Oyo joins Lagos, Rivers in VAT battle

Oyo State government has formally requested to be joined in the suit for states collection of the Value Added Tax (VAT) from the Federal Inland Revenue Service (FIRS).

The state petitoned the Court of Appeal sitting in Port Harcourt, Rivers State, to join it in the suit instituted by the Rivers State government against the attorney-general of the federation in respect of the bid by the state to take over the role from the federal agency.

In the suit, filed by its Attorney-General/Commissioner for Justice, Prof. Oyelowo Oyewo, the state is seeking an order of the appellate court to enable Oyo State to join the suit as an interested party.

The two orders being sought by the government are: an order of the Honourable Court joining the Attorney-General of Oyo State as a respondent on the appeal with suit number FHC/PH/CS/149/2020 and appeal number CA/PH/282/2021, and any other order the court may deem fit..

The state indicates that the applicant (attorney-general) “represents the interest of the Oyo State government, whose interest in the collection of Value Added Tax within Oyo State will be impacted one way or another by any judgment delivered by this Honourable Court in this appeal.

“The Applicant is a necessary party to this suit being a party who will be bound by the judgment of this Honourable Court in this appeal.

“The interests of the applicant and that of the Respondent, in this case, are similar, being States within the Federal Republic of Nigeria.”

In the 12-paragraph affidavit in support of the motion, which was filed by Mr. Olatunji Sunday Thomas, the Director of Civil Litigation in the Oyo State Ministry of Justice, Oyo State, the government said “it is in the interest of justice that the Honourable Court grants the application, adding that the joinder would not prejudice the appellants/respondents.

“The state, being one of the 36 states of Nigeria, will be affected by the decision of the appellate court, adding that joining the state to the suit already instituted by Rivers State will help to avoid multiplicity of suits by the states against the Federal Government.”

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