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Court Stops FIRS from Enforcing VAT on Goods Consumed in Hotels

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Justice Rilwanu Aikawa of the Federal High Court in Lagos has barred the Federal Inland Revenue Services (FIRS), from enforcing VAT provisions on goods and services consumed in hotels, restaurants and event centres in Lagos State.

 

Justice Aikawa gave the order while delivering judgment in the suit seeking to restrain the Attorney General (AG) of Lagos State from enforcing the Hotel Occupancy and Restaurant Consumption (Fiscalisation) Regulations Law (HORC), 2017, in the view that VAT Act has covered the field.

 

In the suit the Registered Trustees of Hotel Owners and Managers Association of Lagos (HOMA) had sued the AG in Lagos State and FIRS in the suit no. FHC/L/CS/360/2018.

 

The HOMA had asked the court to declare that by virtue of Section 7, of the VAT Act, the second defendant (FIRS) was the only lawful and constitutional agency charged with the administration and management of consumption tax generally and particularly in Lagos state.

 

Justice Aikawa, in delivering the judgment, dismissed the suit and held that it was lacking in merit, adding that the plaintiff was obliged to comply with the HORC Law 2009 and the HORC Regulations 2017.

 

The court also raised two issues by herself; whether the Federal High Court had the jurisdiction to pronounce on the constitutionality of VAT. The court resolved that it has jurisdiction.

 

Aikawa also held that the issue of the powers of the minister to amend the schedule to the Taxes and Levies (Approved List for Collection) Act was not in dispute before the court and so no pronouncement could be made on it.

 

The court in dismissing the originating summons, as lacking merit and resolving the questions and reliefs sought in favour of the first defendant, held:

 

“That consumption tax is not stated in either the exclusive and concurrent legislative list, in the Constitution of Nigeria, therefore, the absence on the concurrent and exclusive lists, puts consumption tax on the residual list, which is within the legislative competence and powers of state governments.

 

“That VAT Act can’t cover the field over what the federal government has no power to legislate upon, under the constitution, therefore the determinant factor in the issue of covering the field, is whether there is power to make the Law.

“The provisions of VAT Act relating to consumption tax are inconsistent with the Nigerian constitution.

 

“The Minister of Finance has corrected the anomaly, by including consumption tax in the list of taxes collectible by state government, therefore, the responsibility for collecting consumption tax lies on the state government.

 

“The provisions of Sections 1, 2, 4, 5 & 12 of VAT Act are in breech of the 1999 constitution and the plaintiffs are obliged to comply with the HORC Law 2009 and the HORC Regulations 2017.

 

“FIRS are barred from enforcing VAT provisions as it relates to consumption tax on goods and services consumed in Hotels, Restaurants and Event Centres in Lagos State, ” the judgement read.

 

The Registered Trustees of HOMA had filed an originating summons asking the court to determine the following:

 

“Whether the VAT Act regulating imposition of tax on consumption of goods and services has not covered the field on taxation of goods and services consumed in hotels, event centres and restaurant in Lagos State.

 

“Whether by virtue of Section 7 of the VAT Act, the second defendant (FIRS) is not the only lawful and constitutional agency charged with the administration and management of consumption tax generally and particularly in Lagos State.

 

“Whether the provisions of the Hotel Occupancy and Restaurant Consumption (Fiscalization) Regulations 2017 are of no effect, in view of the fact that VAT Act has covered the field”.

 

Consequently, the first defendant, (AG Lagos State), filed a counter-claim urging the court to determine;

 

“Whether the provisions of Sections 1, 2, 4, 5 & 12 of VAT Act by which the FIRS imposes tax on customers for goods and services consumed in hotels, restaurants and event centres in Lagos State is inconsistent with the provisions of Sections 4(2), 4(a) & (b) and 4 (7) (a) & (b) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and therefore unconstitutional and invalid?

 

“Whether by the provisions of Section 4 (7) of the 1999 Constitution of Nigeria, the provisions of the Taxes and Levies (Approved List for Collection) Act Cap T2 Laws of the Federation of Nigeria as amended by the Schedule to the Taxes and Levies order 2015) and the provisions of HORC Law 2009.

