Tobi Aminu

Built sector in apprehension over proposed VAT rate

There are growing concerns by housing professionals on the possibility of fresh housing crisis in the country should the proposed Value Added Tax (VAT) by the federal government be implemented in 2020. Although government has stated that the process of increasing the VAT rate would involve extensive consultations with state governments and local government authorities, and others in the public and private sectors of Nigeria, experts apprehensive that the process could ultimately result in amendment of the VAT law to give legal backing to the new rate which would negatively impact the housing industry. Already, the sector is weighed down by exorbitant taxes that apply to real estate or property transactions in Nigeria and some of which include, the companies income tax and personal income tax, value added tax, capital gains tax, stamp duties tax and the state property taxes (Lagos State Land Use Charge Law and the Federal Capital Territory Property Tax, among others. Other problems that have hampered industry include, lack of secure access to land, high cost of construction, limited access to finance, bureaucratic procedures, high cost of land registration and titling, uncoordinated policies and implementation at Federal and State levels, ownership rights under the Land Use Act, lack of critical infrastructure, affordability gap, inefficient development control, youths harassment of developers, high cost of mortgages and inaccessibility to housing finance and others. The Federal Executive Council had approved a proposed increase of Value Added Tax from five per cent to 7.2 per cent. The proposed increase to the VAT rate has been previously considered by the federal government, with one of the reasons in support of a VAT rate increase being that Nigeriaโ€™s five per cent VAT rate is the lowest in Africa. But investigations shows that Ghana, a West Africa nation is abolishing and reducing VAT to shift focus from taxation to production while Nigeria is increasing VAT to fund minimum wage. Expounding on the issue, the Chairman, faculty of real estate consulting of the Nigerian Institution of Estate Surveyors and Valuers, Niyi Fadoju said, โ€œAlthough house rent is not subject to VAT but it would have effect on the industry because of two inputs; professional services and building materials used in construction sector.โ€ Fadoju explained that the policy would push up the cost of delivery of houses to about 2.5per cent while the professional services and building materials would be increased by 50 per cent and housing supply may be reduced. He observed that overtime, Nigeria has being contending with issue of multiplicity of taxes at the three levels of government, stating that the country has all along being a place for the survival of the fittest. โ€œWhat it would mean is that the group of those that are surviving in the built industry would reduced. The strong like what usually happen in a capitalist economy knows how to pass the taxes to the poor. Ultimately, it would affect the affordability of housing by the poor more than it would affect the rich,โ€ Fadoju said. In his submission, the immediate past national president of the Nigerian Institute of Building, (NIOB), Kenneth Nduka stated that one thing about VAT is that government would wish to collect it as tax to help them finance infrastructure and other projects, however, he said the truth of the matter is that the cost implication of VAT is transferred to the general public. Nduka further said in all ramifications, housing as a programme has to depend on building materials and these materials, VAT would be paid on their purchase and the services of professionals would also enjoy increase VAT. โ€œWhen implemented it thus, means that anyone who wants to build, cost of materials would have to increase by 7.5per cent and same for services of professionals in the housing industry. The financial burden is thus transferred on the investors. He stated that the federal government that there is big challenge in housing availability, stressing that if government must insist on VAT, they could give exemption to the built industry, especially housing materials because it would serve as a booster to those interested in delivery of houses to acknowledge that the government identify with their commitment to the industry. The former president of Association of Consulting Architects of Nigeria, (ACANigeria), Mr. Kitoyi Ibare-Akinsan explained that the increase is tied to real estate straight away because the sector pays VAT in both the construction, rent and purchase lamenting that the economies of real estate is bad already. โ€œEverything would go up. For architects who earn less in the sector, any fee we get, practitioners have to go and pay 7.2per cent VAT instead of 5per cent. An exemption for the sector by government would be a wise step to take by government to improve the real estate industryโ€. Given the fact that Value added tax supposed to be for luxurious goods, a past president of Nigerian Institute of Town planners, Luka Bulus Achi maintained that whatever percentage added to the existing VAT rate would automatically trigger an increase in the value/price of market property later.   Source: The Guardian

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Weโ€™ll not increase tax to improve IGR, Oyo State reassures entrepreneurs

