States attorneys-general fault e-money transfer levy disbursement

The Body of Attorneys General of the States of the Federation has disapproved of the Federal Government’s incorrect distribution of funds derived from the Electronic Money Transfer Levy to the federal, state and local governments.

BOAGS stated that the action of FG is in disregard of Constitutional and statutory provisions that neither Section 163 of the 1999 Constitution nor Section 89A of the Stamp Duties Act (SDA –introduced through Section 48 of the Finance Act 2020) countenance the disbursement of the EMT Levy to the Local Governments.

This was part of a communique issued and signed on behalf of members by the Chairman of the Body, Mr Moyosore Onigbanjo (SAN), Attorney General and Commissioner for Justice, Lagos State as well as the Secretary, Dr Abdulkarim Kana, Attorney General, Nasarawa State,  from its second meeting held in Asaba, Delta State from 30th November to 2nd December 2022.

According to the communique, SDA provides a sharing formula for the revenue derived from the EMT levy, with 15 per cent of the revenue allocated to the Federal Government and Federal Capital Territory and the remaining 85 per cent allocated to the state governments. Therefore, the body insists that each Federating State must receive 85 per cent of the levy derived from that state as the law provides.

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“While we commend the financial sustenance of local governments, we counsel against the disregard of Constitutional and statutory provisions. Neither section 163 of the 1999 Constitution nor section 89A of the Stamp Duties Act (SDA –introduced through section 48 of the Finance Act 2020), countenance the disbursement of the EMT Levy to the local governments,” it said.

The body further noted the absence of pools, betting, lotteries, gaming, and casinos in the exclusive and concurrent legislative lists while stating that these items are residual matters reserved exclusively for the states, outside the National Assembly’s legislative competence.