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VAT In Nigeria: Wike Drags FG To Supreme Court

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VAT In Nigeria: Wike Drags FG To Supreme Court

Value Added Tax (VAT) in Nigeria controversy has taken a new turn, as Governor Nyesom Wike of Rivers State, dragged the federal government to a Supreme Court.

As reported on Newsrand, a Federal High Court sitting in Port Harcourt, had on Monday, August 9, 2021, declared that the Rivers State Government and not the Federal Inland Revenue Service (FIRS) should collect VAT in the state.

Following the Federal High Court ruling, the matter was taken to the court of appeal, which on Friday, September 10, held that parties should refrain from giving effect to the judgment of the trial court in Port Harcourt pending the hearing and determination of the application of the FIRS to stay execution of the trial court’s judgment.

Not pleased with the appeal court’s order, Wike approached the Supre Court to challenge the ruling that all parties in the matter should maintain status quo in the VAT in Nigeria dispute.

As seen in the notice of appeal, amongst other things, the Rivers State Government is arguing that the “Justices of the Court of Appeal erred in law when they relied on the provisions of Section 6(6) of the Constitution and the inherent jurisdiction of the court to found their decision to make an order to maintain status quo which they identified as restoring the parties to the position they were before the judgment of the Federal High Court in FHC/PH/CS/149/2020 was delivered on 9th August 2021.”

Rivers State is also of the opinion that “the learned Justices of the Court of Appeal erred in law when they wrongly assumed jurisdiction to entertain the oral application for the maintenance of status quo made by the counsel for the Federal Inland Revenue Service (the 1st Respondent herein) in spite of the fact that a condition precedent to the invocation of the jurisdiction of the Court of Appeal was not fulfilled by the first respondent.”

What is VAT in Nigeria

Newsrand understands VAT in Nigeria is a consumption tax paid when goods are purchased and services are rendered. It is charged at a rate of 7.5%.

How states shared VAT revenue from FAAC between January 2020 and February 2021

  • Lagos -N153.94 billion
  • Kano -N32.48 billion
  • Oyo -N29.85 billion
  • Rivers -N28.43 billion
  • Kaduna -N24.75 billion
  • Katsina -N22.72 billion
  • Delta -N20.91 billion
  • Bauchi -N20.49 billion
  • Anambra -N20.14 billion
  • Jigawa -N20.13 billion
  • Nasarawa -N15.36 billion
  • Bayelsa -N15.79 billion
  • Taraba -N16.23 billion,
  • Gombe -N16.33 billion
  • Kwara -N16.35
  • Ekiti -N16.46 billion
  • Yobe -N16.90 billion
  • Abia -N17.03 billion
  • Ebonyi -N17.04 billion
  • Cross River -N17.17 billion

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Economy

Dollar To Naira Exchange Rate Today (Fri. Aug. 12, 2022)

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Dollar To Naira Exchange Rate Today (Fri. Aug. 12, 2022)

Dollar to naira, on Friday, August 12, 2022, opened at (undisclosed) at the Investors & Exporters FX window ( I&E FX Window), where the currencies officially trade.

According to the data at the FMDQ Security Exchange where forex is traded officially, the dollar to naira exchange rate stood at (undisclosed).

This would mean that the Nigerian currency either gained or lose in value against the United States dollar, as foreign exchange (forex) trading closed at N419.22 per $1 on Thursday, August 11.

How much is the dollar to naira at the black market today?

Going by sources at the Bureau De Change (BDC) in Lagos, dollar to naira is currently selling for N670, and being bought for N665 in the black market in the state.

It is however pertinent to note that the Central Bank of Nigeria (CBN) does not recognise the parallel market (black market), as it has directed individuals who want to engage in forex to approach their respective banks.

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Economy

FG Vows To Go Ahead With New Tax On Data And Call

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FG Vows To Go Ahead With New Tax On Data And Call

The Federal Government has vowed to go ahead with the planned implementation of a five percent hike in call and data tariffs.

A statement from the Federal Ministry of Finance Budget and National Planning maintained the tariff hike will go on despite resistance from Minister of Communication and Digital Economy Prof. Isa Ali Pantami.

The statement insisted the government will begin “the implementation of five percent excise duty tax on all voice calls, SMS and data services, in addition to the existing 7.5 percent Value Added Tax (VAT), paid for goods and services across all sectors of the economy”.

Minister of Finance Budget and National Planning Zainab Ahmed made the disclosure at a stakeholders’ meeting organised by the Nigerian Communications Commission (NCC), the telecoms industry regulator.

Ahmed, who was represented by the Assistant Director, Tax Policy, Federal Ministry of Finance, Budget and National Planning, Musa Umar, said: “Henceforth, the five percent excise duty will be collected by telecom operators and payment made to the federal government on a monthly basis, on or before 21st of every month.”

Reacting to Patanmi’s resolve to resist the tariff hike, Ahmed noted: “The five percent excise duty has been in the Finance Act 2020, but has never been implemented.

A circular stating the planned hike was addressed to the Communications and Digital Economy Minister and other relevant ministries and agencies of government.

Part of the circular reads: “This is to convey that his Excellency Mr. President has approved Supplementary Protection Measures (SPM) for implementation of ECOWAS Common External Tariff (CET) 2022-2026 and excise duties on non-alcoholic beverage, cigarettes and Tobacco products as well as telecommunication services with effects from 1st April 2022.

The circular signed by Ahmed adds: “A grace of ninety (90) days commencing from the date of implementation of this circular i.e April 1, 2022, shall be granted to all importers who had opened Form M and must have entered into irrevocable trade agreement before the coming into effect of this circular to process and clear these goods at the prevailing duty rates.

However new import transactions entered from the 1st of April 2022 will be subjected to the new import duty regime”.

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Nigeria’s Crude Oil Production Drops, Says OPEC

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Nigeria's Crude Oil Production Drops, Says OPEC

Nigeria’s crude oil production plunged by 2.3 million barrels in July 2022 when compared to what the country produced in the preceding month of June, data from the Organisation of Petroleum Exporting Countries (OPEC) shows.

In its latest Monthly Oil Market Report for August 2022, OPEC stated that crude oil production figures based on direct communication indicated that Nigeria’s output dropped by an average of 74,000 barrels per day in July.

This implies that for the 31 days in July, the country lost about 2.3 million barrels of crude oil. The organisation further stated that the average cost of Brent crude, the global benchmark for oil, during the month under review was $105.12/barrel.

By losing 2.3 million barrels in July this year, it means Nigeria’s oil earnings fell by about $241.1m or N101.13bn (at the official exchange rate of N419.37/$) in the month under review.

Data from OPEC showed that Nigeria’s oil production in June 2022 was 1.158 million barrels per day, but this dropped to 1.084 million barrels per day in July.

The country had produced 1.024 million barrels per day in May this year, according to figures released by OPEC on Thursday.

The Federal Government, operators and experts have consistently fingered crude oil theft in the Niger Delta as the major reason for Nigeria’s poor output and its continued failure to meet the monthly oil production quota approved by OPEC.

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