Oyo State Government has reiterated its assurance to the people of the state that the administration will not increase tax on business enterprises to increase the Internally Generated Revenue (IGR) of the state. Executive Chairman, Oyo State Internal Revenue Service (OYSIRS), John Adeleke, who gave the reassurance in a chat with journalists in his office, said that Governor Seyi Makinde was applying sympathy and empathy in his dealings on the matter since the new administration came to office. He said that the government was working assiduously to capture other areas that have not been explored to generate more revenues to the coffers of the state, adding that a culture of efficient and leak-proof collection in all areas of revenue would be put in place. โ€œInstead of tax increment, we are emphasising efficient collection of existing revenue and we are bringing our informal sector into the tax net. Besides, we are reaching out to other geo-political zones in our tax campaign. โ€œThe good performance of Makinde has also changed the attitude of the stakeholders towards tax payment. Most of them are responding without any reminder. However, the economy is a big challenge for many companies as this has implication on Pay As You Earn (PAYE) remittances. Meanwhile, the state government has ordered illegal occupants of Agbowo Shopping Complex to vacate the place, as renovation of the complex would begin soon. The illegal occupants have been occupying the shopping complex without paying rent to the state government since 2012. The state Commissioner for Lands, Housing and Urban Development, Mr. Abiodun AbdulRaheem, who was on inspection tour of Oyo State Housing Corporation Estates in Ibadan metropolis, said that the state government would not condone usage of its property illegally. โ€œThe situation of things at Agbowo Shopping Complex is worrisome. What baffles me more is that the tenants at the shops who have now turned themselves to landlords going by their attitude maintained that the last time they paid their rent was in 2012 โ€œThis is not good at all and we are using this medium to inform them that renovation of the edifice will soon start and we have no choice than to eject them.โ€ In another development, the Oyo State government has said that the state has returned 34 per cent of its out-of-school children population to class and working towards mopping the rest of the population outside classroom back before the end of the year. The state Commissioner for Education, Science and Technology, Prof. Kehinde Sangodoyin, disclosed this at the weekend during the launching and dedication of projects embarked upon by Old Students of Ibadan City Academy, Ibadan. Sangodoyin said that the state would leave no stone unturned in its move to provide qualitative education without financial burden on parents and guardians.   Source: The Guardian

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Senate to Reject VAT Increase, Proposes 9% Communication Tax

Nigerians may have to pay 9 percent service tax for using communication service if the Communication Tax Bill before the Senate is passed by the two chambers and approved by President Muhammadu Buhari. The new Bill entitled โ€˜Communication Tax Bill, 2019 (SB.12)โ€™ was sponsored by Senator Ali Ndume, Chairman of the Senate Committee on Army. It passed the first reading at plenary Wednesday and will now go for a second reading before being referred to the appropriate committee for additional legislative action. According to Ali Ndume, the new communication tax is meant to replace the 2.2 percent increase in Value Added Tax being pushed by the ministry of finance. The proposed bill reads in part: โ€œThere shall be imposed, charged payable and collected a monthly Communication Service Tax to be levied on charges payable by a user of an Electronic Communication Service other than private Electronic Communication Services.โ€ It also stated that โ€œThe tax shall be levied on Electronic Communication Services supplied by Service Providers.โ€ โ€œFor the purpose of this clause, the supply of any form of recharges shall be considered as a charge for usage of Electronic Communication Service.โ€ According to the Bill, Tax shall be levied on Electronic Communication Services like Voice Calls; SMS; MMS; Data usage both from Telecommunication Services Providers and Internet Service as well as Pay per View TV Stations, If passed, โ€œThe tax shall be paid together with the Electronic Communication Service charge payable to the service provider by the consumer of the service.โ€ โ€œThe tax is due and payable on any supply of Electronic Communication Service within the time period specified under sub-clause (5) of whether or not the person making the supply is permitted or authorized provide Electronic Communication Services.โ€   Source: Investor King

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VAT to Aid Infrastructure Development, Social Amenities โ€“ Agba

