Browsing by Author "Sa'adu, Hafsat Iyabo"

Now showing 1 - 20 of 22
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    AN ANALYSIS OF TAXATION OF CAPITAL MARKET TRANSACTIONS IN NIGERIA
    (COLLEGE OF LAW, KWARA STATE UNIVERSITY, MALETE, 2017) Sa'adu, Hafsat Iyabo
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    AN APPRAISAL OF ASSESSMENT PROCEDURE UNDER NIGERIAN TAX LAW
    (GLOBAL SCIENCE AND TRCHNOLOGY FORUM (GSTF), 2017-06-05) Sa'adu, Hafsat Iyabo
    Assessment is the core value of taxation and cannot he Divorced from tax. It is through tax assessment that the whole process of measurement of a taxable person's tax obligation is determined. The objective of this paper is to evaluate assessment procedure in Nigeria in line with 2011 Regulations. The methodology employed is analytical with the use of both primary and secondary sources of law. Assessment plays a vital role in taxation as it is the key factor to tax collection. Under the Nigerian law, it is based on the information contained in the taxpayers returns. In the year 2011, the Tax Administration (Self Assessment) Regulations was enacted to modify processes and procedures fur self-assessment. The rationale behind this is to make compliance easier for taxpayers and make tax payment convenient for ease of administration. It has been found that before the enactment of these Regulations, assessment practice in Nigeria varies from one type of tax to another. It is recommended that the relevant laws should be amended accordingly instead of promulgating rules and regulations which are null and void ab initio.
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    CIVIL DESIGN CONSTRUCTION NIG. LTD. V. SCOA NIGERIA LIMITED: AN EXPOSITION OF DEDUCTING OF REPOSSESSION UNDER THE HIRE PURCHASE ACT, 1990
    (THE DEPARTMENT OF JURISPUDENCE AND INTERNATIONAL LAW, FACULTY OF LAW, KOGI STATE UNIVERSITY, AYINGBA, 2008) Sa'adu, Hafsat Iyabo
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    CLIMATE CHANGE: LEGAL RESPONSE TO AVIATION EMISSION IN NIGERIA
    (FACULTY OF LAW, UNIVERSITY OF ILORIN, 2011) Sa'adu, Hafsat Iyabo
    Aviation is a rogue sector and its environmental impact is out of control. Climate change is the most urgent challenge facing humanity and yet aviation policy is doing the opposite of what is needed . It is on the basis of the above submission that this paper discusses the impact of aviation on climate change and the Nigerian legal response to greenhouse gas emissions from the aviation sector with a view to knowing the efforts being made by the Nigerian government to reduce the impact of aviation emissions on climate change. The paper finally concludes that Nigeria follow unsuccessful efforts of International Civil Aviation Organization to reduce aviation emissions
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    COMPOSITION AND INTERNAL STRUCTURE OF LEGISLATURE
    (FACULTY OF LAW, USMAN DANFODIYO UNIVERSITY, SOKOTO, NIGERIA, 2010) Sa'adu, Hafsat Iyabo
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    DISPUTE RESOLUTION MECHANISMS IN THE NIGERIAN CAPITAL MARKET: AN OVERVIEW
    (FACULTY OF LAW, EBONYI STATE UNIVERSITY, ABAKALIKI, NIGERIA, 2016) Sa'adu, Hafsat Iyabo
    n the last two decades, property damage estimated at 150-1000 billion dollars resulted from natural disaster worldwide. Tropical cyclones have caused worldwide losses of an estimated 60-70 billion dollars annually. The comparable loss for landslide exceeds 50 billion dollars. These figures merely hint at the scale of loss due to natural disasters. This work discussed the human, economic and environmental impact of natural disasters, the role of science, social measures and law in advising local authorities in checkmating the recurrent incidences. The paper also discussed the legal and policy tools for reducing vulnerability, enhancing emergency preparedness and response, and increasing environmental protection. In doing this, we deployed the doctrinal, analytical and descriptive methods of research. While data was collected via both primary and secondary sources; to wit, statutes, conventions, books, journals, case laws and other documentary sources. We also displayed pictures and tables to describe the monumental nature of the subject under discussion. At the end, it was found that due to the global rise in temperature due to climate change, all countries are at risk of risk disaster devastation. We also found that natural hazards do not recognise geographical boundaries or national territories. Our finding also. revealed that as a result of industrialisation, developed countries suffer more monumental economic loss to disasters than developing countries. Sadly, it was shocking to know that the magnitude of disasters globally appears to defy foreseeable solution. Ironically, disaster reduction success only showed that heavy losses at the hands of nature are not completely inevitable. It was concluded that while it may not be completely possible to eradicate the occurrence of all natural hazards, but the disaster they generate can often be minimised, if our proffered recommendations are followed.
