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ATTORNEY-GENERAL LAGOS STATE v. EKO HOTELS LIMITED & ANOR

(2017) JELR 37329 (SC)

Supreme Court  •  SC.321/2007  •  8 Dec 2017  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC; AMIRU SANUSI JSC; EJEMBI EKO JSC;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the Leading Judgment):  This appeal is against the judgment of the Court of Appeal, Lagos Division delivered on 13th July 2007 affirming the judgment of the Federal High Court sitting in Lagos delivered on 20th December 2004 ordering the remittance of money collected as tax by the 1st respondent on its sales to its consumers to be paid to the 2nd respondent, the Federal Board of Inland Revenue.

The suit before the trial Court was in the nature of interpleader proceedings. By an Originating Summons filed on the 5th day of March, 2004 the 1st respondent sought a determination by the trial Court as to whether remittance of money collected as tax by it from its consumers should be paid to the Federal Board of Inland Revenue (FBIR) or to the Lagos State Government having regard to the provisions of Sections 1, 2, 10, 11, 12, 13, 14, 15 and 16 of the Value Added Tax (VAT) Decree No. 102 of 1993 and Sections 1, 2, 3, 4, 5 and 6 of the …

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