A Chalice of Poison Before Udom Emmanuel - Sirealsilver

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A Chalice of Poison Before Udom Emmanuel

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Abasifreke Effiong

Social media campaigns against the Real Property Charge Bill are frosting because of concomitant pro-property charge campaigns championed by paid campaigners.


Speaker of the Akwa Ibom State House of Assembly, Barr. Onofiok Luke says "tax on residential properties under the Bill will be done in a way that will not stiffle the people".

Pro-property charge campaigners are saying that the Real Property Charge Bill which seeks to impose land based charge on land, houses and any development on land, water in the State is "pro-poor".

The Real Property Charge Bill is facing a legal hurdle which strictly limits the number of properties that will be taxed under the legislation. 

But the Akwa Ibom State Government is particularly interested in getting the Bill passed with very bogus powers to bring every property owner in the State under the new tax net.

Section 2 (1) of the Bill stipulates that, "The charge shall be payable on ALL property, except- property owned and occupied by a religious body and used exclusively for public worships or religious education; cemeteries and burial grounds; registered institution and educational institute certified by the commissioner for finance, and property specifically exempted by the governor of the State by notice published in the State government official gazette".

A few persons working for government though, made wonderful contributions to tighthen up the Bill during a public held Friday last week at the House of Assembly.

One of the submissions at the public hearing shocked sponsors of the Bill. Akwa Ibom State chairman, Nigerian Institute of Estate Surveyors and Valuers, Estate Surveyor U. U. Egerton, citing the Land Use Act section 10, said the joy of the Property Charge Bill seeking to charge ALL property was an aberration to the constitution.

Egerton said by the provision of that section, the governor only has the power to impose rent on properties with Certificate of Occupancy.

"The Land Use Act, which is of course a part of the constitution, places ground rent only on properties that are with Certficate of Occupancy", he said.

Section 10 (a) and (b) of the Land Use Act states inter alia: "Every certificate of occupancy shall be deemed to contain provisions to the following effect:- (a) that the holder binds himself to pay to the Governor the amount found to be payable in respect of any unexhausted improvements existing on the land at the date of his entering into occupation;(b) that the holder binds himself to pay to the Governor the rent fixed by the Governor and any rent which may be agreed or fixed on revision in accordance with the provisions of section 16 this Act"

"Now, are we going to say a different thing without amending the constitution? The formula [of the Real Property Charge Bill] is arbitrary and very very unprofessional", Egerton added.

Will the House Assembly effect this amendment? Will it ignore this constitutional provisio just to bring all property under this tax net?

Egerton's submission, from the deafening cheers it illicited from the audience during the public hearing will be a huge setback for the Bill. 

Some persons who believe they will have a covering from this lacuna to evade the tax will by all sufficient grace avoid C of O.

Lead sponsor and financiers of the Bill are seriously lobbying to get the Bill passed. The executive has much interest in the gains the Bill will afford them and the State. 

This will not go without a price! The Governor will pay a price "for wanting to take over people's houses" as one commentator reacted comically on Facebook.

Also at the public hearing, the State Surveyor General, Surveyor Emem Isang pointed to the transfer of consitutional powers and responsibilities vested in the office of the Surveyor General to persons the Bill calls "identification officers". She said that was an aberration.

Isang said, "According to the proposed Bill, section 2 (3), items a, b, and c mention 'Survey', 'Identification officer', and 'Geocordinates' respectively and further mention parcel of land in square metres. 

All these are an attempt to define the Surveyor, his indispensable duty, method of survey and immediate need for survey. 

The office of the Surveyor General is a major stakeholder in accessing the worth of land and property thereof, so it should be included in assessing land".

"According to Cap. 425 of the Laws of the Federation of Nigeria (Survey Coordination Act) and laws of Akwa Ibom State, all measurements of land, its extent, and content in the State must be coordinated by the Surveyor General.
 
This means that any measurement on land in the State should be carried out by the Surveyor General of the State or somebody so dedicated by the Survey General and must be a registered surveyor", she added.

Government is poised to shut-out civil servants in the line of implementation of the proposed property charge.
 
