The Court of Appeal sitting in Abuja has fixed hearing of all appeals filed by the Central Bank of Nigeria (CBN), the Attorney-General of the Federation (AGF), and the School of Banking Honours (SBH) to commence on March 27, 2025, to review the judgment delivered by Justice Inyang Ekwo of a Federal High Court sitting in Abuja on October 11, 2024.
The court had ordered that the sum of ₦579bn be paid to Kasmal International Services Ltd (owned by the late Buruji Kashamu) as 15 per cent commission on the Stamp Duties of ₦3.860 Trillion declared by the Supreme Court to be shared by 36 states are in the and the Federal Government (FGN).
SBH holds Copyright Certificate No. LW1023 on N50 Stamp Duty revenue collections which its research brought to government in 2012 which it said conferred the copyright on it by the provisions of the Nigerian Copyright Act 2004 and the 1999 Constitution of Nigeria (amended) that protect its intellectual property rights against court merchants known as “busy bodies” that SBH is challenging the claim of Kasmal for ₦579 Billion as commission from the ₦3.860 Trillion Stamp Duty revenue collection.
The legal team for CBN and the AGF, led by Chief Adeniyi Akintola (SAN) argued that some errors were noted by government in the Federal High Court judgment which was in favour of Kasmal, adding that Hon. Justice Inyang Ekwo erred in law for ruling in favour of the claims by Kasmal on many grounds.
Among the errors highlighted is that Stamp Duties are public monies to be paid into the Federation Account under Section 162 of the 1999 Constitution (as amended) and that, regardless of any previous mismanagement, the Stamp Duties must be shared by only the three tiers of government.
Theu argued that Chief Oladipo Okpeseyi (SAN) who is leading the SBH position, insisted that five Appeal Court Justices had unanimously nullified Kasmal from any claim on Stamp Duty, hence Justice Inyang Ekwo of the Federal High Court has no jurisdiction to entertain the matter, and even exceeded his authority by adjudicating the matter afresh.
The Appeal Court Justices who decided against all the claims by Kasmal were Ibrahim Saulawa JCA, Ejembi Eko JCA, Adamu Jauro JCA, Moore Adumein JCA and Nonyerem Okoronkwo JCA.
The five issues to be determined in the fresh appeal filed by the CBN, AGF and SBH before the appellate court in Abuja included the facts that SBH exhibited an Order issued by Justice C.J. Aneke of the Federal High Court, Lagos for a fake company, Kasmal Financial Service Ltd, that initiated actions against banks and others in Suit Ref. FHC/L/CS/1462/2013.
“By the court rules, such claim by a “non-juristic” person must not succeed. Hence, that judgment was discarded at the Appeal Court. This proves that further claims by Kasmal (by however this is couched or disguised), must not be entertained by any court.
It also argued that there were conflicting dates on a purported NIPOST-Kasmal contract, adding that SBH exhibited some earlier judgments in favour of Kasmal in Suit Ref. FHC/L/CS/1462/2013 against banks where it claimed to have a NIPOST contract that ended in October 2018.
But in Suit Ref. FHC/L/CS/1710/2013 against CBN, the same ended October 2015; and in new Suit Ref. FHC/ABJ/CS/335/2024, the dates then ended January 2020. But NIPOST denied any verifiable contract with Kasmal before the judgments.
There was also the ground of conflicting percentages; “the five per cent commission granted to Kasmal by Justice Aneke in two earlier judgments suddenly jumped to 15 per cent in the new judgment by Justice Ekwo.
“Hence in May 2024, the Economic and Financial Crimes Commission (EFCC) summoned and disclosed to SBH that it is still tracking the claims Kasmal since April 2016,” it was stated.
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