngr.com/2013/08/review-of-the-corporate-immigration-framework/#sthash.ggPUtAbZ.dpuf. [3]. The term Corporations and companies are used interchangeably in this paper and they both refer to same thing—registered entity used by shareholders to carry on business with a separate personality aside from the business owners. [4]. Akinbiyi Abudu, Taxation of Expatriates in Nigeria—Trap for the Unwary, in Ernst & Young: Our African Footprints. Tax focus News and updates across the African continent Issue 5, Vol. 51, 2011. Available at: http://emergingmarkets.ey.com/wp-content/uploads/downloads/2011/11/Tax_Focus_Vol_51.pdf. [5]. Ibid. at 19. [6]. See, Deloitte, InsideTax: Determination of expatriate tax status: relevance of entry, visas & work permits, Available at: http://www.deloitte.com/assets/Dcom-Nigeria/Local%20Assets/Documents/Tax%20Publications/Inside%20Tax/Inside%20Tax%20-%20Issue%2037.pdf. [7]. Ibid. [8]. CAMA refers to the current operative Companies/Corporations law legislation in Nigeria, known as the Companies and Allied Matters Act. This was formerly referred to as the Companies and Allied Matters Decree, 1990. However, by the consolidation of the Laws of the Federation of Nigeria in 1990, it was re-designated as the Companies and Allied Matters Act, Cap 59, Laws of the Federation of Nigeria, (LFN) 1990. This 1990 Act is now replaced and amended by the Companies and Allied Matters, Act Cap C20, Laws of the Federation of Nigeria (LFN), 2004. For ease of reference, it will be referred to as “CAMA” in this paper. [9]. See, Akinbiyi Abudu, supra note 4, at 19

Implementing General Anti-Avoidance Rules (GAAR) in Nigeria: Revisiting Oando Plc vs FIRS (Oando IV) (2014) 16 TLRN 99 and the Excess Dividend Rule Under Section 19 of the Companies Income Tax Act

This paper reviews the Excess Dividends Tax (“EDT”) rule contained in Section 19 of the Nigerian Companies Income Tax Act (“CITA”) as a veritable means of curbing tax avoidance and/or tax evasion in Nigeria, and argues that notwithstanding the weight of argument against the EDT rule, the EDT regime ought to be strengthened, albeit, with sufficient and clear modifications to enable its smooth and efficient administration. As presently interpreted in Oando Plc vs FIRS (Oando IV), the EDT seeks to impose additional corporate tax on retained earnings or the Franked Investment Income (“FII”) of a corporation, and that would amount to, in practical terms, double taxation

Assessing Risk of Influenza Infection on a College Campus: An Emphasis on Housing Arrangement

Graduate Applie

Twenty-Five Years after Section 72 of Cama Amendments to Pre-Incorporation Contracts Law in Nigeria.

With the recent global economic downturn, International Oil Corporations (IOCs) are increasingly focused on exploring business opportunities in regions with significant projected growth opportunities such as Africa and Asia. Several IOCs have recently flocked to Nigeria, a prominent West African country, with the recent stable political climate, immense population (about 170 million), and projected double digit growth rate, and so the country has quickly become a destination of choice for small and large international companies, alike, seeking to take advantage of the perceived business opportunities therein. Thus, this paper evaluates the current state of common law and statutory amendments governing pre-incorporation contracts in Nigeria within the context of similar rules in the commonwealth countries around the world. It seeks to provide protection to the company, the promoters, the shareholders and the third parties who have entered into pre-incorporation contracts with the promoters prior to the formal incorporation of the company. In making recommendations for amending the current Nigerian statutory law on pre-incorporation contracts, the authors propose rules that must balance the privacy of the company’s contracts while making sure fairness and equity are extended to all stakeholders. Most of the recommendations suggested take into consideration the peculiar economic environment that Nigerian businesses operate within, i.e., where there is paucity of information and where official facts are not almost readily available, hence, the recommendation for a notarized copy of the pre-contract stating its value in the objects and memorandum of association of the company, especially where the value of the pre-incorporation contract is equal or greater than the total value of the allotted shares of the company

Documentary Credit on International Trade Financing: Its Nature and the Legal Implications

A letter of credit (L/C)[1] is defined in Article 2 of Uniform Code of Customs and Practice (UCP) as . . . any arrangement, however named or described, whereby a bank (the ‘issuing bank) acting at the request and on the instructions of a customer (the ‘Applicant) or on its own behalf: i.              is to make payment or to the order of a third party (the ‘Beneficiary’), or is to accept and pay bills of exchange (Draft(s) drawn by the Beneficiary; or ii.             authorizes another bank to effect such payment, or accept and pay such bills of exchange (draft(s); or iii.            authorizes another bank to negotiate against stipulated document(s) provided that the terms and conditions of credit are complied with. It is an instrument issued by a bank on behalf of the importer (buyer) promising to pay the exporter (beneficiary) upon presentation of shipping documents in compliance with the terms stipulated herein. [1] Article 2 of Uniform Code of Customs and Practice (UCP) 1993 revisio

Assessment of the Role of the Nigerian Police Force in the Promotion and Protection of Human Rights in Nigeria

This article examines the role of the Nigerian Police Force in the promotion and protection of human rights in Nigeria. It discusses the concept of human rights under international and domestic law. It highlights the powers of the Nigerian Police Force under the Police Act and the Administration of Criminal Justice Act, 2015 and observes that although the police use discretion to support human rights, it is the abuse of the discretion and power that results in violation of human rights of citizens. This article identifies the rights most subjected to abuse by the police as the right to life, dignity of the human person, liberty, fair hearing, privacy and family life and analyzes some of the factors responsible for the ineffective performance of the police. As a result, the paper recommends a number of legal and institutional reforms to make the police force more effective in their duties and in the protection and promotion of the human rights of citizens. The article concludes, however, that the government should overhaul the entire police structure in Nigeria by implementing a community policing strategy across the country