Justice Chukwujeku Aneke, sitting in the Federal High Court in Lagos on Tuesday reserved ruling in a preliminary objection filed by the Attoney General of the Federation asking the court not to entertain the MTN suit bordering on N242billion and $1.3billion import duties and withholding tax assessments.
"MTN filed this case as a result of the letter written by the AGF asking MTN to pay the tax due to the Federal Government of Nigeria over the past 10 years, but rather than responding to this directive, they instituted this case," he said. "This case does not amount to the AGF acting outside the scope of his office. AGF can even file a charge or civil siut to recover the money," Gazali said and urged the court to strike out or dismiss the suit.
"My Lord can even order parties for oral evidence in determining our reliefs. We urge your Lordship to dismiss this objection as being frivolous," he said. “That the purported 'Revenue Assets Investigation' allegedly carried out by the Federal Government on MTN, for the period of 2007 – 2017, and its decision conveyed through the office of the AGF by a letter dated August 20, violates the provisions of section 36 of the constitution.
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