Court orders Tunji-Ojo, Fagbemi to file processes in suit challenging expatriate employment levy

A federal high court in Abuja on Thursday ordered Olubunmi Tunji-Ojo, the minister of interior, and Lateef Fagbemi, attorney-general of the federation (AGF), to file all relevant processes in a suit challenging the implementation of the expatriate employment levy.

Inyang Ekwo, the presiding judge, made the order on Thursday, after John Otuka, counsel to the interior minister, sought an adjournment to enable him to correct the mistakes in the counter affidavit filed against the plaintiff’s motion for interlocutory injunction.

When the matter was called, Pau Atayi, who represented the plaintiff, informed the court that his team was ready to proceed with hearing as previously scheduled.

Otuka told the court that they filed their counter affidavit the previous day and observed there was a mistake in the heading.

“You filed a counter affidavit against non-existing originating summons,” the judge said sarcastically.

“It was a mistake my lord,” Otuka responded.

AGF’s lawyer, Enoch Simon, also confirmed the receipt of the plaintiff’s documents.

Simon said they had filed a memorandum of conditional appearance, a counter affidavit and a statement of defence.

He added that they also intended to file a notice of preliminary objection.

The AGF’s lawyer said they were still within time to file noting that the plaintiff’s documents. were served on January 13.

Atayi, who expressed surprise at the response of the defence lawyers, prayed the court to grant him leave to take their motion.

He said if the matter was adjourned without taking his motion, the defendants might tamper with the subject matter (res) of the suit.

In his ruling, Ekwo reminded parties in the suit that they are to maintain status quo having submitted themselves to the jurisdiction of the court.

The judge adjourned the matter until March 5 for further mention.

“Parties are hereby ordered to file all relevant processes seven days before that day,” the judge held.

The suit marked FHC/ABJ/CD/1780/2024, was filed by the Incorporated Trustees of New Kosol Welfare Initiative.

The group sought an order of interim injunction restraining the defendants from commencing the implementation of the new expatriates’ taxation regime in Nigeria until the motion is heard and decided.