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    ENVIRONMENTAL TAXES AND SUSTAINABLE DEVELOPMENT: NIGERIA IN PERSPECTIVE
    (SCHOOL OF LAW, GALGOTIAS UNIVERSITY, INDIA, 2019) Sa'adu, Hafsat Iyabo
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    IDDAH-A RECEDING CONCEPT IN ISLAMIC LAW
    (Faculty of Law, Kogi State University, Anyigba, 2009) Sa'adu, Hafsat Iyabo
    Iddah period was known and practiced during the Jahliyyah period. When Islam came, it adopted and modified it. This period of Iddah has been ordained by Allah (S.W.T.) in the Qur’an. In Islamic Law, it is obligatory to observe Iddah by women at the death or divorce by their husbands and this is unanimously agreed upon by the Jurists. Iddah can only be observed by a woman who is divorced or lost her husband if there is the establishment of a valid marriage between her and the husband in question. However, the term Iddah literally means number or counting. In Islamic Law, Iddah is a waiting period of women who are separated from their husbands due to death or divorce before engaging in any other marital relationship. It is for three months in the case of divorce and four months and ten days in the case of the death of the husband.
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    The Implication of the Concept of Legal and Beneficial Ownership in Sukuk Structures under the Nigerian Tax Regime
    (Printed and bound by Antony Rowe Ltd. Eastbourne UK ElectronicPublications.Org, 2022) Sa'adu, Hafsat Iyabo
    This article investigates the meaning of the concept of ownership as obtained under the common law and Shari’ah (Islamic law) as well as the implication in Sukuk (Islamic bonds) structures under the Nigerian tax regime. In doing this, the article analyses the concept of both legal and beneficial ownership under the common and Islamic law. This article examines the two forms of ownership under common law, i.e., legal and beneficial, and argues that there is controversy as to the need for such distinction for the concept of ownership under Islamic law. The article concludes that for a proper structuring of sovereign Sukuk in any jurisdiction, Nigeria inclusive, there is the need to first address the meaning of the concept of ownership under Islamic law. The article further concludes that the present tax regime in Nigeria needs to be amended to accommodate the uniqueness of Sukuk structures. The article, therefore, recommends that Sukuk structures should accord Sukuk holders with absolute ownership (malik tamm) and the various tax laws in Nigeria be amended to suit Islamic finance products.
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    INVESTIGATING TAX CRIMES AND PROTECTION OF HUMAN RIGHTS IN NIGERIA
    (COUNCIL OF LEGAL EDUCATION/NIGERIAN LAW SCHOOL, 2014) Sa'adu, Hafsat Iyabo
    Enforcement is a fundamental imperative of a good tax system as it constitutes a benchmark for measaring the standard for effective tax administration. It encapsulates surveilance, search and seizure among others. The two concepts are valuable in the detection of tax crimes. The essentially of the duo in tax enforcement and the fact that their operations may interfere with human rights of tax payers recognized by the Constitution make them attractive to scholarly scrutiny. Therefore, this paper analyzes their legal frameworks and nature within the context of the constitutional jurisprudence with the view of finding out the available safeguards to them. The paper finds that the absolute nature of section 37 of the Nigerian 1999 Constitution as amended creates a general right of immunity for surveillance against the collective rights of the public. "Therefore, it recommends a proviso to the section to accommodate lawful justification for surveillance. It further suggests the need for effective safeguards to be imposed by law as against mere administrative policy.
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    THE LEGAL REGIME OF CAPITAL GAINS TAX IN NIGERIA
    (FACULTY OF LAW, ADEKUNLE AJASIN UNIVERSITY, AKUNGBA-AKOKO, ONDO STATE, NIGERIA, 2011-02) Sa'adu, Hafsat Iyabo
    The idea of taxation of Capital Gains Tax in Nigeria for the first time started in 1967 y the Capital Gains Tax Decree No. 44 which was consolidated and re-enacted in Cap 42 of the Laws of the Federation of Nigeria 1990 (now Capital Gains Tax Act Cap. CO01 LFN 2004). This remains the current law as far as Capital Gains Tax is concerned in Nigeria. The tax is administered by the Federal Board of Inland Revenue Service. The Capital Gains Tax Act (CGTA) is universally applied to all taxable corporations in Nigeria. It is important to note that the Nigerian Capital Gains Tax Act appears to be similar to that of the United Kingdom. This paper examines the legal regime of Capital Gains Tar in Nigeria from inception to date.
