Justice C. J. Aneke of Federal High Court in Lagos on Tuesday rejected the preliminary objection filed by the Attorney General of the Federation (AGF), Abubakar Malami, in response to a N3 billion suit filed against him by telecommunications firm, MTN Nigeria Communication Limited.
The substantive case is now scheduled to be heard on June 26.
MTN took legal action after receiving a demand notice from the AGF alleging unpaid duties and taxes between 2007 and 2017.
The telecoms firm challenges the AGF’s authority to deal with issues around tax and custom duties which it said should be the responsibility of the Federal Inland Revenue Service (FIRS) and Nigerian Customs Service (NCS).
During proceedings on March 26, counsel to AGF, Tijani Gazali, argued that MTN’s failure to file the suit within three months of the cause of action had robbed the court of jurisdiction to entertain the suit, and asked that it be dismissed.
Counsel to MTN, Wole Olanipekun, had urged the judge to dismiss the AGF’s objection for being frivolous.
He said the preliminary objection was filed out of time, adding that it was null and void since the AGF did not apply for an extension of time.
After hearing the two sides, Justice Aneke adjourned till May 7 for ruling.
MTN has maintained that it is fully compliant with Nigerian tax laws.
