Stamp Duty: Nigeria’s 36 States Drag Malami To Court

Hamilton Nwosa
Writer

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The Attorney-general of the federation, Abubakar Malami has been sued by Nigeria’s 36 state attorneys general over alleged non-remittance of stamp duties fund generated from the states.

The attorneys sued because funds generated from stamp duties are not remitted into states’ coffers, a court document said.

An order of the court was sought to mandate the federal government to pay N176 billion for the backlog of stamp duties received between 2015 and 2020.

“An order of this honourable court directing the defendant to pay over to the plaintiffs all the sum of monies amounting to one hundred and seventy-six billion, sixty-seven million, four hundred thousand naira (N176,067,400,000,00) representing ascertained and admitted collected stamp duties on individual persons’ transactions within their respective states for the period of 2015 and 2020,” said the document, “and thereafter till the time of the judgment of this honourable court or any other sum as the plaintiffs may be found entitled by the honourable court.

“Restraining the defendant by himself, privies, agents or any persons by whatever name or how so ever called from appointing anyone for the purpose of collecting Stamp Duties on individual persons’ transactions within the respective states of the plaintiffs henceforth.”

The attorneys sought to declare that Malami had no right to withhold stamp duty transactions from individuals in their states.

They also asked the court to stop Malami from collecting and administering stamp duties.

“A declaration that the defendant is not entitled to collect, administer, or keep the proceeds of any stamp duties on transactions involving individuals within the respective states of the plaintiffs or any manner interfere with the plaintiff’s right and authority in the administering the provision of Section 4(2) of the Stamp Duties Act Cap. S8 Laws of the Federation of Nigeria,” the court document revealed.

The states sought the court to declare their entitlement to receive 85 per cent of stamp duties generated from electronic money transfer levies and others.

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