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Court Summons Interior Minister Tunji-Ojo, AGF Over Proposed Expatriate Employment Levy

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A federal high court in Abuja has summoned Olubunmi Tunji-Ojo, the minister of interior, and Lateef Fagbemi, the attorney-general of the federation (AGF), over issues related to the expatriate employment levy (EEL).

The ministers are required to appear before the court on January 16 to justify why the proposed expatriates taxation regime should not be halted.

Inyang Ekwo, the presiding judge, issued this ruling on Thursday following a motion ex parte presented by Patrick Peter, counsel representing 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 seeks an order of interim injunction to prevent the defendants from implementing the new expatriates’ taxation regime in Nigeria until the motion is heard and decided.

In the affidavit attached to the suit, Raphael Ezeh, programme implementation coordinator of the group, stated that 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 organisations who engage the services of foreign expatriates to pay tax E.E.L. as follows: For every expatriate on the level of a director — Fifteen Thousand United States Dollars ($15,000.00) equivalent to Twenty-Three Million Naira, by the current exchange rates (NW23,000,000.00) per annum,” he said.

“For every expatriate on a non-director level – Ten Thousand United States Dollars ($10,000.00) equivalent to Sixteen Million Naira, by the current exchange rates (N16,000,000.00) per annum.”

Ezeh stated that the federal government has also proposed additional regulations, including penalties and sanctions for non-compliance with the proposed taxation regime.

According to him, inaccurate or incomplete reporting will result in five years imprisonment and/or N1 million.

He explained that failure by a corporate entity to file EEL within 30 days will attract a penalty of N3 million.

Similarly, failure to register an employee within 30 days or the submission of false information will also incur a penalty of N3 million.

Ezeh added that failure to renew the EEL before its expiry date will attract a penalty 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 emphasized that taxation is a sensitive issue, requiring collaboration between the executive and legislative arms of government under the 1999 Constitution (as amended).

He noted that, under section 59 of the constitution, the executive alone lacks the authority to impose taxes on corporate bodies and citizens.

Ezeh added that the current tax regime is “significantly more favourable to expatriates” compared to the proposed system.

“If the defendants are not restrained by an order of this honourable court, they will commence full implementation of the said programme, thereby threatening the nation’s economic sustainability,” he said.

The matter was adjourned to January 16 for the defendants to appear before the court and show cause.

The federal ministry of interior had 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.

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NDPC Fines MultiChoice N766m For ‘Violating Privacy Of Subscribers’

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The Nigeria Data Protection Commission (NDPC) has imposed a fine of N766.24 million on MultiChoice Nigeria, the parent company of DStv and GOtv, for “violating the privacy of subscribers and their friends”.

In a statement on Sunday signed by Babatunde Bamigboye, head of legal, enforcement and regulations at NDPC, the commission explained that the sanction followed an investigation launched in the second quarter of 2024.

NDPC said MultiChoice was found to have breached the Nigeria Data Protection (NDP) Act after an inquiry into alleged violations of the privacy rights of its subscribers and the illegal cross-border transfer of personal data belonging to Nigerians.

“NDPC found, among others, that Multichoice violated the data privacy rights of subscribers and their friends who are not necessarily subscribers,” the commission stated.

“The Commission also found that Multichoice carries out illegal cross-border transfer of personal data relating to data subjects in Nigeria.

“The depth of data processing by Multichoice is patently intrusive, unfair, unnecessary and disproportionate. This is a grave affront to fundamental right to privacy as enshrined in section 37 of the 1999 Constitution of the Federal Republic of Nigeria.

“Nigeria is entitled to protect her citizens, and data sovereignty under both international and extant municipal laws – as these have far-reaching implication for rule of law, national security and economic growth.

“In line with its standard remediation procedure, the Commission directed Multichoice to carry out appropriate remedial measures. However, the Commission found the measures undertaken by Multichoice in this regard unsatisfactory.

“For want of cooperation, the Commission has directed Multichoice to pay N766,242,500 for violating the Nigeria Data Protection Act.”

NDPC also stated that Vincent Olatunji, the national commissioner of the agency, has directed that every outlet through which MultiChoice collects Nigerians’ personal data be investigated for possible non-compliance.

Olatunji emphasized that any outlet processing personal data in violation of the NDP Act would be subject to a penalty as stipulated by the Act.