Prince Clem Agba, the Minister of State for Budget and National Planning, has said the 50 percent increase in Value Added Tax (VAT) will aid infrastructure development across the country. The Federal Executive Council (FEC) had approved a 50 percent increase in VAT from 5 percent to 7.5 percent in September. The new rate expected to take effect in 2020 is still one of the lowest tax rates in the world, according to Prince Agba. Agba said: โ€œNigerians are not complaining about the recent decision to increase VAT and government is merely increasing VAT by 2 and a half percent to make it 7.5 percent and if you donโ€™t know Nigeria has the lowest VAT rate in the world, even in our West Africa coast, a lot of people talk about Ghana, that it has reduce their VAT recently and why are we increasing? Ghana has only reduced it tax from 15 to 12 while we are going from 5 to 7.5%.โ€ The Minister, who spoke at the 2019 Etsako Day celebration in Lagos at the weekend, advised Nigerians to start identifying natural resources within their regions and begin to draw attention to them for investment opportunities and job creation. โ€œI am a farmer myself but people still see agriculture as a thing that is local, that it is for local people but l tells you it is not. If we are self-sufficient in agriculture then we will be able to feed ourselves, that is where it all begins and if we canโ€™t feed ourselves, then we will have problem with our foreign exchange that we keep talking about, we will start to use what we have earned from other sources to bring in food which is not good. โ€œIf you go to the market and buy yam, potatoes, vegetable and others, you will not pay VAT but if you choose to go to Eko hotel and eat, you pay VAT because you can afford it.โ€ Agba, however, reiterated President Muhammadu Buhariโ€™s commitment to the Nigerian people and explained that the new VAT increase โ€œdoes not affect the common man because all the staple food, medication, education that has to do with the common man are VAT exempt.โ€   Source: Investor King

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Experts Kick as IMF Calls for Tax Increase

Nigeriaโ€™s experts kicked against the International Monetary Fund (IMF) call for a tax increase as a means to fund the countryโ€™s high cost of servicing debt. This was after the Debt Management Office (DMO) reported that Nigeriaโ€™s total debt rose by 5.11 percent or N1.3 trillion in the first half of 2019 to N25.701 trillion. The fund stated that debt increase will weigh on government spending due to an increase in the cost of servicing it, therefore, the Federal Government was advised to raise the tax rate to accommodate the difference. Experts, however, said Nigerians are already paying a lot despite current economic challenges, adding that it would be counterproductive to increase the financial responsibilities of the people at a period like this. Mr. Muda Yusuf, the Director-General of the Lagos Chamber of Commerce and Industry, said creating an enabling business environment for investors would boost economic productivity, not an additional tax burden. He said: โ€œMonetary policy is tight enough in my view. Calling for more tightening will be overkill. Lending rates are high and government borrowing continues to have a crowding out effect on the private sector. We need to push back on portfolio flows as the pillar for stabilising the forex market. I subscribe to the demand for the rationalisation of the multiple forex windows and rates.โ€ Dr. Sam Nzekwe, a former President, Association of National Accountants of Nigeria, said most Nigerian businesses were not paying taxes except workers, whose taxes were being deducted from their salary monthly. Nzekwe said, โ€œThey should be proactive, go to the people and widen the tax net, they should bring those who are not paying tax into the tax net.โ€ The Chief Executive Officer, Enterprise Stockbrokers, Mr Rotimi Fakayejo, said IMF advice wasnโ€™t a progressive as it would hurt economic productivity and profitability of companies. โ€œI donโ€™t think this will have an advantage because when you increase tax, you reduce consumption and when you reduce consumption, total productivity also come down. What we think we will get from an increment in tax will be lost from the total collectibles. At the end of the day, we are the loser for it,โ€ he said.   Source: Investor King

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FG To Introduce More Taxes, Expand Present Tax Base

