A Federal High Court in Kano state ordered the appearance of the Federal Internal Revenue Service (FIRS) Chariman, Babatunde Fowler, on October 7, 2019 to show why he should not be fired for exceeding his August mandate. 18 of 2019.
The presiding judge of the Superior Court, Judge Lewis Allago, after hearing an actor’s lawyer, ordered that the defendant be delivered to Abuja and presented his defense within five days.
In the judicial documents obtained Saturday by PRNigeria with the seed n. FHC / KN / CS / 141/2019, FIRS Boss was dragged to court for his term of office after his term expired.
The applicant, Stanley Okwara, in a lawsuit filed on September 18, 2019 and obtained, joined the Federation’s attorney general as a second defendant.
In the originating summon, 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 to obey any other decision that the Court may deem fit to make in the entire circumstances of the case.