The Anambra State Board of Internal Revenue Service has headed to court to challenge the power of the Federal Inland Revenue Services to collect stamp duty on “transactions initiated and carried out between persons or individuals (whether electronically done or otherwise) within the territory of Anambra State.”

In the suit filed before the Federal High Court in Akwa, the state agency is seeking “an order of perpetual injunction restraining the defendants, their agents, workers, etc, from interfering or otherwise continuing to interfere in the right of the plaintiff to collect revenue derivable stamp duty and electronic money transfer levy in respect of instruments or transactions initiated or carried out” within its domain.

The defendants in the suit marked FHC/AWK/CS/03/2022 are the Attorney General and Minister of Justice; the Minister of Finance and the Executive Chairman, Federal Inland Revenue Service.

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The plaintiff also wants the court to order the defendants to remit “all the arrears of stamp duties and electronic money transfer levy already remitted to them by deposit money banks and financial institutions to the 36 states of the federation.”

The plaintiff’s lawyer, David Onyilofor, hinged this demand on the provisions of Section 163 (b) of the 1999 Constitution.

The plaintiff is urging the court to declare that “the purported directive of the Federal Inland Revenue Service, in its Press Release on Clarification of Administration of Stamp Duties in Nigeria with regard to the administration, collection and/or remittances of stamp duties in Nigeria, to Licence Deposit Money Banks and other Financial Institutions in Nigeria, is unconstitutional, null, void and of no effect whatsoever.”