The Federal Government is planning to introduce more taxes and expand the incumbent tax base. The Minister of Finance, Budget and National Planning, Mrs. Zainab Ahmed, disclosed this while speaking at the International Monetary Fund (IMF) and World Bankโ€™s annual meetings in Washington DC, United States of America (USA). According to Ahmed, this was the only way to boost the countryโ€™s tax to Gross Domestic Product ratio from the present 8 percent to 15 percent by the end of 2023. She noted that increasing the countryโ€™s revenue is a necessity and it will aid the countryโ€™s commitment to move away from relying solely on crude oil to generate revenue. In her speech, she stressed that Nigeriaโ€™s economy is too dependent on the oil and gas sector, which accounts for just about 10 percent of the GDP and represents 94 percent of export earnings and 62 percent of both federal and state governmentsโ€™ revenues between 2011 and 2015. The Minister stated that the countryโ€™s economic meltdown was rescued by the Economic Recovery and Growth Plan (ERGP), established by the federal government in 2017 to create an avenue for diversification of the economy. Since the birth of the ERGP, she said โ€œwe have recorded year on year improvement on both revenue outturns and revenue to GDP ratio. โ€œOur revenue outturn as at December 2018 stood at 55% while it was 58% as at June 2019. Our revenue to GDP ratio, on the other hand, is 8% as at end of June 2019 while it was 5% as at December 2017.โ€ โ€œThis time around, there are performance targets with consequences for non-performance including the members of the cabinet. For example, I have signed to deliver the 15% revenue to GDP in a performance contract and this will be cascaded down to Heads of revenue-generating entities to have them aligned to our mission of turning around revenues.โ€ She highlighted that there have been a continuous growth in the economy, which resulted in nine consecutive quarters of GDP increase, with the annual growth rising from 0.82 percent in 2017 to 1.93 percent in 2018, and 2.02 percent in the first half of 2019. This, she attributed to โ€œour economyโ€™s resilience and gives credence to the effectiveness of our economic policies thus far.โ€ โ€œWe also succeeded in significantly reducing inflation from a peak of 18.72 percent in January 2017, to 11.02% by August 2019. This was achieved through effective fiscal and monetary policy coordination, exchange rate stability and sensible management of our foreign exchange. โ€œWe have sustained accretion to our external reserves, which have risen from $23 billion in October 2016 to about $42.5 billion by August 2019,โ€ she added.   Source: Investor King

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Soft-Drink Tax: Experts Predict Hyperinflation, Job Loss

Following the plans by the Federal Government to impose Value Added Tax (VAT) on carbonated drinks, soft drinks and other important products, Financial experts have warned that it will not only have an effect on the company but will lead to loss of jobs in the country. Recall that the Minister of Finance, Budget and National Planning, Zainab Ahmed while in Washington DC, USA, for the 2019 Annual Meetings of the International Monetary Fund and World Bank, said plans are underway to increase the countryโ€™s revenue by introducing excise duties on certain items. โ€œWe are also looking at introducing excise duties on some categories of products especially carbonated drinks and VAT on some categories of imports into the country. But it is not all taxes increases, there is also a proposal to build tax rates for SMEs we also increase the minimum tax level to make it easy for people to plan their taxes,โ€ Ahmed had said. Reacting to the move, The Nigeria Employers Consultative Association (NECA), Lagos Chamber of Commerce and Industry (LCCI), Manufacturers Association of Nigeria (MAN) and others in separate statements expressed worries on the effect, saying many shops will close, Nigerians will lose their jobs and the inflation rates will also rise. NECAโ€™s Director-General, Timothy Olawale, said adding another tax to the existing ones will only ruin businesses. โ€œIn our considered opinion, reintroduction of excise tax on non-alcoholic beverages should not be the case. With the myriad of taxes and levies already being paid by businesses, the reintroduction of excise in a sector with high price elasticity means that government is desirous of killing businesses in the sector completely. He explained that โ€œonce prices are increased, consumers will push back, resulting in sharp decline in demand. With the planned increase in VAT, the introduction of excise will further burden operators in the sector with the following consequences: low demand leading to unsold products; incomes squeeze on businesses that are already struggling with low margin and massive staff layoff, which will affect over 250,000 direct and indirect employees in the sector among others.โ€ On his part, the Director-General of the LCCI, Mr Muda Yusuf opined that โ€œany imposition of tax on carbonated drinks will definitely affect the demand for such products. Such imposition of tax would be another tax apart from the excise tax already paid by the manufacturers of such products. โ€œUltimately, the demand for such products might drop due to the attendant increase in price that might occur. Those who could buy would buy at a higher price.โ€ Also, former President, Association of National Accountants of Nigeria (ANAN), Dr Sam Nzekwe noted that if the FGโ€™s plan is implemented, there will be higher inflation rates. โ€œIf this plan of government to tax soft drinks is implemented, then we should be ready for higher rates of inflation. Already, we have high inflation,โ€ he stated. He added that โ€œthe taxes from the federal and state governments are becoming too many that you donโ€™t know where to place them. Coming up with a new tax regime on soft drinks, I donโ€™t think that is what will solve the funding challenges confronting the budget.โ€ The Chairman, Food, Beverage and Tobacco subsector of the Manufacturers Association of Nigeria (MAN), Mr Paul Gbededo said, โ€œimposing tax on soft drinks will impact the poor and the masses. Soft drink is what the poor drink to get energy. If government is looking for additional revenue from taxation, the masses will support taxation of luxury items. โ€œI am aware that it is fashionable to control sugar intake because of health reasons, but we are not there yet. The poor need the sugar because that is where they derive their energy from. If the government is worried about sweetener intake among Nigerians, they can express this through education, telling people the disadvantages of consuming such substance.โ€ โ€œThe cost of doing business in Nigeria is already high; it (excise duty) will further increase the cost. That is why I think it has to be very marginal in order not to discourage new investors who want to come into the industry or make existing investors move to other countries,โ€ A former Director-General, West African Institute of Financial and Economic Management, Prof Akpan Ekpo stated. Dr Bongo Adi, An economist and Senior Lecturer, Lagos Business School, admitted that โ€œthe government is trying to ramp up tax revenue; the truth of the matter is that tax is low in Nigeria. But I donโ€™t know why they need to discourage the consumption of soft drinks. โ€œIf you impose excise duty on a commodity that is price-sensitive, the demand will immediately drop as consumers will find alternatives.โ€ โ€œI think the way to raise tax is first by growing the economy. I have always maintained that this issue of tax is coming at a very wrong time. Our post-recession GDP is less than two per cent, and we are taking measures that will further endanger the growth of the economy,โ€ he added.   Source: Investor King

