The Court of Appeal in Abuja on Monday fixed the hearing of all the appeals filed by the Central Bank of Nigeria (CBN), Attorney-General of the Federation (AGF) and School of Banking Honours (SBH) for March 27, 2025.
The appeals will address the judgement delivered by Justice Inyang Ekwo of the Federal High Court, Abuja, October 11, 2024 ordering the sum of N579 billion to be paid to Kasmal International Services Ltd, owned by the late Senator Buruji Kashamu, as 15 per cent commission on the stamp duties of N3.860 trillion declared by the Supreme Court for sharing by the Federal Government and the 36 states of the federation.
Stamp duty in banking is a protected research work
SBH holds Copyright Certificate No. LW1023 on N50 stamp duty revenue collections, which its research brought to government in 2012.
It is under the locus conferred on it by the Nigerian Copyright Act 2004 and the 1999 Constitution of Nigeria (amended) that protect its intellectual property rights against court merchants, known as “busy bodies,” that SBH is challenging the claim of Kasmal for N579 billion as commission from the N3.860 trillion stamp duty revenue collection.
It was disclosed that some errors were noted by government in the Federal High Court judgement, which was in favour of Kasmal.
A source privy to the ongoing suit revealed that Chief Adeniyi Akintola (SAN) who is lead counsel for CBN and AGF, stated that Justice Inyang Ekwo “erred in law” on many grounds for ruling in favour of the claims by Kasmal.
“Among the errors were that stamp duties are public monies to be paid into the Federation Account under Section 162 of the 1999 Constitution (as amended) and that, regardless of any previous mismanagement, the stamp duties must be shared by only the three tiers of government.
“This probably explains why the Supreme Court settlement was extended to lawyers and SBH who have genuine contract claims to the researched revenue, for sharing (under the Nigerian Laws),” the source said.
2016 Appeal Court judgement had nullified all claims by Kasmal
“It was also reported that Chief Oladipo Okpeseyi (SAN), who is the counsel to SBH, insisted that five Appeal Court justices had unanimously nullified Kasmal from any claim on stamp duty, hence Justice Inyang Ekwo of the Federal High Court has no jurisdiction to entertain the matter, and even exceeded his authority by adjudicating the matter afresh.
“The Appeal Court justices who decided against all the claims by Kasmal were Ibrahim Saulawa JCA, Ejembi Eko JCA, Adamu Jauro JCA, Moore Adumein JCA and Nonyerem Okoronkwo JCA.
“Upon the pronouncements by the Appeal Court, the AGF promptly took over all work done by SBH from NIPOST, while Kasmal somehow used SBH’s name and Copyright work for its unsubstantiated claims to the government, which SBH is challenging.
“An Appeal Court justice described the action by Kasmal as a “carefully crafted scam.” And after eight years, this is audaciously coming up again on the government fund.
“Having presented the Appeal Court judgement as exhibit, five issues raised by SBH were not cleared by Justice Inyang Ekwo before he granted judgement in favour of Kasmal. These shall be addressed in the new appeal, along with 2016 Appeal Court decisions,” the source disclosed.
The five issues to be determined in the fresh appeal filed by the CBN, AGF and SBH before the appellate court in Abuja include:
Kasmal Financial Service Ltd (fake company) was plaintiff
The source continued: “SBH presented as exhibit, an order issued by Justice C.J. Aneke of the Federal High Court, Lagos, for a fake company, Kasmal Financial Service Ltd, that initiated actions against banks and others in Suit Ref. FHC/L/CS/1462/2013.
“By the court rules, such claim by a “non-juristic” person must not succeed. Hence, that judgement was discarded at the Appeal Court.
“This proves that further claims by Kasmal (by however this is couched or disguised), must not be entertained by any court.
Commission on stamp duty revenue collection targeted by Kasmal was SBH’s work
The source disclosed that “SBH confirmed to Justice Inyang Ekwo that the N3.860 trillion stamp duty which Kasmal targeted for 15 per cent commission of N579.1 billion was actually 50 per cent of its (SBH) own Demand Notice for N7.720 trillion that was served on banks’ agent, Nigeria Inter-Bank Settlement System Plc (NIBSS), for 2013/2014 and was vetted by Revenue Mobilisation Allocation And Fiscal Commission (RMAFC), Finance Ministry and EFCC.
“However, Kasmal has not presented any evidence of its own work to justify its claims. The 2013/2014 assessments are outside the 2016 CBN circular which Kasmal alluded to, but which the 2016 Appeal Court judgement has effectively nullified,” he added.
Conflicting dates on a purported NIPOST-Kasmal contract
It was disclosed that SBH presented some earlier judgements in favour of Kasmal as exhibits in Suit Ref. FHC/L/CS/1462/2013 against banks where it claimed to have a NIPOST contract ended October 2018.
But in Suit Ref. FHC/L/CS/1710/2013 against CBN, the same ended October 2015; and in new Suit Ref. FHC/ABJ/CS/335/2024, the dates then ended January 2020. But NIPOST denied any verifiable contract with Kasmal before the judgements.
Conflicting percentages on Kasmal commission in court
“The five per cent commission granted to Kasmal by Justice Aneke in two earlier judgements suddenly jumped to 15 per cent in the new judgement by Justice Ekwo.
Hence in May 2024, the Economic and Financial Crimes Commission (EFCC) summoned and disclosed to SBH that it is still tracking the claims of Kasmal since April 2016.
Kasmal obtained the settlement money by false pretenses
Finally, the N10.367 billion collected by Kasmal from the Accountant-General of the Federation (AGF) as “full and final” on its appeal loss was backed with a “written undertaking” to the AGF as to its commitment to SBH (by Copyright).
“This is a proof that the money was obtained under “false pretenses” and should now attract the attention of the EFCC for recovery and litigation, especially as SBH was unaware of such arrangement.
“However, Dr. Alex Izinyon (SAN), leading the Kasmal team has evaded answers to these exhibits, and hopes to bury all the crimes under some court technicalities,” the source disclosed.
