The federal government has filed a six-count charge of alleged tax evasion against Nigerdock Nigeria Limited and seven of its directors before the Federal High Court in Lagos.
The seven directors named in the charge marked FHC/L/910c/2024, alongside Nigerdock Nigeria Limited, are Maher Jarmakani, Adewale Akanbi, Michael Akhigbe, Daniel Ayscough, Patrick Van Uden, Adebola Adesoye, and Rutger Ten Thij.
A lawyer, Moses Ideho, representing the federal government in the case, claimed in the charge dated November 26, 2024, that Nigerdock Nigeria Limited and its directors committed the alleged offence between 2015 and 2018.
The company and its directors are accused of failing to pay Companies Income Tax, Tertiary Education Tax, and Withholding Tax, amounting to N68,695,302.53 million, including accrued tax liability, interest, and penalties.
The offence is said to be contrary to Sections 40, 26, and 27 of the Federal Inland Revenue Service Establishment Act 2007 (as amended), as well as Section 82 of the Companies Income Tax Act (as amended), and are punishable under Section 55 of the Companies Income Tax Act (as amended).
The offences also contravene Section 11 of the Tertiary Education Trust Fund (Establishment) Act 2011 due to non-compliance with established law provisions.
No date has been fixed for the arraignment of the defendants.
The charges against the defendants read: “That you, Nigerdock Nigeria Limited, Maher Jarmakani, Adewale Akanbi, Michael Akhigbe, Daniel Ayscough, Patrick Van Uden, Adebola Adesoye, and Rutger Ten Thij, on or about November 25, 2024, and within the jurisdiction of this Honorable Court, while carrying out taxable services in the course of doing business during the years of assessment 2015 to 2018, were obligated to pay tax liabilities and failed to pay the accrued tax liabilities 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, thereby committing an offence contrary to and punishable under Section 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, and Rutger Ten Thij, on or about November 25, 2024, and within the jurisdiction of this Honorable Court, while 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 the years of assessment 2015 to 2018, amounting to N21,273,700 with accrued interest in the sum of N45,294,232.53 and penalties in the sum of N2,127,370.00, thus committing an offence contrary to and punishable under Section 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, and Rutger Ten Thij, on or about November 25, 2024, and within the jurisdiction of this Honorable Court, while carrying out taxable services in the course of doing business, unlawfully and willfully evaded the assessment, payment, and remittance of tax due and payable to the Federal Government of Nigeria for the years of assessment 2015 to 2018, in the sum of N21,273,700.00 with accrued interest in the sum of N45,294,232.53 and penalties amounting to N2,127,370.00, thereby committing an offence contrary to and punishable under Section 53 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, and Rutger Ten Thij, on or about November 25, 2024, and within the jurisdiction of this Honorable Court, while engaged in the normal course of business of Nigerdock Nigeria Limited, neglected and refused to deduct taxes due to the Federal Government of Nigeria concerning the years of assessment 2015 to 2018, thus committing an offence contrary to and punishable under Sections 26 and 27 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, and Rutger Ten Thij, on or about November 27, 2024, and within the jurisdiction of this Honorable Court, while engaged in the normal course of business of Nigerdock Nigeria Limited, neglected and refused to deduct Tertiary Education Taxes for the years of assessment 2015 to 2018 due to the Federal Government, thereby committing an offence contrary to and punishable under Section 11 of the Tertiary Education Trust Fund (Establishment) Act 2011.”