An Enugu State High Court presided over by Justice Cyprian Ajah, Tuesday declared that local governments lacked the power to collect business premises levies.
The judge made the declaration while delivering judgement in a case filed by Dr Afam Edeh against Enugu East Local Government and its official, Obinna Okafor, in Suit No: E/257/2020.
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He awarded N1m against Enugu East Local Government and held that it was illegal for any local government in Nigeria to “collect business premises levies from citizens.”
Justice Ajah said such power had been donated to the state by the “Taxes and Levies (Approved list for collection) Act, Cap T2 Laws of the Federation 2011”, made by the National Assembly pursuant to sections 7 and 8, of Part 11, of the 1999 Constitution of the Federal Republic of Nigeria (As amended).
“It is, therefore, illegal for any local government in Nigeria to collect business premises levies.”
An Enugu-based human rights group, the Civil Rights Realisation and Advancement Network (CRRAN) had filed the suit on May 27, 2020 on behalf of Edeh, a consultant surgeon and proprietor of His Grace Medical Center.