Tax Evasion: FG Drags Nigerdock, 7 Directors to Court
The Federal Government has filed a 6-count criminal charge against Nigerdock Nigeria Limited and seven of its directors over alleged tax evasion.
The charge dated November 26 was filed at the Federal High Court, Lagos.
The seven directors listed alongside Nigerdock Nigeria Limited in the charge are Maher Jarmakani, Adewale Akanbi, Michael Akhigbe, Daniel Ayscough, Patrick Van Uden, Adebola Adesoye and Rutger Ten Thij.
Through its lawyer, Moses Ideho, the Federal Government alleged that Nigerdock Nigeria Limited and its directors committed the alleged infractions between 2015 and 2018.
Specifically, Nigerdock Nigeria Limited and its directors were alleged to have between 2015 and 2018 years of Assessment, failed to pay Companies Income Tax, Tertiary Education Tax and Withholding tax amounting to N68,695,302.53 million, which are accrued tax liability, accrued interest and penalty.
The defendants’ offences are said to be contrary to sections 40, 26 and 27 of the Federal Inland Revenue Service Establishment Act 2007 (as amended), Section 82 of the Companies Income Tax Act (as amended) and punishable under 8. 55 of the Companies Income Tax Act (as amended).
The offences are also said to be contrary to Section 11 of the Tertiary Education Trust Fund (Establishment) Act 2011 for non-compliance with extant provisions of the law.
Charge against All the defendants read: “That you Nigerdock Nigeria Limited, Maher Jarmakani, Adewale Akanbi, Michael Akhigbe, Daniel Ayscough, Patrick Van Uden, Adebola Adesoye, Rutger Ten Thij on or about the 25th of November 2024 and within the jurisdiction of this Honourable Court, whilst carrying out taxable services in the course of doing business, within the 2015 2018 years of Assessment, was obligated to pay tax liability and did fail to pay the accrued tax liability, in the sum of N21,273,700.00 with accrued interest in the sum of N45, 294, 232.53 and penalties in the sum of N2,127,370.00 for Companies Income Tax, Tertiary Education Tax and Withholding tax and thereby committed an offence contrary to and punishable under S.40 of the Federal Inland Revenue Service Establishment Act 2007 (as amended).
“That you Nigerdock Nigeria Limited, Maher Jarmakani. Adewale Akanbi, Michael Akhigbe, Daniel Ayscough, Patrick Van Uden, Adebola Adesoye, Rutger Ten Thijon or about the 25th at November 2024 and, within the jurisdiction of this Honourable Court, whilst carrying out taxable services in the course of doing business, failed to file correct and complete Companies income tax returns in the prescribed form and manner for 2015 to 2018 years of assessment in the sum of N21, 273, 700 with accrued interest in the sum of N45,294,232.53 and penalties in the sum of N2,127,370.00 to pay the relevant tax administration by the Service and in so doing, Committed an offence, Contrary to and punishable under 8. 55 of the Companies Income Tax Act (as amended).
“That you Nigerdock Nigeria Limited, Maher Jarmakani, Adewale Akanbi, Michael Akhigbe, Daniel Ayscough, Patrick Van Uden, Adebola Adesoye, Rutger Ten Thijs on or about the 25th of November 20274 and within the jurisdiction of this Honourable Court, whilst carrying out taxable services in the course of doing business, did unlawfully and wilfully evade the assessment, payment, and remittance of tax due and payable to the Federal Government of Nigeria for the 2015 to 2018 years of assessment in the sum of N21,273,700.00 with accrued interest in the sum of N45,294,232.53 and in addition penalties in the sum of N2,127,370.00 and in so doing Committed an offence, contrary to and punishable under S. 53 of the Company Income Tax Act (as amended).
“That vou Nigerdock Nigeria Limited. Maher Jarmakani. Adewale Akanbi Michael Akhigbe, Daniel Ayscough, Patrick Van Uden, Adebola Adesoye, Rutger Ten Thij on or about the 25th of November 2023 between and within the jurisdiction of this Honorable Court, whilst engaged in the normal course of business of Nigerdock Nigeria Limited, neglected and refused to deduct taxes due to the Federal Government of Nigeria with respect to the 2015 and the 2018 years of Assessment and in so doing committed an offence contran to and punishable under Section 26 & 27 of Federal Inland Revenue Service Establishment Act 2007 (as amended).
“That you Nigerdock Nigeria Limited, Maher Jarmakani, Adewale Akanbi Michael Akhigbe, Daniel Ayscough, Patrick Van Uden, Adebola Adesoye, Rutger Ten Thij on or about the 27 of November 2024 and within the jurisdiction of this Honorable Court, whilst engaged in the normal course of business of Nigerdock Nigeria Limited, Neglected and refused to deduct Tertiary Education taxes for 2015 to 2018 years of assessment due to the Federal Government and so committed an offence contrary to and punishable under Section 11 of the Tertiary Education Trust Fund (Establishment) Act 2011 for non-compliance with extant provisions of the law.
“That you Nigerdock Nigeria Limited, Maher Jarmakani, Adewale Akanbi, Michael Akhigbe, Daniel Ayscough, Patrick Van Uden, Adebola Adesoye, Rutger Ten Thij, on or about the 25th of November 2024 and within the jurisdiction of this Honourable Court, whilst engaged in the normal course of business of Nigerdock Nigeria Limited, neglected and refused to deduct Withholding taxes for 2015 to 2018 years of assessment due to the Federal Government and in so doing committed an offence contrary to and punishable under Section 82 of the Companies Income Tax Act for failure to deduct tax and comply with the withholding tax regulations.”
No date has been fixed for the arraignment of all the defendants.
