The Igbo traders in Ilorin, Kwara State on Friday, March 1, 2024 paralysed economic activities in some parts of Ilorin, Kwara State by shutting their business outlets.
The Igbo traders and businessmen under the aegis of the Igbo Traders Association had closed their shops in protest against alleged intimidation and over-taxation of their businesses by the Kwara State Internal Revenue Service (KWIRS).
The development left many customers of the traders and businessmen stranded in such locations as Oko Erin, Ibrahim Taiwo road and General Hospital area, among other places in Ilorin metropolis.
The Igbo traders complained that the revenue agency had stormed their shopping complexes at about 10:00 am on that day with revenue mobile court to prosecute them and lock up their business premises without being represented.
The people, who said that they are not indebted to the revenue agency, added that they are up to date in payment of their taxes and rates, describing the action of the revenue agency as unfair.
They appealed to Governor AbdulRahman AbdulRazaq to grant them tax waiver or tax holiday, considering the current economic hardship in the country, adding that many of their members stock their shops with goods received on credit.
Coordinator of the 22 zonal chairmen of Igbo traders associations in Kwara state, who is also the chairman, building materials association, Surulere zone, Kwara state, Chief Aloysius Nwuorah, said that the tax office wanted to start collection of tax from individual members against existing agreement with the agency to get the tax collectively.
However, the KWIRS said that the enforcement exercise on tax collection from the Igbo traders was carried out following the institution of a constituted mobile court right within the premises of three identified recalcitrant taxpayers in the state.
The mobile court judge according to the agency’s statement found the business owners guilty and ruled that their business outlets be placed under lock and key until they pay their dues as communicated to them.
This singular enforcement exercise has however left questions in the minds of the general public, especially business owners in the state, but a few points of view caught my attention, and need to respond.
First are the opinions of those unfamiliar with tax laws and civic obligations as citizens who have since taken the issue to the media with a twisted narrative and maintained a path they consider favorable. Some even queried the legality of the constituted mobile court and tagged it as lacking equal representatives and fair hearing; others tagged it as insensitive of the agency and lacking moral grounds. Some even reported it as a formal attack and target on Igbo traders in the state,.
So many conflicting views have greeted the exercise the revenue agency maintained to have executed in fairness, and good faith and for the development of the state.
Curiosity without shared bias paves the way for more understanding. As a concerned citizen, I find it worthy to lend my voice on the issue and provide useful and yet layman clarity to it.
Following various independent investigations since the issues found their way into the media space with a series of unwitting socio-economic wrongs, it is, therefore, well-meaning to state categorically that based on establishing law and provisions backing revenue court in the state, the court has an unrestricted right to sit anywhere within its jurisdiction and prosecute any case brought before it.
This indicates that the jurisdiction of a revenue court is established across the state and not restricted to its primary base or locations in the state. This provision of the law sets the record straight at once for those seeking clarity on the constitutional entitlement of the revenue courts to have held litigations within the premises of those identified recalcitrant taxpayers.
Similar fallout orchestrated by those affected in the recent enforcement exercise as narrated to the media are from some fragment claiming that the defaulting taxpayers weren’t given fair hearing or adequate representation during the mobile court trial and as such, tagged the entire litigation process and intention of the agency as somewhat intimidating and attack on a selected tribe in the state.
Again, there are processes in the recovery of tax liability from servicing of various statutory notices on the taxpayer up to the litigation stage as enshrined in extant laws. Similarly, for record purposes, Section 4 of the Kwara State Revenue Court Law gives the revenue court the jurisdiction to sit anywhere in the State. The litigation process against the taxpayers was initiated via an ex parte motion, which by law does not require representation of the other party. Hence, the taxpayers were prosecuted without their legal representation.
Moving forward from various legal citations supportive of the enforcement exercise embarked upon by the revenue agency through the mobile revenue court, one would agree it is clear and safe to say the revenue agency has acted within its domain of establishing laws and any form of encroachment allegation would hold no water in any court of law. This again seems like a simple case of misconception on the part of the defaulters and too much of emotions have been applied while presenting the issues to the media and of course, all others who care to listen to their supposed plight.
If this misconception and shared ignorance are not quickly nipped in the bud at this early stage, then, it might result in the early groundwork of a tribal and inter-ethnic war song in the state.
Findings also revealed that there were other business owners in the state of different tribes and ethnicities with tax liabilities but own a consistent approach and acceptance of commitment to offset their liabilities as long as they remain in business.
