29th October, 2019
A Federal High Court Lagos on Tuesday, further adjourned hearing, until Jan. 30 and Jan. 31, 2020, of a suit filed by MTN Nigeria Communication Ltd against the Attorney General of the Federation, over alleged N242 billion and 1.3 billion dollars import duties and withholding tax assessments.
News Agency of Nigeria (NAN) reports that MTN instituted the suit by a writ, on Sept.10, 2018, challenging mainly, the legality of the AGF’s assessment of its import duties, withholding tax and value added tax in the sums of N242 billion and 1.3 billion dollars.
The plaintiff is seeking among other declaratory reliefs, a declaration that the AGF’s demand of the sums of N242 billion and 1.3 billion dollars from MTN, is premised on a process which is malicious, unreasonable and made on incorrect legal basis.
When the case was called on Tueday, Chief Wole Olanipekun, SAN, leading a team of other senior lawyers appeared for MTN.
On the other hand, Mr T.A. Gazali, a State Counsel from the Federal Ministry of Justice, alongside Mr Terhember Agbe, announced appearances for the AGF.
Plaintiff’s counsel then informed the court that he was ready to proceed with trial but had been called by the respondent who informed him that he would not be able to proceed with trial as he was representing government in another matter.
Olanipekun also told the court that he had filed a reply to the plaintiff’s motion and had served same on him but added that since the respondent said he required time to study same, it will only be fair to allow him.
On his part, Gazali also informed the court of his motion seeking extension of time to regularise his processes.
Following consensus of parties, Justice Chukwujekwu Aneke adjourned the case until Jan. 30 and 31, 2020 for hearing.