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    THE NIGERIAN CONSTITUTION, TAXATION AND SUSTAINABLE DEVELOPMENT
    (Grosvenor House Publishing Limited, 2012) Sa'adu, Hafsat Iyabo
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    AN OVERVIEW OF TAX APPEAL TRIBUNAL IN NIGERIA
    (FACULTY OF LAW, LAGOS STATE UNIVERSITY, OJO, 2010-06) Sa'adu, Hafsat Iyabo
    The Nigerian Tax Appeal Tribunal was constituted and formally inaugurated Feb. 4, 2010. Before the establishment of the Tax Appeal Tribunal in 2007 by the Federal Inland Revenue Service (FIRS) Establishment Act 2007, there were other adjudicating bodies on tax-related issues within the Nigerian tax system. But the impact was little when compared with the level of confidence reposed in the bodies by stakeholders, especially the taxpayers. These bodies were the Body of Appeal Commissioners and the Value Added Tax Tribunal. Section 53(1) of Company Income Tax Act (CITA) 1990 empowers the Minister of Finance to establish by notice in the Federal Gazette, a Body of Appeal Commissioners and the Value Added Tax Tribunal, which have been replaced by the Tax Appeal Tribunal (TA.T.). The current position seems to have done away with the state Body of Appeal Commissioners. A national tribunal (divided into zones) is now vested with the power to determine dispute arising from all federal tax legislations. This paper thus examines structural and procedural steps employed by the Tax Appeal Tribunal in the discharge of its statutory duties.
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    Prevention of Income and Profit-Shifting to Tax Haven Countries in Nigeria
    (Edinburgh University Press, 2022-11) Sa'adu, Hafsat Iyabo
    One of the major strategies usually employed by companies to avoid taxation in Nigeria is to shift their incomes or profits to their subsidiaries located in low or no tax countries, usually referred to as ‘tax haven countries’. This is a result of the globalisation of international trade which made it possible for companies to extend their businesses to countries other than where they are headquartered. Thus the article examines income and profit-shifting to tax haven countries, its international regulations as well as its regulations in Nigeria. The article found that Nigeria does not have an adequate legal framework to prevent companies from shifting incomes and profits to their tax haven subsidiaries. The article recommends that the Nigerian government should urgently put in place the necessary legal framework and administrative procedures to implement the Organisation for Economic Co-operation and Development (OECD) 15-Action Plan on Base Erosion and Profit Shifting (BEPS) in line with international best practices
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    THE PRINCIPLE OF FOREIGN INVESTMENT IN INTERNATIONAL LAW
    (FACULTY OF LAW, EBONYI STATE UNIVERSITY, ABAKALIKI, NIGERIA, 2015) Sa'adu, Hafsat Iyabo
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    PROOF OF PATERNITY UNDER ISLAMIC LAW
    (FACULTY OF LAW, UNIVERSITY OF ILORIN, 2005) Sa'adu, Hafsat Iyabo
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    QUR'AN PRINCIPLES OF GOOD GOVERNANCE AND LEADERSHIP
    (DEPARTMENT OF ISLAMIC LAW, UNIVERSITY OF ILORIN, NIGERIA, 2014-12) Sa'adu, Hafsat Iyabo
    The Quran has been revealed as a divine guidance to mankind. It came as a revelation through Angel Jibril to the Holy Prophet Muhammad (S.A.W). Islam has left nothing untouched as contained in the Holy Our'an, so is the issue of governance. It is in this divine guidance that the issue of governance and leadership crop up. Allah has revealed the Quran to the Holy Prophet Muhammad (SAW) to connect man with his Lord, and guide the relationship between him and creatures for the purpose of vicegerency. Allah has put man to test and trials in preparation for the enormous task of vicegerency. There are many lessons for mankind in the stories of the Messengers and Prophets of Allah. One of the lessons was the leadership role of guiding people to the right path and ruling their affairs with injunctions of Allah. The Quran formulates rules and principles for the purpose of good governance to ensure that the vicegerency is made simple and easy for mankind. Examples of these rules are that the Quran affirms that legislation belongs to Allah alone, that Islam is the only religion that Allah recognize, and that the concept of religion in Islam contains belief, moral, conduct and decrees that governs the human society. The Quran decrees justice, as a means of good governance and leadership. It also decrees obedience from the subjects to their leaders, consultation between the authority and the subjects, good exemplary conduct, administrative competence and learning from the experience of the past leadership. This is the Quran projection of leadership and good governance. It is the Islamic projection of the leadership, despite some misdeeds of some individuals. Thus, this paper sets out to consider the Quran projection of- good governance and leadership from earlier era of Islam and from other periods which are comparable to our present time to serve the recurrent needs of the present leaders if any of them prepares to use them and follow their rules religiously.
