FIRS threatens surveyors with legal action over valuation jobs

BARELY two weeks after the Nigerian Institution of Estate Surveyors and Valuers (NIESV) raised an allegation that the Federal Inland Revenue Service (FIRS), had contracted valuation jobs in some major cities of the country to a firm not licensed to undertake such exercise in Nigeria, the latter has ordered the Surveyors to tender an unreserved apology and retraction within 14 days, upon which failure to do so would attract legal action.

In a letter emanated from the office of the Director, Legal Services Department, FIRS, Messrs Ike Odume, titled “Re-Illegal Valuation Exercise by Federal Inland Revenue Services; Demanding For Apology and Retraction,” dated June 12 2017, addressed to the Publicity Secretary, Nigerian Institution of Estate Surveyors (NIESV), Sir, Charles O. Ebiai, stated that FIRS is not under any obligation to use members of the Institution for the purpose of obtaining information or data on corporate properties for tax assessment and collection.

Besides, FIRS noted that there is no law that compels it to engage members of NIEVS for the purpose of identifying, tracing, and obtaining information on taxable corporate bodies and their tax assessments in Nigeria.

“We wish to place on record that the power of FIRS to appoint whatsoever it considers fit and proper to provide data and information on taxable corporate bodies and their assets for the purpose of preventing tax evasion and fraud is not fettered by the provisions of Section 16 of the Estate Surveyors and Valuers (Registration) Act, where you heavily relied upon.

“It may also interest you to note that the fact that FIRS in 2016, appointed members of the Institution to exclusively value properties in the Federal Capital Territory(FCT) does not translate to a right to dictate to FIRS the manner of performing it’s statutory functions of tax assessment and collection”, the letter stated.

It also noted that Section 12(4) of the FIRSE Act provides that “the Service may appoint and employ such consultants and agents to transact business or to do any act required to be transacted or done in the execution of its functions under this Act, and this particular provision is not subordinated to the power of the Nigerian Institution of Estate Surveyors and Valuers.

“It is in the light of the above that FIRS demands an unequivocal apology and retraction in a well organised public institution and under no circumstance should the NIESV presume that the publication in one of Nigerian Newspapers, (not Nigerian Tribune), will go unchallenged if the demand is not made within 14 days of this letter”.

It would be recalled that  Estate Surveyors and other professional bodies have been denouncing the use of unregistered practioners for jobs that Nigerian professionals bodies should do.

Battle against quacks has been a torn in the flesh of most professional bodies in Nigeria, which each group contends with on regular basis.

But to checkmate the trend within the construction industry, the leadership of NIESVS has had series of interfaces with stakeholders.

According to report in the said Newspaper, one of the Surveyors, Mr. Sola Enitan alleged that FIRS was into a scam by rubbing the nation’s Procurement Act, an action that would not go unchallenged.

Enitan said Federal Inland Revenue Service, makes a push to rubbish the public procurement act and grants indiscriminate valuation briefs to the ‘charlatanic land company’ that has so far cost the people of Lagos over 300 Billion in lost resources on the hugely failed Land Use Charge law, alleging that the land company, which had been paid over N250m in fees for jobs it lacked competence .

According to the allegation, “since the Chairman of Federal Inland Revenue, Mr. Tunde Fowler came into office, the  company that does not have a valuation license in Nigeria has been getting plums jobs from the golden boys of the cult of Lagos.

“The company, who’s MD/CEO only attended Law School as a trained lawyer is currently being positioned to execute the valuation of all corporate buildings in Lagos State”.

Challenging his colleagues, Enitan said: “As we seat in our offices, our profession continues to be eroded from under our feet.  The latest assault is from the Head of the Federal Inland Revenue Service (FIRS), who has in his wisdom contracted out the entire valuation of corporate properties in Lagos to a non-professional, land company”, alleged Enitan, who hinted that he has hard facts on his claims, said he would in a matter of days file a suit against FIRS.

Chairman, Estate Surveyors Registration Board of Nigeria (ESVARBON), Mr. Olayinka Sonaike, said it was regrettable that the informed set of people was guilty of encouraging quackery in Nigeria.

“But one thing I can tell you is that, where the Board considers it necessary to step in, he assured.

Citing the relevant law, Sir Charles Ebiai, the National Publicity Secretary of NIEVS said the step taken by FIRS is contrary to the provisions of the extent laws in Nigeria.

According to a publication in a nation daily, NIEVS said: “Particularly, the Estate Surveyors and Valuers Registration Board of Nigeria Decree No. 24 of 1975 (as it was then known), now CAP E13 LFN, 2007.  By this provision of Section 16 of the said law, it is only registered estate surveyors and valuers that are empowered to undertake any valuation assets in Nigeria.

“The Nigerian Institution of Estate Surveyors and Vlauers therefore totally condemn this grievous error on the part of the management of FIRS and therefore request for immediate reversal of the afore-mentioned contract.

“By this publication, we hereby put to notice all relevant authorities responsible for Public Procurement in Nigeria and the Estate Surveyors and Valuers Registration Board of Nigeria to call to order the management of FIRS to reverse this illegal procurement process in line with the Bureau of Public Procurement (BPP) Act.