• About
  • Advertise
  • Contact
Wednesday, November 19, 2025
  • Login
Vital News
  • Frontpage
  • Business
  • Economy
  • Politics
  • National
  • Opinion
  • Sports
  • More
    • Crime
    • Judiciary
    • Security
No Result
View All Result
  • Frontpage
  • Business
  • Economy
  • Politics
  • National
  • Opinion
  • Sports
  • More
    • Crime
    • Judiciary
    • Security
No Result
View All Result
Vital News
No Result
View All Result
Home Business

Ubani, CITN Member Petitions Minister Of Justice Over Finance Bill 2022

Vital News by Vital News
January 23, 2023
in Business
0
Ubani, CITN Member Petitions Minister Of Justice Over Finance Bill 2022
Share on FacebookShare on Twitter

Kehinde Akinpelu

Ilorin – A member of the Taxation Standards and Practice Monitoring Committee of the Chartered Institute of Taxation of Nigeria, (CITN), Mr Francis U. Ubani, (FCTI), has petitioned the Minister fof Justice and Attorney – General of the Federation, Abubakar Malamai (SAN), over some provisions of the Finance Bill 2022.

A copy of the petition which was acknowledged by the Ministry of Justice was made available to journalists on Sunday.

He said the amendment to the sharing formula for revenue from stamp duties/electronic money transfer levy (EMTL) as proposed by the provisions of Section 23 of the Finance Bill 2022, which seeks to amend Section 89A of the Stamp Duties Act, make some substitutions for subsection (4) unconstitutional.

He listed those new subsections as follows – “Notwithstanding any formula that may be prescribed by any other law, the revenue accruing by virtue of the operation of this section, shall on the basis of derivation, be distributed as follow: – (a) 15% to the Federal Government and the Federal Capital Territory, Abuja; (b) 50% to the State Governments; and (c) 35% to the Local Governments.”

RelatedStories

Dangote Unveils New Sugar Pack Sizes At Lagos Trade Fair, Recommits To Nigeria’s Full Industrialization

ECCIMA Applauds FG’s “Nigeria First” Policy, Says 15% Import Tax On PMS And Diesel Will Boost Jobs, Economic Growth

Dangote Fertiliser Limited Partners German’s thyssenkrupp Uhde To License Four Urea Granulation Units In Nigeria

Dangote Poises To Showcase Products, Innovations At Lagos International Trade Fair

According to him, these are clearly inconsistent with, and in violation of the provisions of Section 163 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and therefore are null, void and of no effect whatsoever.

He maintained this is so since the distribution of the Stamp Duties/Electronic Money Transfer Levy (EMTL) revenue is based on derivation, pursuant to the provisions of Section 163 of the Nigerian Constitution, and should not be shared through “the Federation Account” pursuant to Section 162 of the said Constitution, without proper Constitutional amendment.

He said, “It is in fact, very clear that the provisions of Section 163 of the Constitution under reference, that Capital Gains Tax and Stamp Duties are supposed to be paid, when applicable to the States from which they are derived and not for the benefit, inter alia, of ALL the States, which will be the case, were the tax and duties are to be paid into the Federation Account, pursuant to Section 162 subsection (3) of the Constitution).”

Ubani also said the change of nomenclature from duty to levy does not in any way remove the powers of the relevant tax authorities in the States of the Federation, to charge and administer duties/levies paid by individuals on qualified chargeable instruments initiated and executed or transactions initiated and carried out between persons or individuals in the various States of the Federation, under Section 4 (2) of the Stamp Duties Act, 2004, as amended.

He said, “It therefore, follows that the various States of the Federation are clearly entitled, pursuant to Section 4 (2) of the Stamp Duties Act, CAP S8, LFN, 2004, as amended by Section 53 (b) of the Finance Act, 2019, and Section 89, as amended by Section 54 of the Finance Act, 2019, as well as the new Section 89A of Finance Act, 2020, to demand from Deposit Money Banks and Financial Institution’s remittance of stamp duties on qualified chargeable electronic transfers, teller deposits and other qualified dutiable instruments initiated and executed between persons or individuals, whose accounts are domiciled within the territory of each of the various States of the Federation.

“As currently constituted and administered, the Stamp Duties Act did not permit the infringement by the Federal Government, through the FIRS, into area which, under the precise and well spelt out separation of taxing powers enshrined in Section 4 (1) and 4 (2) of the SDA, as amended, are within the exclusive preserve of the States.