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    REFORMING DEFICIENCIES IN NIGERIA'S TAX ADMINISTRATION USING BEST GLOBAL PRACTICES
    (FACULTY OF LAW AHMADU BELLO UNIVERSITY, ZARIA, 2016) Sa'adu, Hafsat Iyabo
    Due to the failing economy of several countries of the world, including developed and developing economics, there has been urgent and pressing need for a sustainable source of revenue to fund the economy. Several countries of the world have identified and operated taxation as a dependable and lasting source of revenue for the nations' economy, Nigeria inclusive. Nigeria at present is experiencing vast decline in its revenue generation and the Gross Domestic Product (GDP as well as the living standard of the citizenry is exponentially declining mainly because of the fall in international price of crude oil. Crude oil has been, for over five decades. the main source of sustaining and growingthe Nigerian economy. Nigeria has a nation can only exploit the economic benefits laden in taxation as a means of generating immense revenue for sustaining and growing the economy. This has been evident in countries like Ireland, Denmark, Germany and France, where taxation contributes massively to the economics of the various countries, as reflected in their Gross Domestic Products (GDP). The viability of taxation in Nigeria, just like in any country, is however dependent on the effectiveness and adequacy of the tax administration system. A country’s taxation returns cannot go beyond its tax administrative proficiency. As such, in paying proper attention to taxation in the country, there is an unequivocal need to ensure effectiveness and efficiency in the administration of tax. This has been the bases for immense revenue generation through tax in most advanced countries, and must also be optimized in the Nigerian tax system and this is what the study sets out to achieve.
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    REFUND PROCEDURE FOR VALUE ADDED TAX IN NIGERIA: AN APPRAISAL
    (FACULTY OF LAW, UNIVERSITY OF MAIDUGURI, 2020) Sa'adu, Hafsat Iyabo
    This paper appraises Refund Procedure for Value Added Tax under the Nigerian Law. A significant characteristic of the Value Added Tax Act Cap VI Laws of the Federation of Nigeria (LFN) as modified by the Finance Act, 2019 is the right of the VATable person to demand for a VAT refund where the input tax genuinely exceeds the output tax for a transaction period. Refund is also available for VAT paid on zero rated goods and services. Section 23 of the Federal Inland Revenue Service (Establishment) Act (FIRSEA) 2007, vests Federal Inland Revenue Services (FIRS) with the power to make tax refund as well as place guidelines and requirements for refund procedure including VAT refund from time to time. In addition, pursuant to section 61 of het FIRSEA, FIRS issued information circular to notify stakeholders with the policy on the refund procedure. An appraisal of section 23 of the FIRSEA and the Refund Circular raised questions as the taxpayers is deprived of use of his property as guaranteed by section 43 of the Constitution of the Federal Republic of Nigeria (CFRN), 1999 as amended. The taxpayer is forced to wait till an undetermined future date for the refund or agree to the choice of setting off the refund due against future tax. This paper seeks to canvass for a specific legal framework for the tax system to recognize surplus payment as debt owed by the state.
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    THE ROLE OF COURTS IN THE INTERPRETATION OF TAXING STATUTES IN NIGERIA
    (School of Law, Kampala International University, 2019) Sa'adu, Hafsat Iyabo
    The rules guiding the interpretation of statutes cannot he lightly regarded, most especially as they relate to the interpretation of tax legislations and the approach of the courts when exercising their judicial discretion to opt for one of the several males. This is particularly imperative in the light of the fact that the interpretational rule applied by the courts often determines their interpretation of statutory provisions and ultimately the application of such provisions to the determination of tax disputes being adjudicated upon. This paper evaluates the rules of interpretation of statutes as applied by the courts in relation to tax legislations in Nigeria. The study employs doctrinal research method which entails library-based analysis of the content of both primary and secondary sources of law and information. Thus, the study found that the rule of interpretation opted for by the court determines the outcome of the judicial proceedings, and where the court has opted for the wrong rule of interpretation and consequently interpreted tax legislations wrongly, it is inevitable that its judgment and final verdict on the suit would have been reached in error (per incuriam), and would always readily be set aside on appeal. The study included that such wrongful interpretation and application of tax legislations by the apex appellate body (i.e. The Supreme Court), would set in an oppressive hinting precedence on lower courts. The article recommended that Nigeria should device efficient and effective legal drafting of tax statutes and legislations.