The Federal High Court sitting in Lagos has granted a stay of execution on its judgment nullifying the collection, remittance and hike of the Combined Expatriate and Residence Permit Aliens Card (CERPAC) fees from $1000 to $2000 in 2018.
The court had in a November 20, 2019 judgment delivered by Justice Rilwanu Aikawa declared as unconstitutional the contract between the Ministry of Interior, the Nigeria Immigration Service and Continental transfert technique Limited for the collection of the CERPAC fees, in a suit brought by Mr, Femi Falana, a Senior Advocate of Nigeria (SAN).
The Federal Government through the Minister of Interior, the Comptroller-General of Nigeria Immigration (NIS) and Contec jointly filed an appeal against the judgment in the suit No: FHC/L/CS/289/2019,in which the federal high court granted a stay of execution in their favour.
Counsel to third respondent Dr. Adewole Adebayo, in the appeal raised twelve grounds upon which he asked the Court to set aside the judgment by Justice Aikawa.
In granting the stay of execution via certified true copy dated March 3 and signed by the Court Registrar, J. S. Ogedengbe and the Principal Executive Officer of the Federal High Court, Mrs. O.Y Thomas, the court upheld the appeal filed by Dr. Adewole Adebayo of House of Law, Abuja, and thus in the main upheld the CERPAC fees hike of $2000 payable annually by expatriates resident in Nigeria.
Having read the affidavit in support of the motion, the written address of the counsel, and after listening to the appeal, the Court stated: “That an order is granted staying the execution of the judgment delivered by this Court on November 20, 2019 pending the respective appeals filed by the three applicants by the Court of Appeal.”
Adebayo, Counsel to Contec, had affirmed that: “It is a well known fact that the CERPAC PPP contract has gone through the Christopher Kolade Panel of 2000 which cancelled many contracts signed under the last Federal Military Government but approved and recommended the CERPAC agreement. The contract went before Federal Executive Council and got approvals.”
He added that since its implementation began, the CERPAC Contract has survived dozens of Senate and House of Representatives hearing, all re-validating the CERPAC agreement.
With the stay of execution granted, the increase in CERPAC fees subsists pending the final determination of the appeals.
