This appeal is against the judgment of the Court of Appeal, Lagos Division delivered on 13th July 2007 affirming the judgment of the Federal High Court sitting in Lagos delivered on 20th December 2004 ordering the remittance of money collected as tax by the 1st respondent on its sales to its consumers to be paid to the 2nd respondent, the Federal Board of Inland Revenue.

The suit before the trial court was in the nature of interpleader proceedings. By an Originating Summons filed on the 5th day of March, 2004 the 1st respondent sought a determination by the trial court as to whether remittance of money collected as tax by it from its consumers should be paid to the Federal Board of Inland Revenue (FBIR) or to the Lagos State Government having regard to the provisions of Sections 1, 2, 10, 11, 12, 13, 14, 15 and 16 of the Value Added Tax (VAT) Decree No.102 of 1993 and Sections 1, 2, 3, 4, 5 and 6 of the Sales Tax Law Cap. 175 and Sales Tax (Schedule Amendment) Order 2000. It sought the following reliefs:

At the hearing of the appeal, S.A. QUADRI ESQ., Director Civil Litigation, Lagos State Ministry of Justice, leading Mrs. E.R. Agu, Chief State Counsel, adopted and relied on the appellant's brief which was deemed filed on 13/7/2009 in urging the court to allow the appeal. M.N.O. OLOPADE ESQ., leading IBIYE TYROLL THOMPSON ESQ. adopted and relied on the 1st respondent's brief deemed filed on 24/2/2010 in urging the court to dismiss the appeal. Similarly, MRS. B.H. ONIYANGI appearing with IBRAHIM ABDULLAH ESQ. adopted and relied on the 2nd respondent's brief deemed filed on 7/7/2010 in urging the court to dismiss the appeal.