Abubakar Malami, the Attorney-General of the Federation (AGF) has been sued by the Attorneys-general of the 36 states over non-remission of funds generated from stamp duties into state accounts.
The state attorneys-general in the lawsuit filed before the supreme court on August 24 and marked SC/CV/690/2021, argued that state governments have the sole authority to collect stamp duties and not the federal government.
The apex court was asked to determine; “Whether or not whether or not, having regard to the mandatory provisions of Section 4(2) of the Stamp Duties Act Cap. S8 Laws of the Federation of Nigeria (LFN), the plaintiffs (all the state attorneys) are not the sole authority to administer and collect stamp duties on all transactions involving individuals/persons within their respective states? Whether having regard to the provisions of Section 4(2) of the Stamp Duties Act Cap. S8 of the Laws of the Federation of Nigeria read in conjunction with the provisions of Section 163, items 58 and 59 of the Second Schedule part I and items 7 (a) and (b) of the second Schedule part II and other provisions of the Constitution of the federal republic of Nigeria, 1999 (as amended), the defendant (Malami) could claim, retain, distribute or in any other manner deal with the monies or sums collected as stamp duties on individual person transactions within the respective states of the plaintiffs without reference to, the concurrence of, input or agreement of the plaintiffs? Whether or not they are entitled to 85% of all stamp duties collected on electronic money transfer levy, on electronic receipts or electronic transfer for money deposited in deposit money banks and financial institutions, on any type of account to be accounted for and expressed to be received by the person to whom the transfer or deposit is made in the plaintiffs’ respective states. Should the issues above be resolved in their favour, the state attorneys-general asked the court to declare that they “are the sole authorities entitled to administer and collect stamp duties on all transactions involving individuals within their respective states”.
The plaintiffs also asked the court to issue an order directing Malami to account for and pay back all monies and collected by way of stamp duties on individual persons’ transactions within their respective states from the period of 2015-2020 and thereafter till the time of the judgment.
They also asked for “A declaration that the defendant is not entitled to collect, administer, or keep the proceeds of any stamp duties on transactions involving individuals within the respective states of the plaintiffs or any manner interfere with the Plaintiff’s right and authority in the administering the provision of Section 4(2) of the Stamp Duties Act Cap. S8 Laws of the Federation of Nigeria. A declaration that the plaintiffs are entitled to all the sums of money collected by the defendant as stamp duties through whatever source or means in their respective states from 2015-2020 and thereafter till the time of the judgment of this honourable court with respect to individual persons’ transactions. A declaration that the plaintiffs are entitled to 85% of all stamp duties collected on electronic money transfer levy, on electronic receipts or electronic transfer for money deposited in deposit money banks and financial institutions, on any type of account to be accounted for and expressed to be received by the person to whom the transfer or deposit is made in the plaintiffs’ respective states. An order of this honourable court directing the defendant to pay over to the Plaintiffs all the sum of monies amounting to One Hundred and Seventy-Six Billion, Sixty Seven Million, Four Hundred Thousand Naira (N 176,067,400,000,00) representing ascertained and admitted collected stamp duties on individual persons’ transactions within their respective states for the period of 2015- 2020 and thereafter till the time of the judgment of this honourable court or any other sum as the plaintiffs may be found entitled by the honourable court. An order of perpetual injunction restraining the defendant by himself, privies, agents or any persons by whatever name or how so ever called from appointing anyone for the purpose of collecting Stamp Duties on individual persons’ transactions within the respective states of the plaintiffs henceforth.”
No date has been fixed for a hearing yet. This is coming at a time when the Rivers state and Lagos state governments have begun processes of collecting Value Added taxes in their respective states.