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FEDERAL INLAND REVENUE SERVICE
V.
MIDWESTERN OIL & GAS COMPANY PLC & ANOR

(2024) JELR 112282 (CA)

Court of Appeal 21 Mar 2024 Nigeria
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- The Respondents filed an originating summons at the Federal High Court, Abuja, seeking declaratory and injunctive reliefs against the Appellant (FIRS), challenging the Appellant's competence to revoke, vary, or interfere with the 5-year p

Case Details

Suit Number:APPEAL NO. CA/ABJ/CV/257/2022
Judges:JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA ABBA BELLO MOHAMMED, JCA PETER CHUDI OBIORAH, JCA
Counsel:Eko Ejembi Eko, SAN, with T.E. Guyof Esq, for the Appellant. O.C Ogbole, SAN with B. S. Asen Esq, H.N. Yilnaan Esq and Edward Ajaba Esq, for the Respondents.
Location:Abuja

ABBA BELLO MOHAMMED, JCA (Delivering the Leading Judgment): This appeal is against the final judgment of the Federal High Court, Abuja Division delivered by Hon. Justice Taiwo O. Taiwo on the 15th of December, 2021 wherein the trial court entered judgment in favour of the Respondents. The judgment of the trial court is at pages 265 – 296 of the Record of Appeal. Dissatisfied with the judgment, the Appellant brought this appeal vide a Notice of Appeal filed on 28th February, 2022, which is at pages 297 – 304 of the Record of Appeal.

As Plaintiffs, the Respondents filed an originating summons against the Appellant seeking for the determination of the following questions:

  1. Having regards to the clear, lucid and unambiguous provisions of the Federal Inland Revenue Service (Establishment) Act, 2007, Cap F36, LFN, 2004, Juxtaposed to read together with the provisions of the Industrial Development (Income Tax Relief) Act, Cap 17 LFN 2004 and the Nigerian Investment Promotion Commission Act, Cap…

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