Close Menu
  • Home
  • News Update
  • Legal Updates
  • Free Legal Resources
  • Law News
  • More
    • Legal Articles & Commentaries
    • Recent Events
    • Promotions
    • About Us
    • S.C Report Online
    • S.C Report Printed Editions

Subscribe to receive Updates

Get the latest updates from us

What's Hot

Court Convicts Former Power Minister Over Alleged ₦33.8bn Fraud

May 7, 2026

FCT Police Command Orders Mandatory Mental Health Screening for Officers

May 3, 2026

CAC Drops Major Update, Tightens Security — Here’s What Every User Must Do Now

May 3, 2026
Facebook X (Twitter) Instagram
Facebook X (Twitter) Instagram
Lawbreed Blog
Visit our Website
  • Home
  • News Update

    Court Convicts Former Power Minister Over Alleged ₦33.8bn Fraud

    May 7, 2026

    FCT Police Command Orders Mandatory Mental Health Screening for Officers

    May 3, 2026

    CAC Drops Major Update, Tightens Security — Here’s What Every User Must Do Now

    May 3, 2026

    Supreme Court reaffirms David Mark as ADC Chairman

    May 1, 2026

    PDP Ibadan convention illegal, Supreme Court rules

    May 1, 2026
  • Legal Updates

    Case Law Friday: Substantial Justice Over Technicalities – A Supreme Court Insight from FRN v. Odeh (2025) 4–5 S.C. (Pt. I) 1 @ 35–38

    April 17, 2026

    Recalibrating Physical Planning In Nigeria

    September 19, 2025

    How to Process a Change of Name at the Supreme Court : Updated Requirements

    May 8, 2025

    What residents should know and do about Wike’s land policy to protect properties

    April 15, 2025

    EXPLAINER: What constitution says about emergency rule, governor’s suspension

    March 19, 2025
  • Free Legal Resources

    [Download Judgment] Court convicts Nnamdi Kanu on all seven terrorism counts in Abuja

    November 20, 2025

    US court orders FBI, DEA to release records on Tinubu’s investigation (See UNITED STATES DISTRICT COURT MEMORANDUM OPINION)

    April 14, 2025

    Relief for Tinubu as U.S. judge denies Greenspan’s motion to fast-track confidential records disclosure by FBI, CIA, others

    October 24, 2023

    Nigeria wins $11bn P&ID case in UK court (Download Judgment)

    October 23, 2023

    Download: 12-hour marathon judgement delivered by the Presidential Election Petitions Court

    September 9, 2023
  • Law News

    “Not Qualified for Admission” — Appeal Court Backs Cancellation of Orji Kalu’s Degree

    April 28, 2026

    Court restrains firm directors from selling assets

    April 28, 2026

    Court Restrains Police, FRSC from Enforcing Third-Party Insurance Fines on Motorists

    April 24, 2026

    Court Remands Alleged Coup Plotters in DSS Custody

    April 22, 2026

    ‘I’m a UNN Law Graduate but Didn’t Attend Law School’ — EFCC Probes Suspected Fake Lawyer

    April 22, 2026
  • More
    • Legal Articles & Commentaries
    • Recent Events
    • Promotions
    • About Us
    • S.C Report Online
    • S.C Report Printed Editions
Lawbreed Blog
Home»Business & Tax Information»Tax: Court Nullifies Laws Demanding 50% Payment of Disputed Assessment
Business & Tax Information

Tax: Court Nullifies Laws Demanding 50% Payment of Disputed Assessment

Lawbreed LimitedBy Lawbreed LimitedNovember 11, 2023No Comments5 Mins Read
Facebook Twitter Pinterest LinkedIn Tumblr Email
gavel
Share
Facebook Twitter LinkedIn Pinterest Email WhatsApp

Justice James Omotosho of a Federal High Court, Abuja, yesterday, declared as unconstitutional, null and of no consequences, some sections of the Tax Appeal Tribunal (Procedure) Rules ( 2021), the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions (2021), and the Federal High Court of Nigeria (Tax Appeals) Rules (2022).

