Education levy: Ekiti Catholic Church insists pry schools’ pupils not taxable
A High Court sitting in Ado- Ekiti has fixed August 31 deliver judgement in a suit filed by Catholic Diocese of Ekiti against Ekiti State Government on the introduction and imposition of N1,000 and N500 Education Development Levy for pupils in secondary and primary schools in both public and private schools in the state.
Apparently irked by this, the Catholic Diocese of Ekiti, owner of Holy Child’s Nursery and Primary School and Saint Joseph’s Nursery and Primary School, approached the court, seeking the interpretation of the laws regarding the propriety of the Ayo Fayose government’s action.
The claimant insisted that pupils at that cadres were not taxable as demanded by Taxes and Levies Approved List for collection Act, Cap T2 Laws of the Federation 2004 and that the policy should be abrogated.
On Thursday, the presiding Judge, Justice Cornelius Akintayo, heard both the notice of preliminary objection brought by the Attorney General and Commissioner for Justice, Mr. Owoseeni Ajayi,
pursuant to Order 22, Rule 1 of the Civil Procedure Rule and the substantive suit.
In his preliminary objection, the Attorney General averred that the court lacked jurisdiction to entertain the case, adding that it was already statute barred and has no cause of action owing to the fact that the government complied with every relevant laws before implementing the policy.
The defendant’s preliminary objection dated 9th May, 2016 also contained another further affidavit dated 16th May, 2016 and was supported by numerous exhibits, including a law passed by the House of Assembly empowering the state government to impose taxes and levies and to also regulate same, which has been submitted.
