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The Executive Chairman of the Federal Inland Revenue Service, Mrs. Ifueko Omoigui Okauru, has instituted a N10 billion naira suit against a Lagos Weekly newspaper, The Premier, published by Roobbs Communication Network Limited and an accountant, Mr. Fidelis Uzonwanne.
Okauru approached a high Court in Abuja, to protest her innocence and affirm her distinguished career and integrity, following the publication of a story, which she maintains is false, untrue and deliberately aimed at tarnishing her reputation and hard earned integrity.
The story: “FACE OF A FRAUD TAX BOSS, OMOIGUI -OKAURU IN N74BN SCAM” titled “TAX FRAUD FIRS BOSS, OMOIGUI-OKAIRU FINGERED IN $492M SCAM”, published on Tuesday 9 MARCH – MONDAY 15 MARCH 2010 edition of The Premier newspaper, claimed that some N74 billion tax payment from Chevron Nigeria Limited was diverted.
Okauru, according to a suit N0: FCT/HC/CV /1331/2010 filed by N.I Okpo ESQ of ROPHEKA PARTNERS, PENTHOUSE SUITE, COPPER HOUSE, N0 4, ALGIERS STREET, ZONE 5, WUSE Abuja, on 16th April 2010, claims that The Premier newspaper and Fidelis Uzonwanne are out to intimidate her to authorise the payment to Uzonwanne of the sum of 10% of US$491, 509, 303.31, allegedly recovered from Chevron Nigeria Limited.
The Service had maintained that there was no such diversion as the FIRS Petroleum Profits Tax PPT payment process into offshore accounts by PPT companies makes diversion implausible and imposible.
The FIRS Chairman maintains too, that the Premier saw Uzonwanne’s quest as a viable avenue to use libel against the FIRS Chairman to increase the sales of THE PREMIER. The newspaper and the accountant, the FIRS Chairman told the court, should be stopped since it appears the newspapers’ stock in trade is libel and tort.
The FIRS Chairman told the court that FIRS had no consultancy contract with Fidelis Uzonwanne as the contract was with the Economic and Financial Crimes Commission. “Thus, all the Defendants were all aware that the lawful manner in which the 6th Defendant (Fidelis Uzonwanne) could claim his alleged commission was by legal action against the Economic and Financial Crimes Commission.
The FIRS Chairman said the story was a deliberate and malicious vote, to “tarnish the Plaintiff’s (Ifueko Omoigui Okauru’s) hard built image and reputation after taking a conscious decision. The Defendants were at all material times, in possession of a press statement released by the Federal Inland Revenue Service in December 2008 wherein the Service stated facts that showed that the allegations of the 6th Defendant against the Plaintiff and the Federal Inland Revenue Service, had been made previously in 2008 and was fully answered in the said press statement.
“Yet, without any fresh allegations, the Defendants recycled the old unfounded allegations in 2010 and gleefully declared the Plaintiff as THE FACE OF A FRAUD.
The FIRS boss told the court that she has lived a life of distinction, integrity, dedication to service in her public and private lives. She recalled that she made a First Class degree in Accounting from the University of Lagos, picked the highest number of prizes by any individual and also played the valedictorian in her graduating class.
In a 30-paragraph affidavit in support of the motion on notice, Okauru said she was the first female professional staff and later the first female National partner in Nigeria ever enlisted for partnership by the firm of Arthur Andersen & Co,
A chartered tax practitioner, and a member of the Institute of Chartered of
Accountants of Nigeria (ICAN), from 1985, stated she was a
Merit Award Winner in 1984, was recognized as a Global leader of tomorrow by
the World Economic Forum in Davos, Switzerland in 2000, represented Nigeria at
the United Nations tax conference in May 2008 and the follow up conference in
Doha Qatar in November 2008, she represents Nigeria on the Management
Committee Meeting of the Commonwealth Association of Tax Administrators
(CATA) as well as on the Council of African Tax Administration Forum (ATAF)’ She was also appointed -on individual recognition by the Secretary General of the United Nations- as a member of the United Nations Committee of Experts on Tax Matters at the international level and in December 2009, Ifueko was awarded an Honorary Doctor of Science degree in Business Administration by the Benson Idahosa University (BIU).