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Corporate tax cuts wonโ€™t spur capex cycle immediately

The mathematical theory of transitivity states that, if A is equal to B and B equal to C, then A is equal to C. Given the latest cuts in corporate taxes, one would hope that this theory was as simply applicable to Indiaโ€™s languishing capital expenditure cycle: that, by reducing corporate taxes, demand increases, capacity utilization improves and consequently, private capex revives. Of course, a tax cut is always welcome as it will add to companiesโ€™ kitties. But that doesnโ€™t mean companies will immediately channelize the extra profits towards capex. Many analysts expect them to use this money to improve their balance sheet and net worth. The biggest impediment to a revival in capex cycle is suboptimal capacity utilization levels across industries. โ€œManufacturing capacity utilization of around 80% at a composite level is needed to provide comfort for companies to commit fresh capex and build additional capacity,” says M.S. Unnikrishnan, managing director and chief executive of Thermax Ltd.Latest data from the Reserve Bank of Indiaโ€™s Obicus (order books, inventories, capacity utilization) survey shows capacity utilization was 76.1% in the fourth quarter of FY19. Industry experts reckon it could have fallen in the subsequent quarter. Unnikrishnan adds that about 70% utilization in large ticket-size sectors (core) such as power, steel, cement and fertilizer are uninspiring for fresh capex to be undertaken. Meanwhile, light engineering industries such as automobiles tell a woeful tale of tumbling sales, rising inventory and production shutdowns. Even if companies choose to expand, revival in big-ticket capex could take time, given challenges in global commodity cycle, demand-supply scenario, land acquisition issues and securing clearances.Delayed payments by the government to vendors was one more logjam in the capex cycle. To its credit, the government has vowed to expedite payments to those it owes money. โ€œMy intention is to clear pending dues to goods and service providers with any of the ministries. No non-litigating dues should be kept pending,” finance minister Nirmala Sitharaman said on Friday. Once government dues are cleared, they will add to the savings of lower tax rate. Another plus of the tax cut is that it puts India on a par with its neighbouring regions. That would offer a big advantage in attracting business. Of course, Asian countries such as Vietnam and Thailand have already taken advantage of deteriorating US-China trade relations. They now charge only 10% corporate tax for units relocating from China, Taiwan and neighbouring regions. Suveer Chainani, chief executive of institutional clients group at Emkay Global Financial Services, said โ€œthe tax delta (the foreign direct investment, or FDI, deterrent) was 35-10=25%. Now, the tax delta is reduced to 15-10=5%”. This should help attract FDI in manufacturing, especially now when Asian supply chains are getting reconfigured. The Boston Consulting Groupโ€™s Manufacturing Cost- Competitiveness Index (2017) shows India on a par with some of the emerging markets. This, despite an increase in manufacturing costs such as labour and land costs in the recent past. K.V.S. Manian, president of corporate, institutional and investment banking at Kotak Mahindra Bank Ltd, said that although the government step was a โ€œbold move, tax cuts alone cannot dramatically change the investment climate”. โ€œThe government must carry on with reform in facilitating quick approvals to start a business, labour and land reforms,” he said. In a nutshell, the capex cycle will turn, but how fast is anybodyโ€™s guess. Ranen Banerjee, leader-public finance and economics at PwC India, explains that it will start with a boost in sentiment from FMCG and white goods firms. Given the push for the infrastructure sector from the government, steel and cement could see improvements. No doubt, tax cuts are the first nudge to make companies invest and put up factories. The government is also doing its bit to reduce capex risk aversion. But what remains is the conviction among companies to reignite the capex cycle.   Source: Livemit

