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JUST IN  36 state attorneys general sue AGF Malami for non-remittance of stamp duties

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JUST IN 36 state attorneys general sue AGF Malami for non-remittance of stamp duties

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September 9, 2021
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JUST IN  36 state attorneys general sue AGF Malami for non-remittance of stamp duties
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The 36 States in Nigeria through their Attorney General have sued the Muhammadu Buhari federal government and the over the non-remittance of stamp duties fund generated from the states.

Naija News reports that the states are accusing the federal government of failing to remit funds generated from stamp duties into their coffers.

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The attorney generals prayed the court to compel the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) to pay N176 billion to states, being the backlog of stamp duties received between 2015 and 2020.

The 36 state prayed for, “An order of this honourable court directing the defendant to pay over to the plaintiffs all the sum of monies amounting to one hundred and seventy-six billion, sixty-seven million, four hundred thousand naira (N176,067,400,000,00) representing ascertained and admitted collected stamp duties on individual persons’ transactions within their respective states for the period of 2015 and 2020.

“And thereafter till the time of the judgment of this honourable court or any other sum as the plaintiffs may be found entitled by the honourable court.”

They also sought an order of perpetual injunction, “restraining the defendant by himself, privies, agents or any persons by whatever name or how so ever called from appointing anyone for the purpose of collecting Stamp Duties on individual persons’ transactions within the respective states of the plaintiffs henceforth.”

In addition, they sought to declare that Malami had no right to withhold stamp duty transactions from individuals in their states.

They also asked the court to stop the AGF from collecting, administering stamp duties.

“A declaration that the defendant is not entitled to collect, administer, or keep the proceeds of any stamp duties on transactions involving individuals within the respective states of the plaintiffs or any manner interfere with the plaintiff’s right and authority in the administering the provision of Section 4(2) of the Stamp Duties Act Cap. S8 Laws of the Federation of Nigeria,” the court document revealed.

The states sought the court to declare their entitlement to receive 85 per cent of stamp duties generated from electronic money transfer levies and others.

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