A Federal High Court sitting in Abuja has summoned the Minister of Interior, Olubunmi Tunji-Ojo, and the Attorney-General of the Federation, AGF, Lateef Fagbemi, over issues of the Expatriates Employment Levy, EEL.
According to the court summons, both are to appear before the court on January 16 to explain why implementing the proposed expatriate taxation regime should not be stopped.
The presiding judge, Justice Inyang Ekwo, gave this ruling on Thursday after a motion ex parte moved by Patrick Peter, counsel who appeared for the plaintiff.
Ekwo directed that the minister and the AGF be served with the motion within three days of the order.
The suit, marked FHC/ABJ/CD/1780/2024, was filed by the Incorporated Trustees of New Kosol Welfare Initiative.
The group sought an order of interim injunction barring the defendants from commencing the implementation of the new expatriates’ taxation regime in Nigeria until the motion is heard and decided.
In the affidavit attached to the suit, the Programme Implementation Coordinator of the group, Raphael Ezeh, said the EEL taxation policy was announced by the federal government on Tuesday, February 27, 2024.
“According to KPMG and other online information analysts and dissemination agencies, the federal government intends to compel all companies and organizations who engage the services of expatriates to pay EEL as follows: For every expatriate on the level of a director, fifteen thousand United States dollars ($15,000) equivalent to twenty-three million naira, by the current exchange rates, per annum.
“For every expatriate on a non-director level, ten thousand United States dollars ($10,000) equivalent to sixteen million naira, by the current exchange rates (N16,000,000) per annum,” he said.
According to Ezeh, the federal government has also proposed additional regulations, including penalties and sanctions for non-compliance with the proposed taxation regime.
Ezeh stated that inaccurate or incomplete reporting would result in five years of imprisonment and/or a fine of N1 million.
He noted that the failure of a corporate entity to file the EEL within 30 days will attract a penalty of N3 million.
The Programme Implementation Coordinator added that failure to register an employee within 30 days or the submission of false information will also attract a penalty of N3 million.
The failure of an organization to renew the EEL before its expiry date will incur a sanction of N3 million.
“The proposed taxation regime is totally an anti-people policy because of its radical effect on different aspects of the Nigerian economy, and it works like a choke-hold against the economic growth of the nation,” he said.
He noted that taxation is a sensitive issue that requires collaboration between the executive and legislative arms of government under the 1999 Constitution (as amended).
He pointed out that, under Section 59 of the Constitution, the executive arm alone lacks the authority to impose taxes on corporate bodies and citizens.
The matter was adjourned to January 16 for the defendants to appear before the court and show cause.
The Federal Ministry of Interior suspended the implementation of the EEL in 2024 to allow for further consultations with the Nigerian Association of Chambers of Commerce, Industry, Mines, and Agriculture, NACCIMA, and other stakeholders.
[DailyPost]