After listening to the submissions of the counsel, Justice Chukwukekwu Aneke adjourned the case till October 29 and 31 for trial.
Meanwhile, in a preliminary objection challenging the suit, the AGF had argued that the plaintiff’s action is statute barred having been filed out of time.
It argued that in seeking redress to the subject matter, the plaintiff had just three months from the date the cause of action arose, to institute the action, adding that same was filed out of lawfully stipulated time.
The AGF had urged the court to dismiss the plaintiff’s suit as being caught up by the statute of limitation, which fobs the court of jurisdiction.
But, Justice Aneke had in a ruling delivered on May 7, dismissed the preliminary objection in its entirety on the grounds that the case was not statute barred.
In its writ of summons, MTN is seeking declaratory reliefs on the following grounds:
“That the purported “Revenue assets investigation” allegedly carried out by the Federal Government on MTN, for the period of 2007–2017, and its decision conveyed through the office of the AGF by a letter dated August 20, 2018, violates the provisions of section 36 of the constitution.
“A Declaration that the AGF acted illegally, by usurping the powers of the Federal Inland Revenue Service, to audit and demand remittance of withholding tax and value added tax.
In addition, the plaintiff wants a court order, vacating the AGF’s demand letter dated August 20, 2018, for the sums of N242 billion and 1.3 billion dollars from MTN Nigeria Communications Ltd.
Besides, MTN is claiming a total sum of N3 billion in damages, against the defendant, which covers General damages, exemplary damages, and Legal costs.