Given the damage the publication has done to her image, her esteem at her workplace, before her employers and colleagues at the national level, in Nigeria and internationally, the FIRS chairman is seeking the following reliefs from the court:
(1). A DECLARATION THAT THE PUBLICATION BY THE DEFENDANTS SHOWING THE PLAINTIFF AS “FACE OF A FRAUD TAX BOSS, OMOIGUI-OKAURU IN N74BN SCAM” AT THE FRONT PAGE OF THE PREMIER OF TUESDAY 9 MARCH – MONDAY 15 MARCH 2010 AND THE ARTICLE HEADED “TAX FRAUD FIRS BOSS, OMOIGUI-OKAIRU FINGERED IN $492M SCAM” (THE FULL TEXT OF WHICH IS IN THE STATEMENT OF CLAIM) IS DEFAMATORY OF THE PLAINTIFF AND IS A MALICIOUS, UNWARRANTED AND UNJUSTIFIABLE ATTACK ON THE PLAINTIFF’S CHARACTER AND REPUTATION.
(2). THE SUM OF N10 BILLION NAIRA BEING EXEMPLARY AND/OR AGGRAVATED DAMAGES FOR LIBEL FALSELY AND MALICIOUSLY PUBLISHED BY THE DEFENDANTS OF AND CONCERNING THE PLAINTIFF IN THE PREMIER NEWSPAPER (A TABLOID) OF TUESDAY 9TH MARCH-MONDAY 15TH MARCH 2010 THE FULL TEXT OF WHICH IS CONTAINED IN THE STATEMENT OF CLAIM.
(3). AN ORDER COMPELLING THE DEFENDANTS TO UNEQUIVOCALLY RETRACT THE SAID PUBLICATIONS AND APOLOGISE TO THE PLAINTIFF FOR, INTER ALIA, THE EMBARRASSMENT AND DAMAGE THE PUBLICATIONS HAVE CAUSED THE PLAINTIFF, AND ALSO TO GIVE THE PUBLICATION OF THE RETRACTION AND APOLOGY THE SAME FRONT PAGE PROMINENCE THEY GAVE THE OFFENDING PUBLICATIONS IN THREE CONSECUTIVE EDITIONS OF THE TABLOID.
(4). A FURTHER ORDER COMPELLING THE DEFENDANTS TO PUBLISH THE APOLOGIES TO THE PLAINTIFF AND RETRACTIONS IN THREE PROMINENT NATIONAL NEWSPAPERS AS WELL AS IN THE ONLINE VERSION OF THE PREMIER.
(5). A PERPETUAL INJUNCTION RESTRAINING THE DEFENDANTS BY THEMSELVES, THEIR AGENTS, SERVANTS AND PRIVIES FROM FURTHER PUBLICATION OF DEFAMATORY ARTICLES OR REPRESENTATIONS OF ANY KIND AGAINST THE PLAINTIFF.
Others listed as defendants in the suit are: Gboyega Adeoye, Lanre Olaleye, Musbau Rasak, Rotimi Sulyman- all of Premier Newspapers and Fidelis Uzonwanne and his company ABZ Integrated Limited.
Justice Folashade A. Ojo, granted an exparte injunction, on 21st April 2010, stopping The Premier and Fidelis Uzonwanne from publishing or circulating stories in print on online, that would further damage the reputation of the FIRS Chairman.
“Accordingly”, the judge ruled, “it is hereby ordered that the 1st and 7th defendants/respondents, by themselves, their agents, servants and privies are hereby restrained from making any further publications, whether in print or in the interest or by both print and on the internet relating to or concerning the subject matter of this suit with No FCT/HC/CV/133/10 pending before this honourable court and from publishing any story in any form related to the plaintiff in her capacity as the Executive Chairman of the Federal Inland Revenue Service (FIRS) pending the determination of the motion on notice for interlocutory injunction filed by the plaintiff”.
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