A Senior Advocate of Nigeria, Chief R.O. Balogun, SAN, has asked a Federal High Court in Ilorin, Kwara State, to nullify a provision in the 2020 Value Added Tax (VAT) Modification Order, which approved the collection and remittance of VAT on basic food items sold by restaurants and hotels in Nigeria.
The VAT Modification Order 2020, now being challenged, had included basic food items (agro- and aqua-based staple food) among the extended list of items exempted from Value Added Tax at the time.
However, the order stated that VAT exemption did not cover basic food items sold in restaurants, hotels, eateries, lounges, and other similar premises, as well as by contractors, caterers, and similar vendors.
The VAT order was approved by Zainab Shamsuna Ahmed, former Minister of Finance, Budget, and National Planning, to provide clarity in interpreting the VAT Act.
The alleged unconstitutionality of VAT imposed on food items sold by restaurants
EFCC’s alleged lack of jurisdiction and the call for restraint
“Assuming, without conceding, that the order of the Honourable Minister is valid, our submission is that failure to collect VAT has not been criminalised.
“What has been criminalised is tax evasion, not non-collection of VAT,” he stated.
“A declaration that the invitation and alleged harassment of the plaintiff and his staff by EFCC operatives regarding banking transactions and VAT collection on food items amount to a gross abuse of office, as the banker-customer relationship is contractual, and failure to collect VAT is not equivalent to tax evasion or an economic crime.”
Based on court documents reviewed by Naijaonpoint, Item 7 Go and its staff had been invited for interrogation by the EFCC, during which the Commission requested banking records, statements of account, and BVN details to conduct due diligence on the finances of the business.