Justice Omotosho, in a judgment declared the said sections unconstitutional on the grounds that they constrained the constitutionally provided right of appeal.
A Senior Advocate of Nigeria and former President of the Nigerian Bar Association (NBA), Joseph Daudu, had dragged the federal government to court to challenge the law which had required him to pay 50 per cent of the N1.2 billion tax he was billed, before he could appeal his assessment.

Daudu, in the suit marked: FHC/ABJ/CS/12/2022, claimed among others, that the provisions were unfair, unlawful and a violation of the right to appeal.
He then prayed the court to declare the said provisions as unconstitutional, null and void and of no consequences.
Meanwhile, in his judgment yesterday, Justice Omotosho pointed out that although the 1st respondent (the Minister) had power to make rules for the conduct of appeal and not expected to construct an embargo to the enjoyment of the right to appeal of any appellant.

According to him, “the right to appeal is a constitutional right and the 1st respondent cannot take away such right through the making of a subsidiary legislation.”
He added: The law is trite that where any law or subsidiary legislation contravenes the provision of the Constitution, it shall be declared void to the extent of its inconsistency.
“The said provisions being challenged by the Applicant were made to favour the Federal Inland Revenue Service without any attempt to balance the interest of a tax debtor.

“For a tax debtor, who is unable to afford to deposit the entire assessed sum of money, he is automatically deprived his right of appeal.
“This court, as a court of justice, will ensure that justice is done to all parties regardless of their status. This court by virtue of Section 6(6)(b) of the Constitution is empowered to determine issues between government and persons.
“This court will not allow an unjust provision to cripple the constitutional rights of the Applicant.
“In final analysis, I therefore do not hesitate to strike down the offending provisions which in the opinion of this court substantially takes away the right of appeal of a tax debtor such as the applicant.”

Justice Omotosho subsequently went ahead to declare the provisions of Order III Rule (6) (a) of the Tax Appeal Tribunal (Procedure) Rules, 2021 as “unconstitutional, null and void and contrary to the provisions of section 36(1) and (2), Section 6(6) (a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the doctrine of separation of powers.”
He also declared that the provisions of Order V Rule 3 of the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions, 2021 “is unconstitutional, null and void and of no consequence having regard to the provisions of Sections 251(1), 6(6) (a) & (b), 36(1) & (2) of the 1999 Constitution (as amended), Paragraph 17(1) and 21 of the Fifth Schedule to the Federal Inland Revenue Service (Establishment) Act, 2007 and is contrary to the principles of separation of powers and the Rule of Law.”

The judge also declared the provisions of Order V Rule 1 of the Federal High Court of Nigeria (Tax Appeals) Rules, 2022 as “unconstitutional, null and void and of no consequence having regard to the provisions of Sections 251(1), 6(6) (a) & (b), 36(1) & (2) of the 1999 Constitution (as amended), Paragraph 17(1) and 21 of the Fifth Schedule to the Federal Inland Revenue Service (Establishment) Act, 2007, and is contrary to the principles of separation of powers and the Rule of Law.
He issued an order striking down (deleting) the provisions of Paragraph V Rule 3 of the Federal High Court (Federal inland Revenue Service) Practice Directions 2021, or any other similar provision therein, for being unconstitutional and in excess of the powers of the 2nd respondent (the Chief Judge of the Federal High Court) to issue practice directions.

Justice Omotosho also ordered the striking down (deleting) of the provisions of Order V Rule 1 of the Federal High Court of Nigeria (Tax Appeals) Rules 2022, for being unconstitutional and in excess of the powers of the 2nd respondent to issue practice directions and Rules of court.
The judge equally ordered the striking down (deleting) of the provisions of Order IlI Rule 6 (a) of the Tax Appeal Tribunal (Procedure) Rules, 2021 for being unconstitutional, null and void and in excess of the powers of the 1st respondent (the Minister of Finance) to make Rules prescribing the procedure and conduct of appeals before the tribunal.

