By Eben Enasco Kingsley Benin city
There was a twist of fate when a legal practitioner, Kingsley Osabuohien Obamogie appeared before a Mobile Revenue Court Prior to his alleged failure to file his tax returns.
The Defendant who summoned to court with charge sheet number RC/211C/15 one two count charge for alleged failure to file tax returns form year 2013 to the Edo State Board of Internal Revenue in accordance with the personal Income Tax Act, Cap P8 Laws f the Federation of Nigeria 2004 (as amended) also failed to file tax return for the year 2014.
The Defendant however, filed a preliminary objection through his lead counsel Imadugbelo Ighodalo (SAN) for want of jurisdiction to entertain the charge.
He thereafter, applied for a date for report of settlement or continuation of preliminary objection because the raised motion was served on the prosecution in court.
Counsel to the complainant-Edo State Board of Internal Revenue, Barr Kingsley Odabi conceded to the applications of the defence counsel that failure to agree to settlement would lead to the continuation of the case.
The presiding Judge, Hon. Justice Joe Acha granted the application for the report of settlement. He promptly adjourned the case to February 17, 2016.
In a related case, the mobile revenue court has passed judgement on EverWell Table Water which plead liable. The table water was charged and convicted for failure to submit tax returns for January 2012-September 2013 to the relevant tax authority contrary to Section 81 (2) of the Personal Income Tax Act 2004 (as amended)
The Company was compelled to pay fifty thousand naira fine or an option of two months in prison with an additional ten thousand naira as cost of litigation to be paid to Edo State Board of Internal Revenue (EBIR).
