The Federal Government has filed a six-count criminal charge against Nigerdock Nigeria Limited and seven of its directors over alleged tax evasion between 2015 and 2018.
The charges, dated November 26, were filed at the Federal High Court, Lagos.
The directors listed in the suit are Maher Jarmakani, Adewale Akanbi, Michael Akhigbe, Daniel Ayscough, Patrick Van Uden, Adebola Adesoye, and Rutger Ten Thij.
The government, represented by its lawyer Moses Ideho, alleges that Nigerdock Nigeria Limited and its directors failed to pay Companies Income Tax, Tertiary Education Tax, and Withholding Tax amounting to ₦68,695,302.53.
This sum includes accrued tax liability, interest, and penalties.
The defendants allegedly neglected and refused to:
Pay Tax Liability: The charges state that the company and its directors failed to remit ₦21,273,700 in tax liability, accrued interest of ₦45,294,232.53, and penalties of ₦2,127,370.
File Accurate Tax Returns: Between 2015 and 2018, the company allegedly failed to submit complete Companies Income Tax returns as mandated by law.
Deduct and Remit Taxes: Nigerdock and its directors are accused of failing to deduct and remit Withholding Taxes and Tertiary Education Taxes due for the same period.
The alleged infractions violate multiple provisions of Nigerian tax laws, including:
Sections 26 and 27 of the Federal Inland Revenue Service Establishment Act 2007
Section 82 of the Companies Income Tax Act (as amended)
Section 11 of the Tertiary Education Trust Fund (Establishment) Act 2011
These violations are punishable under various sections of the relevant Acts, including Sections 40 and 55 of the Companies Income Tax Act.
The charges reflect the government’s intensified efforts to combat tax evasion and improve revenue generation.
In recent years, the Federal Inland Revenue Service (FIRS) has ramped up enforcement actions against corporations that fail to meet their tax obligations, emphasizing the importance of taxes in national development.
No date has been set for the arraignment of the defendants.
The case is expected to serve as a benchmark for enforcing corporate tax compliance in Nigeria.
The charge filed against Nigerdock and its directors reads in part:
“That you, Nigerdock Nigeria Limited, Maher Jarmakani, Adewale Akanbi, Michael Akhigbe, Daniel Ayscough, Patrick Van Uden, Adebola Adesoye, and Rutger Ten Thij, on or about the 25th of November 2024 and within the jurisdiction of this Honourable Court, whilst carrying out taxable services in the course of doing business, failed to pay the accrued tax liability in the sum of ₦21,273,700.00 with accrued interest of ₦45,294,232.53 and penalties of ₦2,127,370.00 for Companies Income Tax, Tertiary Education Tax, and Withholding Tax, and thereby committed an offence contrary to and punishable under Section 40 of the Federal Inland Revenue Service Establishment Act 2007 (as amended).”
Further charges accuse the defendants of failing to file complete tax returns, evading assessments, and neglecting to remit taxes required under the law.
The Federal Government’s stance underscores its commitment to holding companies accountable and ensuring that tax obligations are fully met.