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US Court Jails Nigerian Pastor Over $4.2million COVID-19 Fraud As Monarch Forfeits Properties

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They appeared before Justice Christopher Boyko at the US District Court of Ohio.

A Nigerian pastor, Edward Oluwasanmi, has been sentenced by a United States District Court to 27 months in prison for defrauding the COVID-19 relief fund.

His associate, the Apetu of Ipetumodu, Oba Joseph Oloyede, forfeited his property to the US government while awaiting a court ruling set for August 1.

Oluwasanmi and Oba Oloyede were arrested in early 2024 for fraudulently obtaining $4.2 million in COVID-19 relief funds.

They were charged with 13 counts, including conspiracy to commit wire fraud, wire fraud, conspiracy to defraud, money laundering, and engaging in monetary transactions involving criminal proceeds.

They were brought before Justice Christopher Boyko at the US District Court of Ohio.

Reports indicated both men pleaded guilty to some of the charges under a plea agreement.

According to court documents, Judge Boyko sentenced Oluwasanmi on Wednesday, July 2, to 27 months on counts one, 11, and 12 of the indictment.

The sentences will run concurrently.

The court also ordered Oluwasanmi to pay a $15,000 fine and report to the U.S. Marshal Service.

The court stated, “Supervised release three years on each of counts 1 and 11-12, all such terms to run concurrently, with standard and special conditions.”

It also declared, “As a result of the foregoing offenses, defendants Joseph Oloyede and Edward Oluwasanmi shall forfeit to the United States: all property, real and personal, which constitutes – or is derived from – proceeds traceable to the commission of the wire fraud, wire fraud conspiracy offenses; all property constituting, or derived from, proceeds the defendants obtained, directly or indirectly, as the result of the wire fraud, wire fraud conspiracy offenses and any and all property, real and personal involved in the money laundering offenses, and any property traceable to such property.”

Oluwasanmi will forfeit a commercial property located at 422 South Green Road, South Euclid, Ohio. Meanwhile, the court scheduled Friday, August 1, for the sentencing of Oloyede after the monarch pleaded guilty to counts one and 13 of his indictment.

On Monday, April 21, Oba Oloyede, a US-based accountant and information systems professional crowned Apetu in July 2019, entered his guilty plea before the court.

Oba Oloyede and Oluwasanmi were accused of submitting fake applications for the Paycheck Protection Programme and Economic Injury Disaster Loans under the US Coronavirus Aid, Relief and Economic Security Act between April 2020 and February 2022.

They allegedly used falsified tax and wage documents to obtain funds intended to help struggling businesses during the pandemic.

The Act was meant to offer emergency financial relief to Americans facing the economic consequences of COVID-19 by providing loans to small businesses and nonprofits.

Oba Oloyede was alleged to have used some of his companies, including Available Tax Services Incorporated, Available Financial Corporation, and Available Transportation Company, to commit the fraud.

Following the monarch’s disappearance, the Osun State Government said it would wait for the conclusion of his trial before deciding on any action.

The state Commissioner for Information and Public Enlightenment, Kolapo Alimi, said, “A person is innocent until a court convicts them. So, we don’t want to jump the gun; let us wait for the court’s pronouncement on the matter.”

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UK Grants Duty-free Access To 3,000 Nigerian Products Under New Trade Scheme

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The United Kingdom has revealed that more than 3,000 Nigerian products, such as cocoa and cashew, are now eligible to enter the UK market either duty-free or at reduced tariffs. The Country Director for the UK Department for Business and Trade, Mark Smithson, announced this development as part of the UK’s Developing Countries Trading Scheme (DCTS) in a recent video released by the UK in Nigeria.

“Up to 3,000 products from Nigeria qualify for low tariff or no tariff access to the UK through the Developing Countries Scheme, one of the most generous trading schemes in the world,” Smithson stated.

He added that the UK has streamlined the process for Nigerian exporters, making it simpler to trade a wide range of goods, including cocoa and textiles.

Smithson urged Nigerian exporters to take advantage of this opportunity.

“The UK is open and looking to do business with Nigeria. So why don’t you go to the website and find out more about the Developing Countries Trading Scheme and begin to trade with us?”

The DCTS, launched in 2023, replaced the UK’s former Generalised Scheme of Preferences. It aims to lower tariffs and simplify trading regulations for over 60 developing countries, Nigeria included.

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