FIRS- Tunde Fowler charged to court for overstaying tenure as FIRS Chairman, asked to return salaries

Tunde Fowler, Chairman of the Federal Inland Revenue Service, FIRS, has been charged to court for not vacating the office at the expiration of his tenure, which ended August 20, 2019.

Mr Stanley Okwara who is the Plaintiff had charged Tunde Fowler being the FIRS Chairman and the Attorney-General of the Federation  (AGF), Abubakar Malami to give reasons why the FIRS Chairman was yet to step down even after the expiration of his tenure, asking the FIRS Chairman to make a refund of the salary and emoluments he has received since the day, his tenure should have ended.

Justice Lewis Allegoa presided the case with suit no FHC/KN/CS/141/2019 at a Federal High court  sitting in Kano, where Mr Stanley Okwara  the Plaintiff wanted to know if the extended stay of the FIRS Chairman, Tunde Fowler was not contravenling the provisions of sections of the FIRS Establishment Act 2007.

Justice Lewis Alllegoa after listening to Okwara’s counsel, gave orders that court summons be served to the Defendants, Tunde Fowler and AGF Malami Abubakar while mandating that eir defence must be served within 7days.

The summon also gave the Defendants 30 days to give an explanation as to why Tunde Fowler is yet to cease hold of office even after end of tenure, in accordance with the “decision of the Supreme Court and having regard to the combined provisions of Sections 3(2) (a), Section 4(a) and Section 11 (a)” of the FIRS Establishment Act.

Okwara who is the Plaintiff in the 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.

“An order barring the first defendant from further holding himself out as, laying claim to or exercising the powers and functions of the Executive Chairman of the FIRS unless he is re-appointed by the President of the Federal Republic of Nigeria.

“An order directing the first 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 FIRS and file an affidavit of compliance within 14 days after the delivery of judgment in this suit.”