 

“Whether the counter-claimant is the only constitutional and lawful body empowered to assess, impose and collect taxes from customers of the Plaintiff for goods and services consumed in hotels, restaurant and event centres in Lagos State.

 

The first defendant sought some reliefs which included;

 

“A declaration that the provisions of Sections 1, 2, 4, 5 & 12 of VAT Act is inconsistent with the constitution and therefore invalid and unconstitutional.

 

“A declaration that the counter claimant (AG) is the only constitutional and lawful body empowered to assess, impose and collect consumption tax in Lagos State.

 

“A declaration that the plaintiff is obliged to comply and implement the provisions of the HORC Law, made pursuant thereto, in relation to good and services consumed in Hotels , Restaurant and Event Centres in Lagos State

 

“An order of perpetual injunction restraining the FIRS from implementing or enforcing the provisions of VAT Act on customers of the plaintiff for goods and services consumed in hotels, event centres and restaurant in Lagos State”.

 


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FIRS Rolls out e-invoicing System for Large Corporate Taxpayers

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The Federal Inland Revenue Service (FIRS) has launched a national electronic invoicing system, seen as a significant step toward digitising the country’s tax infrastructure and boosting compliance among large corporate taxpayers.

The system, known as the Merchant-Buyer Solution (MBS), officially went live on August 1 after a successful pilot phase that began in November 2024. It is being rolled out in phases, starting with companies that have an annual turnover of at least ₦5 billion. According to FIRS, these large taxpayers represent over 5,000 businesses nationwide.

More than 1,000 companies — roughly 20% of eligible firms — have already integrated with the platform, including telecoms giant MTN Nigeria, which became the first to transmit live electronic invoices to the tax authority. Other major players such as Huawei Nigeria and IHS Towers are completing their onboarding and are expected to go live in the coming days.

“The launch of the e-invoicing regime ushers in a new era of transparency, accuracy, and real-time monitoring of commercial transactions,” Dare Adekanmbi, who is the spokesperson for Zacch Adedeji, FIRS Chairman, said in a statement on Sunday.

The e-invoicing solution forms part of the agency’s broader Electronic Fiscal System (EFS), which is designed to ensure authenticity and completeness of invoice data and limit opportunities for tax evasion. It also aligns with Nigeria’s Revenue Services Reform Act — a legislative framework aimed at harmonising revenue collection and providing a single source of truth for government receipts.

The FIRS said it is working in collaboration with the National Information Technology Development Agency (NITDA) to incorporate system integrators and access point providers into the onboarding ecosystem. These providers are tasked with supporting the integration process and helping companies manage their transition onto the e-invoicing platform.

While the original deadline for onboarding was set for August 1, the tax agency has granted a three-month grace period to allow companies facing operational challenges to comply. The new deadline for mandatory integration is November 1, 2025.

“In the spirit of encouraging voluntary compliance, the FIRS management has graciously approved a three-month extension of the deadline,” the agency said. “We also acknowledge the genuine efforts of many taxpayers who strove to meet the 1st of August 2025 deadline but encountered operational constraints.”

The system will eventually be extended to medium and smaller enterprises, but for now, the focus remains on onboarding the largest players, who contribute a significant share of Nigeria’s corporate tax base.

Nigeria, Africa’s largest population, has been ramping up efforts to boost non-oil revenues amid volatile crude prices and growing fiscal pressures. Tax-to-GDP ratio remains among the lowest globally, estimated at just over 10%, according to official figures.

The FIRS has increasingly leaned on technology to expand the tax net and reduce leakages.

“The e-invoicing platform gives us real-time visibility into the business-to-business segment, which has historically been under-reported,” a senior FIRS official familiar with the rollout said, requesting anonymity because he was not authorized to speak publicly. “It significantly enhances our ability to track transactions and enforce compliance.”

To facilitate onboarding, the FIRS e-Invoicing Implementation Team is conducting webinars, workshops, and town hall sessions across the country, targeting tax consultants, financial controllers, and compliance officers within affected firms.

The Federal Government expects the digitisation effort to streamline tax administration, reduce disputes and simplify audit processes for both taxpayers and regulators.

