The Federal High Court sitting
in Kano has today – October 8 - heard the Originating Summons of a Lawyer,
Stanley Okwara seeking to sack Dr. Babatunde Fowler as the Executive Chairman
of the Federal Inland Revenue Service (FIRS).
After
hearing all the parties including the preliminary objections and counter
affidavits of the Defendants, the presiding Judge, Hon. Justice Lewis-Allagoa,
adjourned the matter to Friday, the 11th of October for Rulings and final
judgment.
The
FIRS Boss was represented by Chief Paul Erokoro, SAN while the Plaintiff was
represented by Johnmary C Jideobi.
The
Court had last week ordered Fowler to appear before it today show cause why he
should not be sacked for overstaying his tenure which expired on August 18,
2019.
In
the originating summon obtained by PRNigeria with Suit No FHC/KN/CS/141/2019,
the FIRS Boss was dragged to Court over his continued stay in office after the
expiration of tenure.
The
Plaintiff, Mr. Stanley Okwara, in a suit filed on September 18, 2019 also
joined the Attorney General of the Federation as the second defendant.
The
two defendants were given 30 days to explain why Fowler who was appointed on
the 20th August, 2015, has not ceased to hold office as the Chairman of FIRS
after the 20th August, 2019 in accordance with the “decision of the Supreme
Court…and having regard to the combined provisions of Sections 3(2) (a),
Section 4(a) and Section 11 (a)” of the agency.
The
Plaintiffs also sought to know whether the continuous stay of Fowler in the
office “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 of the FIRS
[Establishment] Act, 2007.
In
the same vein, Okwara in the suit filed through Johnmary C. Jideobi & Co,
sought other reliefs including: “A declaration that the 1st Defendant has
ceased to hold office as the Chairman of the Federal Inland Revenue Service
after the 20th of August, 2019”; and that his continuous stay in the office is
illegal.
He
further sought “an order barring the 1st Defendant from further holding himself
out as, laying claim to or exercising the powers and functions of, the
Executive Chairman of Federal Inland Revenue Service unless he is re-appointed
by the President of the Federal Republic of Nigeria.
“An
order directing the 1st Defendant to return forthwith to the Treasury Single
Account of the Federation all the salaries, emoluments and such other kindred
monetary benefits he has been drawing on the purse of the Federal Inland
Revenue Service and file an affidavit of compliance within 14 days after the
delivery of judgment in this suit.”
The
Plaintiff also asked that Fowler be caused ordered to obey any other decision
that the Court may deem fit to make in the entire circumstances of the case.
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