Court grants stay of execution over increase in expatriate fees
The Federal High Court, Lagos has granted a stay of execution on the judgment delivered by Justice Rilwanu Aikawa nullifying the collection, remittance and hike of the Combined Expatriate and Residence Permit Aliens Card (CERPAC) fees from $1000 to $2000 in 2018.
Justice Aikawa had on November 20, 2019, in his judgment declared as unconstitutional, the contract between the Ministry of Interior, the Nigeria Immigration Service and Continental transfert technique Limited for the collection of the CERPAC fees, in a suit brought by Mr. Femi Falana (SAN).
The Federal Government through the Minister of Interior, the Comptroller-General of Nigeria Immigration (NIS) and Contec jointly filed an appeal against the judgment in the suit No: FHC/L/CS/289/2019 in which the Federal High Court granted a stay of execution in their favour.
However, Dr. Adewole Adebayo, in the appeal raised twelve grounds upon which he asked the court to set aside the judgment of Justice Aikawa, which declared as unconstitutional the contract between the Ministry and Contec for the collection of the CERPAC fees.
In granting the stay of execution of the judgment on March 3, 2020, the court upheld the appeal filed by the third respondent’s counsel, Dr. Adewole Adebayo.
It also upheld the CERPAC fees hike of $2000 payable annually by expatriates resident in Nigeria.
The order on the motion said: “Upon reading the affidavit in support and written address dated and filed on the 22 of November, 2019 in the Federal High Court Registry, deposed to by Omolara Sodeinde and a legal practitioner of Adewole Adebayo and Co. House of Law in Abuja, Federal Capital Territory.
“That an order is granted staying the execution of the judgment delivered by this Court on November 20, 2019 pending the respective appeals filed by the three applicants by the Court of Appeal.”
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