FIRS Boss Fowler Dragged To Court Over Tenure Extension, Asked To Vacate Office And Return Salaries – TheNigerialawyer

A Federal High Court sitting in Kano has ordered the appearance
of the Chairman of the Federal Inland Revenue Service, FIRS, Mr
Babatunde Fowler to appear before it on October 7, 2019 and show
explain why he should not be sacked for overstaying his tenure
which expired on August 18, 2019.

The presiding judge of the court, Justice Lewis Allagoa after
hearing a plaintiff’s counsel on September 23, 2019, also ordered
that the defendant should be served in Abuja and filed their
defence within five days.

As reported by PR Nigeria, this is contained in court documents
with Suit No FHC/KN/CS/141/2019.

The Plaintiff, Mr Stanley Okwara, in a suit filed on September
18, 2019 and obtained on Saturday, also joined the Attorney General
of the Federation as the second defendant.

In the originating summon, 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 of August, 2019 in accordance with the “decision of the
Supreme Court and 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 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 the combined provisions of Sections of
the FIRS [Establishment] Act, 2007.

Also, Mr Okwara, in a 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.