“It is therefore, our contention that stamp duties collected by the Government of the Federation, through FIRS, under Section 4 (1) cannot be paid into the Federation Account as directed by the FIRS, in paragraph 7 of the Press Release on collection and remittances of stamp duties dated 20/7/2020, and the CBN’s circulars, as doing so would be inconsistent with, and in violation of the provisions of Section 163 of the Constitution of the Federal Republic of Nigeria, 1999, as altered.

“It is pertinent to point out that in the Finance Acts, 2019 and 2020, the definition of the stamp, instrument and receipt was enhanced to include electronic transactions and receipts and specifically imposed a charge of N50.00 on electronic transfers of N10, 000.00 and above made through any bank platform. Under the Finance Act, 2020, Electronic Stamp Duty was replaced with Electronic Money Transfer Levy, but there is nothing in the provisions of the Finance Act, 2020, that renders Section 4 (2) of the Stamp Duties Act, 2004, as amended, ineffective. The Finance Act, of 2020, further amended the Stamp Duties Act, 2004, by the introduction of a new Section 89A, which introduced an Electronic Money Transfer Levy on electronic receipts or transfers in banks or financial institutions. It did not abrogate the original Section 89, which is still effective and subsisting. The new Section 89A of the Finance Act, 2020, also did not render the provisions of Section 4 (2) of the said Stamp Duties Act, 2004, as amended, ineffective, any “Transfer Levy” paid by individuals on transfers between persons or individuals is still collectible by the relevant Tax Authorities in the various States of the Federation.”

He added, “The National Assembly has put the requisite legislation for distribution of proceeds from Stamp Duties/EMTL among the various States of the Federation on the basis of derivation under Section 48 (4) of the Finance Act, 2020.

“Therefore, how the net proceeds of such tax or duty are to be distributed among the different States of the Federation is now provided under Section 48 (4) of the Finance Act, 2020. It, therefore, follows that there is no basis for the provisions, as currently provided under Section 27 of the Finance Act, 2021, and Section 23 of the Finance Bill, 2022, and should therefore be voided and not allowed to subsist.

“From the provisions of the Stamp Duties Act, 2004, as amended, particularly Sections 4 (1) of the Stamp Duties Act, as amended by Section 53 (a) of the Finance Act, 2019, empower the Federal Government of Nigeria, through the Federal Inland Revenue Service (FIRS) to collect duties derivable from instruments initiated and executed or transactions initiated and carried out between a company and an individual, group or body of individuals i.e. corporate bodies. While, Sections 4 (2) of the said Act, as amended by Section 53 (b) of the Finance Act, 2019, empower the State Governments through their respective State Tax Authorities, to impose and collect duties on instruments initiated and executed or transactions initiated and carried out between persons or individuals whether electronically done or otherwise by Bank Tellers or other documents within the territory of each State.

“It is pertinent to point out that Sections 4 (1) and 4 (2) of the Stamp Duties Act, 2004, as amended, clearly provided for what is to be collected between the Federal Government and State Governments. Therefore, it is only the stamp duties and electronic money transfer levy (EMTL) that is collected by the Federal Government through FIRS, pursuant to Section 4 (1) of the said Stamp Duties Act, that should be distributed according to derivation, pursuant to Section 163 (b) of the Constitution, while the different States of the Federation should collect stamp duties and EMTL, pursuant to Section 4 (2) of the Stamp Duties Act, and Section 163 (a) of the Constitution, which currently, the Deposit Money Banks (DMBs) and Financial Institutions have not been complying with, based on the purported Federal Inland Revenue Service (FIRS) Press Release captioned “Clarification of Administration of Stamp Duties in Nigeria” and Central Bank of Nigeria (CBN) Circulars referenced CBN/GEN/DMB/02/006, dated 15/1/2016, and PSM/DIR/CON/CWO/07/066, dated 8/5/2020, that are not laws and having no binding effect whatsoever.”

“Ubani also urged all Federal Government Institutions, Money Deposit Banks and Individuals involved, to be more transparent and come clean, and obey the Rule of Law on stamp duties/EMTL collection, recovery and distribution, as enshrined in the relevant provisions of the 1999 Nigerian Constitution as amended, and the Stamp Duties Act, 2004, as amended.

