According to the charges filed by Barr. M.A. Adamu, lead counsel to the complainant, the first defendant, while serving as SSG, wrote a letter to the second defendant purportedly conveying an illegal approval for waiver of outstanding tax liability.
Professor Kyari Mohamned, Vice Chancellor of Modibbo Adama University of Technology (MAUTECH), Yola has been docked on alleged tax fraud running into N460,060,823.18.
Also docked along Kyari, is Prof. Abdullahi Liman Tukur, a former Secretary to State Government (SSG ) of Adamawa State and a staff of MAUTECH.
The duo were arraigned at the Magistrate court No. 4, presided by Magistrate Dimaz Elshama, in Yola on Monday.
The Attorney General of the State, Barr. Bala Sanga, acting on behalf of the state government, accused Tukur, a lecturer at MAUTECH (first defendant), a former SSG under the Umaru Fintiri-led administration of granting an illegal tax waiver to Kyari, the VC of MAUTECH (second defendant) in 2014.
According to the charges filed by Barr. M.A. Adamu, lead counsel to the complainant, the first defendant, while serving as SSG, wrote a letter to the second defendant purportedly conveying an illegal approval for waiver of outstanding tax liability.
MAUTECH is said to be owing the government of Adamawa State an outstanding deductible tax obligation of its employees to the tune of N460,060,823.18, which accrued between the years 2008 and 2010.
Following the university’s non-compliance with any of the letters of request for payment sent to it by the Adamawa State Board of Internal Revenue, the State overnment through this board constituted a court case against MAUTECH for the payment of the said amount.
According to the complainant, the letter of waiver signed by the first defendant, the then SSG, contradicts section 80 of Personal Income Tax Act, 2004.
The complainant therefore submitted that the intent of the letter was to shield MAUTECH from discharging its tax obligation and thereby depriving the government and the people of Adamawa State of the benefits of the said outstanding tax.
Counsel to complainant further submitted that a court of competent jurisdiction had on 25th April 2018 set aside the waiver, having described it as illegal. He added, "the conduct of the accused persons before this honorable court is in breach of section 80 and punishable under section 94 sub.1 of the personal income tax act. 2004".
However, upon hearing the charges, both the first and the second defendants pleaded not guilty.
Thereafter, they applied for bail and were granted on self-recognition, and the case adjourned to September 11, 2018.