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Court hears MTN’s $1.3bn withholding tax suit against AGF Dec 3

By Onozure Dania

LAGOS—JUSTICE Chukwujekwu Aneke of a Federal High Court, sitting in Lagos, yesterday, fixed December 3, for the hearing of a suit filed by MTN Nigeria Communication Ltd against the Attorney General of the Federation challenging the legality of N242 billion and $1.3 billion import duties and withholding tax assessment.

The judge fixed the date for hearing of all pending applications after counsel representing both parties told the court of their various applications filed and served.

Chief Wole Olanipekun, SAN, and other senior lawyers, appeared for MTN, while Mr. T.A Gazali, a Chief State Counsel from the Federal Ministry of Justice, appeared for the AGF.

The lawyers informed the court of the various processes they filed before the court and served on respective parties to the suit.

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MTN instituted the suit by a writ dated September 10, 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.

The suit will be heard on December 4, before Justice Saliu Saidu.

, which provides that any action commenced against a public officer, must be made within three months from commencement of cause of action.

MTN also filed a similar suit before a judge of the same court against The Central Bank of Nigeria, CBN, over alleged $8.1bllion repatriated funds.

It is seeking an injunction to restrain the CBN from taking further actions to reclaim the alleged debts.

CBN alleged that the telecommunication firm improperly repatriated dividends, and requested that MTN returns 8.1 billion dollars to its coffers.

The suit will be heard on December 4, before Justice Saliu Saidu.



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