By: Felix Ikpotor
The Rivers State Board of Internal Revenue Service, RSBIR, has initiated a contempt proceedings against the Niger Delta Development Commission (NDDC), its Acting Managing Director, Prof Nelson Brambaifa and three other officials before the Rivers State High Court for allegedly unsealing the commission’s headquarters without a court order.
The Rivers government agency wants the officials jailed for disobeying court order.
The State High Court sitting in Omoku last Thursday granted RIRS’s prayer to serve Form 49 on the officials of the NDDC by substituted service over alleged disobedience of the court’s order.
RIRS had earlier served Form 48 on the respondents.
The court held that NDDC is owing the board N50billion, being outstanding tax liability owed the River State Government with respect to Pay As You Earn (PAYE), Withholding Tax (WHT) and other unpaid taxes from 2012 to 2017.
The court also ordered the issuance of a warrant authorising RSBIR to seal any land or property belonging to NDDC in order to recover the tax owed it by the commission.
The court further ordered NDDC to pay N20million as cost incidental to the recovery of the amount owed.
RSBIR had on the April 23, executed an order of the high court and sealed three properties belonging to NDDC in Port Harcourt.
However, following day, NDDC officials met with RSBIR, after which the commission wrote to request that their properties be unsealed.
It was agreed that NDDC would first make some payment but rather than make the payment, NDDC filed a Notice of Appeal at the Court of Appeal on April 26 to challenge the verdict on the tax indebtedness.
The commission also filed a motion for stay of execution of the order at the Court of Appeal and sought to restrain RSBIR from attempting to seal or sealing the commission’s premises pending the determination of the appeal.
RSBIR alleged that on May 6, NDDC unsealed the three premises, repossessed them and placed armed mobile policemen in them without a court order.
It added that NDDC’s stay of execution came after it had already executed the order by sealing the premises.
As a result, the RSBIR is asking the court to commit Brambaifa and three others to prison for alleged contempt.
Apart from Brambaifa, others whom the RSBIR wants the court to jail are Mr Chris Amadi, Mr Adjogbe Samuel and Mr Kaltungo Moljengo.
Meanwhile, it was learnt that three motions filed by the NDDC are pending at the Court of Appeal, while one is pending at the High Court with respect to the contempt proceeding, which NDDC is challenging.
