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Nigeria’s Unique Tripartite Distribution System Under the Acts Authentication Act and its Role in Resolving Alleged Post-Passage Alternations in the 2025 Tax Reform Legislation  

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By Agabaidu Chukwuemeka Jideani

I was once again invited by some colleagues and PhD Scholars of Legislative Studies and members of the Nigerian Association of Legislative Practice Professionals, to proffer a view on the directives to the Clerk of the National Assembly to re-publish the authenticated copy of the ‘Tax Reform Legislation.’

A sound starting point for delving into the above is to pronounce, because it is unknown to many including scholars, that Nigeria has a, unique one-of its-kind in the world, tripartite distribution system for the authentication and publication of federal legislation.

The Acts Authentication Act[1] institutes a singular tripartite distribution mechanism for the authentication of federal legislation. Section 2 of the Act, mandates that, upon presidential assent, the Clerk to the National Assembly shall authenticate the enacted text and distribute identical authenticated copies in three directions as follows: one retained in the permanent records of the National Assembly, one delivered to the President, and one transmitted to the Chief Justice of Nigeria for formal enrollment in the records of the Supreme Court.

When this tripartite distribution is done, all subsequent reproductions, including those published in the Official Gazette of the Federation, must be printed directly from this authenticated master form.

This deliberate dispersal of authoritative copies across the three arms of government, legislature, executive, and judiciary, creates multiple independent institutional custodians of the definitive enacted text, thereby providing built-in verificatory safeguards against unilateral post-passage alterations while preserving a clear evidentiary hierarchy for determining textual fidelity.

This Nigerian mechanism is markedly distinct from authentication and enrollment practices in other common law jurisdictions, where finality typically attaches to a single enrolled or certified document, often protected by strong conclusive presumptions that limit or preclude judicial inquiry into textual integrity post-authentication.

In the United States of America, the authentication process culminates in the enrollment of the bill after signature by the Speaker of the House, the President of the Senate/Vice president, and the US President. The enrolled bill doctrine, firmly established by the US Supreme Court in the case of Marshall Field & Co. v. Clark[2], holds that a properly enrolled and authenticated bill is “conclusive evidence of its due enactment” and cannot be impeached by recourse to legislative journals or extrinsic evidence of irregularities in passage or textual discrepancies. This doctrine was reaffirmed in subsequent cases such as United States v. Ballin[3], and has been consistently applied to insulate enrolled statutes from challenges based on alleged deviations between passed and enrolled texts. While scholarly criticism has occasionally highlighted the doctrine’s potential to shield fraud, successful judicial overrides remain exceptionally rare, with courts prioritising inter-branch comity over exhaustive textual verification.

The United Kingdom, on the other hand, centres authentication on enrollment in the Parliamentary Roll following royal assent. Grounded in parliamentary sovereignty and fortified by Article 9 of the Bill of Rights 1689, the enrolled Act rule renders the text unimpeachable once recorded[4]. Courts are barred from examining internal proceedings or textual irregularities post-enrollment[5].

In other common law jurisdictions, like Canada, Australia, India, South Africa, Singapore, Kenya, and Ghana, they follow analogous unitary authentication models, in these jurisdictions, assent by the head of state, certification by legislative officers, and publication in an official gazette, without statutory provision for distributed inter-branch custody is the prescribed procedure and the practice. Finality attaches to the assented and certified document, with courts generally applying presumptions of regularity akin to or directly influenced by the enrolled bill doctrine.

Nigeria’s tripartite system thus stands alone among major common law systems in mandating distributed custody of identical authoritative copies across separate branches, deliberately facilitating independent cross-verification and enhancing resistance to undetected post-passage tampering.

This structural uniqueness has direct practical significance in addressing the alleged post-passage alterations to the 2025 tax reform statutes, the Nigeria Tax Act 2025, Nigeria Tax Administration Act 2025, Nigeria Revenue Service (Establishment) Act 2025, and Joint Revenue Board of Nigeria (Establishment) Act 2025.

Material discrepancies reportedly emerged between the harmonised texts passed by both chambers of the National Assembly, the versions transmitted for presidential assent in June 2025, and the initially gazetted publications, raising concerns over unauthorised insertions, omissions, or substitutions.

The leadership of the National Assembly, on the 26th of December 2026 issued a formal directive instructing the Clerk to the National Assembly to:

a) Re-gazette the four Acts; and

b) Issue Certified True Copies.

