A Federal High Court sitting in Kano, yesterday, dismissed a suit challenging the tenure of Mr. Babatunde Fowler as Executive Chairman of the Federal Inland Revenue Service, (FIRS).
The court, presided over by Justice Lewis Allagoa, struck out the suit when it upheld the preliminary objection filed by Fowler’s counsel, Paul Erokoro (SAN), that Stanley Okwara, the plaintiff, has no locus standi to file the suit.
Justice Allagoa came to the conclusion after an hour-long review of all the legal authorities cited by Erekoro, T.A Ghazalli, counsel to the Attorney-General of the Federation, who is the second defendant; and JohnMary C. Jideobi, the plaintiff’s counsel.
Justice Allagoa said he could not see how the right of the plaintiff have been affected by the non-appointment of the Executive Chairman, FIRS after August 15.
“In this case, the plaintiff said he is an unemployed legal practitioner. How specifically that affects his rights to file this suit is not disclosed,” said the judge.
He agreed with Fowler’s counsel that the plaintiff has no cause of action and that it was fatal to his suit that he didn’t file a pre-action notice to the court, as required by the Federal Inland Revenue Establishment Act (FIRSEA) 2007. “I agree with the first defendant that the plaintiff ought to have served the defendant with a pre-action notice. He then asked the court to strike out the suit. I so hold,” Allagoa said.
The judge also upheld Erokoro’s submission that the suit should be struck out as there is no “justiciable cause of action.
Ike Odume, FIRS Director of Legal Services, saluted the court, saying: “ we thank you for being forthright in this matter. Thank you for doing justice. It cannot be less. I have been following this court from Enugu. I know you will always do justice. Thank you.
“My Lord, we will be asking for costs. We have come all the way from Abuja three times because of this matter. We will be asking for costs,” said Odume.
Justice Allagoa, however, overruled Odume.
“Don’t kill a fly with a sledgehammer. Parties should bear their costs,” he held.