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Nigerian Army, BIRS Remove Illegal Tax Points In SANKERA

Benue Internal Revenue Service (BIRS), in collaboration with the operatives of the Operation Whirlstroke operating in SANKERA axis of Benue State have cleared all routes in the federal constituency of illegal check points. The operation which also had the leadership of the amalgamated traders union as part of the team, saw to the sanitation of all roads which hitherto was saturated with illegal tax points operated by hoodlums and extortionists. The team took their sanitation drive from Katsina Ala through Unum to Logo local government ensuring all checking and tax points in that area were taken off the roads to ensure free passage of traders and commodities without illegal levies. Meanwhile the Executive Chairman BIRS, Mr. Andrew Ayabam has resounded is resolve to ensure that the state is free of illegal tax points According to him the removal of illegal tax points and activities was the only way business and agriculture will strive in the state.   Source: Greenbox

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ASUU rejects introduction of new tax regime in Ekiti varsity

The Academic Staff Union of Universities (ASUU) has rejected the decision of the management of Ekiti State University (EKSU) Ado-Ekiti to introduce a new tax regime to be paid by staff. Addressing newsmen on Friday in Ado-Ekiti, the ASUU-EKSU chairman, Dr Kayode Arogundade said members of the union had been subjected to poor treatment with non-payment of their nine months salaries, adding that the new tax regime must be aborted. He described the introduction of the tax regime as an act of insensitivity, noting that if the university must continue to enjoy relative peace their yearnings must be adequately addressed. The ASUU chairperson revealed that what their members pay as the tax was too high compared to other universities, urging management to device other means if they desired to raise revenue. He threatened that the lecturers would no longer cooperate with the management and the state government if they failed to place more priority on their welfare. Dr Arogundade said, โ€ We are obliged to reiterate that, if the university must continue to enjoy the relative peace presently prevailing then, the outrageous and obnoxious tax regime being planned for implementation should be aborted outrightly. โ€ We do not understand the logic of Government or EKSU administration and its attempt to commence on implementation of a prohibitive tax regime, even when they are still owing us various sums of money including salaries and allowances, Excess workload and Earned Academic allowances and four months statutory governmentโ€™s subventions to the university. โ€ With these developments, let it be known that we are prepared to go all length at protecting the interests and welfare of our members. However, all our members have been put on red alert for a possible action if the university administration continues to exhibit its cruelty and nonchalant behaviour towards our welfare. โ€œIt surprises us that the university is owing nine months salary when we are being owed four months subvention. We found out that it was because the wage bill has increased to N502 million when the subvention isย  N260m. The shortfall comes from our IGR, which will be difficult for the university to meet monthly.โ€ Meanwhile, the authorities of the university have suspended the controversial tax policy and presentation of primary six certificates imposed on the staff of the institution. The decision was reached after the management of the institution under the leadership of the Vice-Chancellor, Professor Edward Olanipekun met with the Non-Academic Staff Union of Educational and Associated Institutions (NASU) of the University In a statement, the Head, Directorate of Information & Corporate Affairs of the institution,ย  Bode Olofinmuagun said the management would further deliberate and meet with concern stakeholders so as to resolve the matter.   Source: Nigeria Headline

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