The Federal High Court sitting in Lagos has ruled in favour of the Nigerian Liquefied Nature Gas, NLNG over demands for tax holiday between it and the Nigeria Maritime Administration and Safety Agency, NIMASA.
Justice M. B. Idris, delivered the judgement Tuesday 3rd of October, 2017, in the case between NIMASA and the Nigeria Liquefied Natural Gas, (NLNG).
Following the judgement however, Director General of NIMASA, Dr Dakuku Peterside, expressed the Agency’s dissatisfaction with the judgment.
Dr Dakuku noted the Agency intends to appeal the judgment. The NIMASA boss noted that “the Agency’s legal team are waiting for the certified true copy of the judgment which we will study and respond as appropriate”.
Following the judgement however, Director General of NIMASA, Dr Dakuku Peterside, expressed the Agency’s dissatisfaction with the judgment.
Dr Dakuku noted the Agency intends to appeal the judgment. The NIMASA boss noted that “the Agency’s legal team are waiting for the certified true copy of the judgment which we will study and respond as appropriate”.
It would be recalled that NIMASA had in 2013 requested the NLNG to pay all statutory Levies accruable to the Agency, including the 3% levy on gross freight on inbound and outbound international cargo, 2% Cabotage levy and Sea Protection levy stating that the NLNG was not exempted from payments of statutory levies after its tax holiday ended many years ago.
Head Corporate Communion ovations, Isichei Osamgbi, in signed statement noted that section 2 (1) of NIMASA Act states that “This Act shall apply to ships, small ships and crafts registered in Nigeria and extended to ships, small ships and crafts flying a foreign flag in the Exclusive Economic Zone, Territorial and Inland Seas, Inland Waterways and in the Ports of the Federal Republic of Nigeria”. The only vessels exempted from levies under the NIMASA Act are “…warships and military patrol ships”. (Section 2 (2).
Head Corporate Communion ovations, Isichei Osamgbi, in signed statement noted that section 2 (1) of NIMASA Act states that “This Act shall apply to ships, small ships and crafts registered in Nigeria and extended to ships, small ships and crafts flying a foreign flag in the Exclusive Economic Zone, Territorial and Inland Seas, Inland Waterways and in the Ports of the Federal Republic of Nigeria”. The only vessels exempted from levies under the NIMASA Act are “…warships and military patrol ships”. (Section 2 (2).
NIMASA has portfolios of statutory revenues that it collects from shipping companies/ship operators, manning agents and seafarers. This the agency pays into the coffers of the government. It is within these funds generated that the agency uses to develop and police the maritime sector. NIMASA does not receive any government allocations.
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