‘I Have Power To Recover Stamp Duty’ — Malami Writes 36 Nigerian Governors

The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, has written to governors of the 36 states in Nigeria regarding the audit and recovery of accumulated stamp duty (15th January, 2016 to 30th June, 2020).

Malami wrote against the backdrop of a suit instituted by the attorneys-general of the 36 states at the Supreme Court, challenging the collection of stamp duty by agencies of the Federal Government.

But according to a statement issued by Dr. Umar Jibrilu Gwandu, Special Assistant on Media and Public Relations, FMOJ, on Wednesday, Section 111 of the Stamp Duty Act grants Malami the exclusive power to recover outstanding payments or remittances related to stamp duty.

“Pursuant to Mr. President’s approval and directives, I also wish to request Your Excellency to direct the State Ministries, Departments, Agencies, and Regulatory Institutions of Financial Sector to engage and grant access to the appointed Recovery Agents for the purpose of the Audit and Recovery of Stamp Duty to ensure that all established liabilities are remitted as appropriate,” Malami’s letter to each of the governors partly reads.

According Gwandu, Malami simply activated “those powers” to conduct the audit and recovery of backlog of stamp duty in collaboration with different stakeholders.

He explained that “recoveries are being conducted for the Federal Ministries, Departments, Agencies and Financial Institutions” but that “at this stage liabilities are being established, and no actual recovery has been made.”

Malami’s spokesperson further said that the FG had already established an Inter-Ministerial Committee on Audit and Recovery of Back years Stamp Duties for the period.

“Members of the committee were drawn from Office of the Attorney General of the Federation and Minister of Justice in collaboration with relevant Agencies including the Office of the Secretary to the Government of the Federation, Federal Inland Revenue Service, Office of the Accountant General of the Federation, Ministry of Finance, Central Bank of Nigeria, Revenue Mobilization and Fiscal Allocation Commission, among others,” the statement partly read.

The AGF noted that the respective state attorneys-general have been briefed on the matter.