He said, “It is obvious that the activities of the Federal Government, through the FIRS, CBN, and Deposit Money Banks, in the collection, remittance and distribution of stamp duties/EMTL is shrouded with a lot to be desired, and calls to question as to the motive behind the unwholesome actions of the Federal Government, and its agencies (FIRS) and (CBN) in this regard.

“It is obvious that the activities of the Federal Government, through the FIRS, CBN, and Deposit Money Banks, in the collection, remittance and distribution of stamp duties/EMTL is shrouded with a lot to be desired, and calls to question as to the motive behind the unwholesome actions of the Federal Government, and its agencies (FIRS) and (CBN) in this regard.

“Deposit Money Banks and Financial Institutions should henceforth stop remitting qualified chargeable stamp duties/EMTL accruable to the different States of the Federation, pursuant to Section 4 (2) of the Stamp Duties Act, 2004, as amended to FIRS.

“The different States of the Federation have a duty to explore and track the recovery of stamp duties/EMTL that accrue to both the Federal and State Governments, pursuant to Section 4 (1) and 4 (2) of the Stamp Duties Act, and Section 163 (a) and (b) of the 1999 Constitution, as altered and to recover back years of unremitted stamp duties from banks and other companies in the various sectors of the economy.

“It would be a welcome idea, and we hereby call on the Federal Government, and its agencies, (FIRS and (CBN), to create a dashboard that shows daily stamp duties/EMTL collections by banks and other financial institutions, under Section 4 (1) and 4 (2) of the Stamp Duties Act, so that all concerned, including the FIRS, CBN, and the various State Relevant Tax Authorities, can access and view them real time, so as to overcome the secrecy surrounding the collection of the stamp duties/EMTL.”

Tags: billCITNtaxUbani
Previous Post

Mammoth Crowd Receives Buhari, Tinubu At Bauchi APC Rally

Next Post

Appeal Court Orders APC To Conduct Fresh Guber Primary In 11 Benue LGs

Vital News

Vital News

RelatedStories

Dangote Unveils New Sugar Pack Sizes At Lagos Trade Fair, Recommits To Nigeria’s Full Industrialization
Business

Dangote Unveils New Sugar Pack Sizes At Lagos Trade Fair, Recommits To Nigeria’s Full Industrialization

November 12, 2025
ECCIMA Applauds FG’s “Nigeria First” Policy, Says 15% Import Tax On PMS And Diesel Will Boost Jobs, Economic Growth
Business

ECCIMA Applauds FG’s “Nigeria First” Policy, Says 15% Import Tax On PMS And Diesel Will Boost Jobs, Economic Growth

November 11, 2025
Dangote Fertiliser Limited Partners German’s thyssenkrupp Uhde To License Four Urea Granulation Units In Nigeria
Agriculture/ Water/ Mineral

Dangote Fertiliser Limited Partners German’s thyssenkrupp Uhde To License Four Urea Granulation Units In Nigeria

November 11, 2025
Truck Involved In Fatal Accident In Akungba, Belongs DeGreat Rismub Company – Police
Business

Dangote Poises To Showcase Products, Innovations At Lagos International Trade Fair

November 7, 2025
Driving Africa’s Low-Carbon Future : Dangote Cement Commits To 100% CNG Fleet
Business

Driving Africa’s Low-Carbon Future : Dangote Cement Commits To 100% CNG Fleet

November 5, 2025
Next Post
Kogi vs EFCC : Agbakoba Heads To  Court To Challenge Scope Of Powers Of EFCC

Appeal Court Orders APC To Conduct Fresh Guber Primary In 11 Benue LGs

Penis Injury On The Rise In UK, 169 Fractured Manhoods Repaired In One Year

FIRS Breaks Record In Revenue Collection, Nets N10.1trln In 2022

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Follow Us

Recommended

Maintain Peaceful Conduct During Election,, Gov Bello Charges APC Stakeholders

No Single Tribe Can Decide Who Becomes Governor Of Kogi – Bello

2 years ago
We Must Restore People’s Confidence In Government , Lagos Commissioner Charges Stakeholders

We Must Restore People’s Confidence In Government , Lagos Commissioner Charges Stakeholders

2 years ago
Israel Returns ‘Decomposed’ Bodies Of 89 Palestinians To Gaza

Israel Returns ‘Decomposed’ Bodies Of 89 Palestinians To Gaza

1 year ago

Ibadan is Africa’s second fastest growing city for 2022 – UN-Habitat

3 years ago

Instagram

    Please install/update and activate JNews Instagram plugin.

