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September 29, 20193min690

A lawyer, Stanley Okwara, has sued the Chairman of the Federal Inland Revenue Service, FIRS, Babatunde Fowler, at the Federal High Court in Kano. The lawyer wants the court to sack Mr Fowler from office for allegedly overstaying his tenure.

The suit with number FHC/KN/CS/141/2019, was filed by the plaintiff’s counsel, Johnmary Jideobi, on September 18.

Mr Okwara asked for an order barring Mr Fowler from further parading himself as the chairman of FIRS unless he is re-appointed by President Muhammadu Buhari.

Joined in the suit as the second defendant is the Attorney General of the Federation and Minister of Justice, Abubakar Malami.

The lawyer in the Originating Summons posed two questions of law and asked the court to determine, “Whether in view of the decision of the Supreme Court in Ogbuinyinya & Ors. vs. Obi Okudo & Ors. (1979) All N.L.R. 105 and having regard to the combined provisions of Sections 3(2) (a), Section 4(a) and Section 11 (a) of the Federal Inland Revenue [Establishment] Act, 2007, the 1st Defendant [who was appointed on the 18th August, 2015] has not ceased to hold office as the Chairman of the Federal Inland Revenue Service after the 18th day of August, 2019?”

Another issue for determination is, “Whether the continuous stay of the 1st Defendant as the Chairman of the Federal Inland Revenue Service after the 18th day of August 2019 is not illegal in view of the decision of the Supreme Court in Ogbuinyinya & Ors. vs. Obi Okudo & Ors. (1979) All N.L.R. 105 and having regard to the combined provisions of Sections 3(2) (a), Section 4(a) and Section 11 (a) of the Federal Inland Revenue [Establishment] Act, 2007 especially when the 1st Defendant was appointed on the 18th day of August 2015?”

Upon determination of the questions, Mr Okwara sought, “A declaration that in view of the decision of the Supreme Court in Ogbuinyinya & Ors. vs. Obi Okudo & Ors. (1979) All N.L.R. 105 and having regard to the combined provisions of sections 3(2) (a), 4(a) and 11 (a) of the Federal Inland Revenue [Establishment] Act, 2007, the first defendant (who was appointed on the 18thAugust, 2015) has ceased to hold office as the Chairman of the Federal Inland Revenue Service after August 18,2019. (Premium Times)

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