"We can't leave this to civil servants. It won't work. We are look at getting a consultant to do the job once we are done with the Bill", Leader of the House, Sir Udo Kierian said while reacting to the submissions by the State Surveyor General.

Will the quest to increase IGR accounts for a fortiori to cause the House of Assembly to usurp the constitutional powers vested in the Office of the State Surveyor General? Can "money be the root of all evil" as the aphorism says? This is a poser for the House of Assembly!

WHAT PARTICIPANTS AT THE PUBLIC HEARING SAID?

Participants at the public hearing made submissions on the following areas:

a) PROPERTY LIABLE TO CHARGE (Section 1) It was suggested that:
 
i. Charge be collected on property in designated Urban centres.
 
ii. Telecommunication masts, oil pipelines, quarries, drilling sites should be included among taxable properties

b) EXEMPTION ON PROPERTY LIABLE TO CHARGE (section 2 (1)) Submissions were made to exempt:
 
i. A house owned by a pensioner, provided it is not leased
 
ii. Hospitals and clinics of charitable nature; public schools and buildings including teachers' quarters within the premises; traditional shrines, deities and community halls.
 
iii. A minister's house within a church premises

c) POWERS OF THE COMMISSIONER (Section 3-5)
 
i. That powers vested in the commissioner in the Bill was too much for one person
 
ii. That these powers be devolved to at least three persons, so that in event of conflict, the decision of majority can be sought.

d) i.That the titles, "Identification Officers" and "Assessors" be replaced with Registered Estate Surveyors and Valuers.
 
ii. That the Office of the State Surveyor General be given a role in the proposed law
 
iii. Formula for taxation should clearly show tenement rate, development levy and ground rent.
 
iv. A digitised map of the State and LGAs showing different land uses.

e) SHARING OF THE TAX
 
i. It should be shared at the end of every month.

f) EVALUATION OF PROPERTY
 
i. Best valuation or estimated billing should not be used
 
ii. There should be a definite period (5 years) before re-valuation of property

g) DEFAULT IN PAYMENT OF CHARGE (Section 11)
 
Submissions were that penalty regime in the Bill was very harsh. Suggestions were:
 
i. Defaulters be allowed three months grace period, a second three months grace and a third with a 5 per cent fine (which is in line with rate approved in the Land Use Act.
 
ii. If by September any property owner fails to pay the charge, then s/he be arraigned before a revenue court.

h) RECEIVERSHIP (Section 11 (2)) Receivership as an option for taking over property of defaulters should be discarded because of the legal intricacies involved. Suggestions were:
 
i. Establishment of Revenue Court
ii. Defaulters be arraigned before a Revenue Court

FACTS ABOUT THE BILL THAT SHOULD BOTHER THE GOVERNOR

One, the State Chairman, Nigerian Institute of Estate Surveyors and Valuers, U. U. Egerton, emphasised that "we cannot tax all property on one fell swoop, because some of the roads in the villages are very bad and if you send your men there for taxation, they may not come back". Your Excellency, I'm afraid this is a truism. Your designated agent, Romflex will lose some men.

Two, since there is a known and designated agent, Romflex Nigeria Limited, who is alleged to have spent well above N20million to get the Bill passed; administration of the tax regime will stiffle the poor. He will want to recoup his investment whichever way is available.

Three, the Real Property Charge regime will lead to increase in house rent. Hence, tenants in rented houses will bear the bigger brunt.

Four, all the pro-property charge campaigners say the Bill is "apt and timely". If the Bill is timely, it is so because it will put more monies in their pockets and that of the State now oil prices are falling. If this Bill is anything, it is most untimely. 

If the Bill is signed into law by the end of this year, its implementation will commence next year, about 12 months into the second term campaigns, and 14 months into the elections. 

Considering public outcry against this Bill and the attitude of our people toward taxation, the Real Property Charge Bill is a chalice of poison before Governor Udom Emmanuel.
A Chalice of Poison Before Udom Emmanuel Reviewed by sirealsilver on June 20, 2017 Rating: 5 Abasifreke Effiong Social media campaigns against the Real Property Charge Bill are frosting ...

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