Counsel urged the court to dismiss th e prel imi nary
objection .
In the case of Udebunu vs. State (2016) LPELR-
40959 (CA), the Court of Appea l held that obj ection to
a charge can be raised of ground of lack of jurisdiction. I
would like to note from the onset that the Taxes and
Levies (Approved List for Collection) Act did not in any of
its provisions confer jurisdiction on any specific court to
try offences committed under the Act. The Act sets out
the type of taxes and levies each tier of Government is
to collect : see the Schedule to the Act . There is no
evide nce before the cotJrt from which it could be deduced
the type of tax the defendants were collecting when they
were arrested.
The court has been referred to the provisions of
sectio n 251 of the Constitution and section 2 of the Taxes
and Levies (Approved List for Coll ection) Act . It will be
apt to loo k at those provisions -
The Constitution
"251(1) Notwithstanding anything to the contrary
in this constitution and in addition to such other
j urisd ict ion as may be conferred upon it by an Act