Categories

  • Agriculture/ Water/ Mineral
  • Aviation
  • Business
  • Crime
  • Culture
  • Economy
  • Education
  • Entertainment
  • Environment
  • Football
  • Foreign
  • Gender
  • Health
  • Judiciary
  • Labour
  • Maritime/ Marine Transport
  • National
  • News
  • Oil & Gas
  • Opinion
  • Opinion
  • Politics
  • Power
  • Religion
  • Security
  • Sports
  • Tourism
  • Transport
  • Uncategorized

Topics

Abiodun Abuja APC arrest Atiku Bandits Bello Benue Buhari CBN cement Court Dangote death dies drugs Economy EFCC Election FG gunmen Hajj INEC Kano kidnap Kill Kogi Kwara Lagos NDLEA Niger Nigeria Ododo Ogun Oyo PDP Police Power refinery rescue road Security students Tinubu US
No Result
View All Result

Highlights

Worsening Insecurity : APC Puts Off Reception In Honour Of Gov. Agbu Kefas, Other Defectors

60th Birthday Anniversary : Oyebamiji Expresses Gratitude To President Tinubu, Oyetola, Others

Your Call For Foreign Invasion Of Nigeria Shameless, Unpatriotic, Irresponsible, APC Tells PDP

President Tinubu To Attend G20 Leaders Meeting In Johannesburg, AU-EU Summit In Angola

Veteran Sports Journalist, Ndamadu Sule Is Dead

Governor Ododo Distributes 49 Operational Vehicles To Security Agencies In Kogi

Trending

President Tinubu Deploys 900 Additional Troops To Kwara As AbdulRazaq Confirms Bandits’ Attack On Eruku Church
News

President Tinubu Deploys 900 Additional Troops To Kwara As AbdulRazaq Confirms Bandits’ Attack On Eruku Church

by Vital News
November 19, 2025
0

Governor AbdulRahman AbdulRazaq of Kwara State has commended President Bola Tinubu for approving the deployment of 900...

YFOADN Applauds 7UP Over Support For Food Security Summit

YFOADN Applauds 7UP Over Support For Food Security Summit

November 19, 2025
BHPF : President Tinubu Approves Immediate Release Of N29,284,145,353.78 To 36 States,FCT

President Tinubu Depressed By Abduction Of 25 School Girls, Sends VP Shettima To Kebbi On Condolence

November 18, 2025
Worsening Insecurity : APC Puts Off Reception In Honour Of Gov. Agbu Kefas, Other Defectors

Worsening Insecurity : APC Puts Off Reception In Honour Of Gov. Agbu Kefas, Other Defectors

November 18, 2025
60th Birthday Anniversary : Oyebamiji Expresses Gratitude To President Tinubu, Oyetola, Others

60th Birthday Anniversary : Oyebamiji Expresses Gratitude To President Tinubu, Oyetola, Others

November 18, 2025
ADVERTISEMENT
Vital News

Vital News is an online newspaper with a mission to uphold professional journalism by reporting and publishing only facts and figures-based news reports across Nigeria and beyond.

Recent News

  • President Tinubu Deploys 900 Additional Troops To Kwara As AbdulRazaq Confirms Bandits’ Attack On Eruku Church November 19, 2025
  • YFOADN Applauds 7UP Over Support For Food Security Summit November 19, 2025
  • President Tinubu Depressed By Abduction Of 25 School Girls, Sends VP Shettima To Kebbi On Condolence November 18, 2025

Categories

  • Agriculture/ Water/ Mineral
  • Aviation
  • Business
  • Crime
  • Culture
  • Economy
  • Education
  • Entertainment
  • Environment
  • Football
  • Foreign
  • Gender
  • Health
  • Judiciary
  • Labour
  • Maritime/ Marine Transport
  • National
  • News
  • Oil & Gas
  • Opinion
  • Opinion
  • Politics
  • Power
  • Religion
  • Security
  • Sports
  • Tourism
  • Transport
  • Uncategorized

© 2022 Vital News - . All Rights Reserved.

No Result
View All Result
  • Frontpage
  • Business
  • Economy
  • Politics
  • National
  • Opinion
  • Sports
  • More
    • Crime
    • Judiciary
    • Security

© 2022 Vital News - Vital News by Vital News.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In