The Minister of Finance, Budget and National Planning (who made the Tax Appeal Tribunal (Procedure) Rules (2021); the Chief Judge of the Federal High Court (who made the Federal High Court of Nigeria (Federal Inland Revenue Service) Practice Directions (2021) and the Federal High Court of Nigeria (Tax Appeals) Rules (2022), and the Attorney General of the Federation (AGF), were listed as respondents in the suit.

featured
Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
Lawbreed Limited
  • Website
  • Facebook
  • X (Twitter)
  • Instagram
  • LinkedIn

Publishers of Judgments of The Supreme Court of Nigeria (S.C Report) - on the Authority of the Supreme Court of Nigeria

Related Posts

Court Convicts Former Power Minister Over Alleged ₦33.8bn Fraud

May 7, 2026

FCT Police Command Orders Mandatory Mental Health Screening for Officers

May 3, 2026

CAC Drops Major Update, Tightens Security — Here’s What Every User Must Do Now

May 3, 2026

Comments are closed.

DARK HEARTS by Layi Babatunde, SAN – CLICK TO BUY
Top Posts

Trump, Sons, and Trump Organization File $10bn Lawsuit Against IRS and Treasury Over Tax Data Breach

January 30, 2026580 Views

$2bn debt dispute: Court rejects Olanipekun, Banire’s appointments as counsels to Nestoil, Neconde

January 23, 2026555 Views

UK introduces eVisas for Nigerian study, work visa applicants

July 9, 2025552 Views

Federal High Court Declares Lower Courts Lack Powers to Freeze Bank Accounts

January 16, 2026445 Views
QUALITY BOOKS & LAW REPORTS BREEDS QUALITY PRACTICE
https://lawbreed.blog/wp-content/uploads/2020/10/Law-Breed_x264.mp4
Don't Miss

Court Convicts Former Power Minister Over Alleged ₦33.8bn Fraud

News Update May 7, 2026

The Federal High Court sitting in Abuja on Thursday convicted former Minister of Power, Saleh…

FCT Police Command Orders Mandatory Mental Health Screening for Officers

May 3, 2026

CAC Drops Major Update, Tightens Security — Here’s What Every User Must Do Now

May 3, 2026

Supreme Court reaffirms David Mark as ADC Chairman

May 1, 2026

PDP Ibadan convention illegal, Supreme Court rules

May 1, 2026
Stay In Touch
  • Facebook
  • Twitter
  • Pinterest
  • Instagram

Subscribe to get Updates

Get the latest creative news delivered to your email. subscribe now

Supreme Court Report Online (My S.C Extra)
Our Picks

Court Convicts Former Power Minister Over Alleged ₦33.8bn Fraud

May 7, 2026

FCT Police Command Orders Mandatory Mental Health Screening for Officers

May 3, 2026

CAC Drops Major Update, Tightens Security — Here’s What Every User Must Do Now

May 3, 2026

Supreme Court reaffirms David Mark as ADC Chairman

May 1, 2026
Don't Miss

Court Convicts Former Power Minister Over Alleged ₦33.8bn Fraud

News Update May 7, 2026

The Federal High Court sitting in Abuja on Thursday convicted former Minister of Power, Saleh…

FCT Police Command Orders Mandatory Mental Health Screening for Officers

May 3, 2026

CAC Drops Major Update, Tightens Security — Here’s What Every User Must Do Now

May 3, 2026

Supreme Court reaffirms David Mark as ADC Chairman

May 1, 2026
About Us
About Us

Lawbreed Blog is owned by Lawbreed Limited, a full fledged Law publishing and marketing Private Limited Liability Company, incorporated under the Laws of the Federal Republic of Nigeria.

Email Us: mails@lawbreed.com
Contact: +2348077011730

Facebook X (Twitter) Instagram YouTube LinkedIn WhatsApp
Tags
#2023Election Adeleke AGF AI AMCON APC Atiku Bamise Bandits Bill BOSAN Bribe BRT Buhari CBN CJN Covid EFCC FEA feature featured FG FHC FIRS Fraud INEC Lawbreed LAYI BABATUNDE SAN metro Multichoice NBA NICN NJC Nnamdi Kanu NPC Obi Osun State Popular SAN Supreme Court Tax Tinubu Trending Twitter VAT
Most Popular

Trump, Sons, and Trump Organization File $10bn Lawsuit Against IRS and Treasury Over Tax Data Breach

January 30, 2026580 Views

$2bn debt dispute: Court rejects Olanipekun, Banire’s appointments as counsels to Nestoil, Neconde

January 23, 2026555 Views

UK introduces eVisas for Nigerian study, work visa applicants

July 9, 2025552 Views

Type above and press Enter to search. Press Esc to cancel.