Ekiti government, church battle in court over levy

Judgment slated for August 31

A high Court in Ado Ekiti has heard why the Ekiti State Government should discontinue the education levy it slammed on Primary and Secondary school students.

The state government had been enforcing a N1,000 and N500 tax on pupils in both public and private schools.Following the development, the Catholic Diocese of Ekiti, owner of Holy Child’s Nursery and Primary School and Saint Joseph’s Nursery and Primary School had approached the court challenging the decision of the Governor Ayo Fayose-led administration.

The claimant, through its lawyer, Barrister Emmanuel Akingbade, told the presiding judge, Justice Cornelius Akintayo, yesterday, that pupils at that cadre are 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.

Akingbade added that the students are protected against any levy and extortion by Section 2 of the Universal Basic Education Act and provisions of Section 1 (5) and items 9 and 10 of part 2 of the second schedule of the 1999 constitution, as amended.

The Attorney General and Commissioner for Justice, Mr. Owoseni Ajayi, however, averred that the court lacks jurisdiction to entertain the case, saying it was already statute barred and has no cause of action, owing to the fact that the government complied with all relevant laws before implementing the policy.

“My Lord, by the time you peruse the written address attached to this preliminary objection and the avalanche of exhibits presented, you will come to irresistible conclusion that the court lacks jurisdiction to entertain this matter on merit,” said Ajayi.The court has fixed August 31 for judgment.