The FIRS has not disclosed projected revenue gains from the e-invoicing rollout, but industry experts believe it could yield significant medium-term improvements in tax efficiency and administration.

 


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Google Hit by AI-driven Cyber Attack

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Google has become the latest company to fall victim to cyber criminals increasingly using artificial intelligence (AI) to bypass security measures and trick users with highly-realistic documents that install malware on networks.

This Google attack, following a similar incident targeting Microsoft SharePoint servers globally, was confirmed earlier this week.

Google, one of the so-called “Magnificent Seven” US tech companies, revealed that one of its corporate Salesforce instances was compromised by a financially-motivated threat cluster known as UNC6040.

AI is rapidly becoming hackers’ tool of choice for crafting convincing e-mails and phone calls that mimic familiar voices or sound authentically human. E-mails often include attachments that appear legitimate, prompting recipients to click and unwittingly allow malware to infiltrate networks. Meanwhile, phone calls push targets to click links sent via SMS or WhatsApp.

Richard Cassidy, Europe, Middle East and Africa chief information security officer at Rubrik, says: “We are definitely seeing these incidents become more prevalent. What’s driving this surge is a combination of rapidly-evolving AI-enabled attack tools, and the ever-expanding attack surfaces created by widespread digitalisation, without proportional investment in cyber resilience.”

The UNC6040 group targets Salesforce environments by impersonating IT support to deceive employees into installing malicious connected apps, often disguised as Salesforce’s Data Loader. This enables the attackers to covertly access networks and extract sensitive data.

Quick response

In the most recent attack, Google said it “responded to the activity, performed an impact analysis and began mitigations”. The breach affected systems storing contact information and related notes for small and medium businesses.

“Analysis revealed that data was retrieved by the threat actor during a small window before access was cut off. The data retrieved was confined to basic and largely publicly available business information, such as business names and contact details,” Google said.

Google also reported that the extortion involved calls or e-mails to victim organisation employees demanding Bitcoin payments within 72 hours. During these communications, the threat actors have consistently claimed to be the group known as ShinyHunters.

Large-scale attacks

SentinelLABS and Beazley Security recently uncovered and analysed a rapidly-evolving series of infostealer campaigns delivering the Python-based PXA Stealer. This malware uses Telegram bots to sell stolen data in a manner that is nearly undetectable.

The actors, reportedly Vietnamese hackers, have compromised more than 4 000 unique victim IP addresses across at least 62 countries, including South Korea, the United States, the Netherlands, Hungary and Austria.


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‘Fraudsters Have Cloned my Voice’- Akume

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George Akume, secretary to the Government of the Federation, has raised alarm over the activities of a criminal syndicate allegedly cloning his voice and using it to defraud unsuspecting Nigerians with promises of Federal Government appointments.

‘Fraudsters Have Cloned my Voice’ – Akume

George Akume, SGF

In a statement issued by Yomi Odunuga, his special adviser on Media and Publicity, on Thursday, Akume said the fraudsters have impersonated him in audio calls and text messages, targeting high-profile individuals and soliciting payments ranging from ₦5 million to ₦15 million in exchange for phantom political positions.

“From information available to the office, the fraudsters cloned the voice of the SGF, using it to solicit money in return for federal appointments,” the statement read.

The SGF further revealed that the scammers not only cloned his voice but also spoofed the phone numbers of other high-profile individuals to give credibility to their fraudulent scheme.

“These scammers attach bank account details to messages sent to victims and request them to send their CVs to cloned emails,” Odunuga added.

The statement noted that the fraudsters have been operating through both traditional bank accounts and fintech mobile wallets, complicating efforts to trace the financial trails.

Distancing himself from the illicit scheme, Akume stressed that appointments to Federal Government boards and parastatals are transparent and not for sale under any guise.

The statement noted, “Senator Akume emphasized that the appointment processes for Nigerians into boards and parastatals are transparent and verifiable, urging individuals not to pay any money in expectation of securing a position.”

The Office of the SGF confirmed that it has notified relevant security agencies, urging members of the public to report suspicious calls or messages to law enforcement.

“The Office of the SGF strongly advises Nigerians to report the activities of these fraudulent people to the authorities while taking all precautionary steps necessary to avoid being victims of th


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