Fowler
The Federal High Court sitting in Kano on
Monday heard the Originating Summons of a Lawyer, Stanley Okwara
seeking to sack Dr. Babatunde Fowler as the Executive Chairman of the
Federal Inland Revenue Service (FIRS).
After
hearing all the parties including the preliminary objections and
counter affidavits of the Defendants, the presiding Judge, Hon.
Justice Lewis-Allagoa, adjourned the matter to Friday, the 11th of
October for Rulings and final judgment.
The
FIRS Boss was represented by Chief Paul Erokoro, SAN while the
Plaintiff was represented by Johnmary C Jideobi.
The
Court had last week ordered Fowler to appear before it today show
cause why he should not be sacked for overstaying his tenure which
expired on August 18, 2019.
In
the originating summon obtained by PRNigeria with Suit No
FHC/KN/CS/141/2019, the FIRS Boss was dragged to Court over his
continued stay in office after the expiration of tenure.
The
Plaintiff, Mr. Stanley Okwara, in a suit filed on September 18, 2019
also joined the Attorney General of the Federation as the second
defendant.
The
two defendants were given 30 days to explain why Fowler who was
appointed on the 20th August, 2015, has not ceased to hold office as
the Chairman of FIRS after the 20th August, 2019 in accordance with
the “decision of the Supreme Court…and having regard to the
combined provisions of Sections 3(2) (a), Section 4(a) and Section 11
(a)” of the agency.
The
Plaintiffs also sought to know whether the continuous stay of Fowler
in the office “is not illegal in view of the decision of the
Supreme Court in Ogbuinyinya & Ors. vs. Obi Okudo & Ors.
(1979) All N.L.R. 105 and having regard to the combined provisions of
Sections of the FIRS [Establishment] Act, 2007.
In
the same vein, Okwara in the suit filed through Johnmary C. Jideobi &
Co, sought other reliefs including: “A declaration that the 1st
Defendant has ceased to hold office as the Chairman of the Federal
Inland Revenue Service after the 20th of August, 2019”; and that
his continuous stay in the office is illegal.
He
further sought “an order barring the 1st Defendant from further
holding himself out as, laying claim to or exercising the powers and
functions of, the Executive Chairman of Federal Inland Revenue
Service unless he is re-appointed by the President of the Federal
Republic of Nigeria.
“An
order directing the 1st Defendant to return forthwith to the Treasury
Single Account of the Federation all the salaries, emoluments and
such other kindred monetary benefits he has been drawing on the purse
of the Federal Inland Revenue Service and file an affidavit of
compliance within 14 days after the delivery of judgment in this
suit.”
The
Plaintiff also asked that Fowler be caused ordered to obey any other
decision that the Court may deem fit to make in the entire
circumstances of the case..
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