
In a landmark judgment delivered on 19 June 2026, the Supreme Court of Nigeria dismissed the appeal filed by Best Children International School Limited against the Federal Inland Revenue Service (FIRS), upholding the concurrent findings of the Federal High Court and the Court of Appeal. The apex court, in Suit No: SC.38/2019, definitively resolved the question of whether private educational institutions operating as companies limited by shares are entitled to tax exemption under Section 23(1)(c) of the Companies Income Tax Act (CITA), Cap. C21, Laws of the Federation of Nigeria, 2004.
The Supreme Court's Decision
Delivering the lead judgment, Hon. Justice Moore Aseimo Abraham Adumein, JSC, with the concurrence of Justices Mohammed Lawal Garba, Tijiani Abubakar, Haruna Simon Tsammani, and Habeeb Adewale Olumuyiwa Abiru, dismissed the appeal for lacking merit. The Court adopted a sole issue for determination: "Whether or not the appellant is exempt from payment of corporate tax by virtue of Section 23(1)(c) of the Companies Income Tax Act.
Practical Implications for Private Educational Institutions
This judgment establishes the following principles with significant implications for the education sector and tax administration in Nigeria:
1. Private schools operating as companies limited by shares are not automatically exempt from Company Income Tax. The mere provision of educational services does not confer exemption unless the institution can prove that it is of a "public character" and that its profits are not derived from a trade or business.
2. The burden of proof rests on the claimant. Any company seeking to rely on tax exemption provisions must present credible evidence to establish its qualification, including the nature of its
incorporation, its profit distribution policies, and the public character of its activities.
3. Companies limited by guarantee, rather than by shares, are better positioned to claim the exemption, provided they can demonstrate that they are non-profit entities and that their activities are genuinely of a public character.
4. The decision reinforces FIRS's enforcement powers and serves as a warning to profit driven entities attempting to shelter under statutory exemptions intended for charitable, ecclesiastical, and genuinely non-profit public institutions.
Supreme Court Affirms Taxability of Private Schools
This decision aligns with the broader judicial trend of strictly interpreting tax exemption provisions and reinforces the constitutional imperative for all profit-making entities to contribute their fair share to the national treasury.