The Spokesperson of the House of Representatives of the national Assembly of the Federal Republic of Nigeria, Hon. Akin Rotimi in a statement issued Friday 26th of December 2025 confirmed that there was a review in respect of the alleged discrepancies between the gazetted copy of the Tax Reform Legislation and the harmonized version of the Bills passed by the National Assembly. According to him, “the review is being conducted in full conformity with the Constitution of the Federal Republic of Nigeria, the Acts Authentication Act, Cap. A4, Laws of the Federation of Nigeria, the Standing Orders of both Chambers, and established parliamentary practice…” Consequently, “…the leadership of the National Assembly, under the President of the Senate, Distinguished Senator Godswill Obot Akpabio, GCON, and the Speaker of the House of Representatives, Rt. Hon. Abbas Tajudeen, PhD, GCON, has directed the Clerk to the National Assembly to re-gazette the Acts and issue Certified True Copies of the versions duly passed by both Chambers of the National Assembly…”[6] (the italics are mine).

In its distilled state, the National Assembly directed the Clerk to re-gazette the four Acts using the authenticated tripartite master copies; and issue Certified True Copies (CTCs) drawn exclusively from the versions “duly passed by both Chambers and authenticated in accordance with the Acts Authentication Act.”

This directive squarely invokes the tripartite mechanism to restore textual fidelity. By mandating re-publication from the authenticated forms held by the Clerk, the Presidency, and the Supreme Court, it establishes an administratively authoritative baseline that overrides divergent gazetted versions. The issuance of CTCs further provides verifiable evidentiary instruments for courts, administrative agencies, and the public, ensuring enforcement aligns with legislative intent.

Despite divergent views, it is my considered opinion that the directive is legally sound. It flows directly from the Clerk’s statutory duties under the Acts Authentication Act to maintain and reproduce from the authenticated record, read alongside the National Assembly’s constitutional oversight of its legislative process (Sections 4, 58, and inherent legislative privileges). As a corrective measure limited to publication conformity, without purporting to amend the assented substance, it constitutes a lawful administrative act rather than an encroachment on executive or judicial functions.

The above being premised, it is important to note that in contradistinction to the conclusive enrollment doctrines prevalent in other common law jurisdictions and the US, the Nigerian Tripartite Distribution System (TDS) enables additional remedies as follows:

a) Evidentiary recourse in litigation: Courts may compel production and comparison of the three authenticated copies, potentially invalidating ultra vires provisions without violating separation of powers or inquiring into the internal legislative procedure, unlike the near-absolute bar in the cited cases of Field v. Clark or Pickin;

b) Legislative re-enactment: Introduction of fresh bills to cure substantive defects, preserving exclusive legislative competence under Section 4; and

c) Institutional or independent inquiry: Utilisation of the dispersed copies in Legislative, Executive or Judicial probes to independently establish accountability.

I am not unmindful of the growing calls to isolate and ascertain the criminal liabilities of the alleged perpetrators of the said post-passage insertions, but as they say in my grandmother’s village of Nteje Abogu, “Nne Ji Ya Iche” loosely translated to mean that “it has a different, albeit, maternal relationship” to the present discussion. Criminal liability, though important, is not the focus of this discourse.

In conclusion, Nigeria’s tripartite distribution system represents a deliberate statutory innovation that disperses authoritative custody across branches, distinguishing it sharply from the unitary, conclusively presumed models in the United States, United Kingdom, Canada, Australia, India, South Africa, Singapore, Kenya, and Ghana. By mandating distributed custody rather than unitary conclusiveness, the tripartite system established a balancing act which permits targeted verification to safeguard against tampering or error, while still promoting certainty.

It thus innovates on common law traditions, offering enhanced transparency and inter-branch checks suited to Nigeria’s constitutional framework, without embracing the full insulation of the enrolled bill doctrine. This mechanism uniquely positions Nigeria to address textual infirmities institutionally and, if necessary, judicially, preserving legislative independence and Constitutional supremacy while upholding rule-of-law accountability.

In the ongoing 2025 tax reform controversy, I am of the view that it has enabled a swift, lawful administrative remedy through re-gazetting and CTC issuance while preserving robust avenues for deeper rectification, demonstrating its enduring value in safeguarding legislative integrity and constitutional fidelity.

Agabaidu Chukwuemeka Jideani, a Legislative Practice and Procedure Expert (amongst others) serve as the Director General of the Abuja Chamber of Commerce and Industry.

[1] Cap. A2, Laws of the Federation of Nigeria 2004.

[2] Marshall Field & Co. v. Clark, 143 U.S. 649 (1892)

[3] United States v. Ballin, 144 U.S. 1 (1892)

[4] Edinburgh & Dalkeith Railway Co. v. Wauchope (1842) 8 Cl & F 710.

[5] British Railways Board v. Pickin [1974] AC 765, HL

[6] https://www.thecable.ng/breaking-national-assembly-to-re-gazette-tax-laws-over-alleged-alteration/; https://www.thisdaylive.com/2025/12/26/nassembly-directs-clerk-to-re-gazette-tax-law/

 

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FG, NIMET, IFAD, SAPZ launch CSAPR to strengthen climate resistance, improve agric productivity

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Photo caption: NiMet DG Anosike speaking at the event.

 

The Nigrrian government has officially launched the Climate-Smart Agribusiness Partnership for Resilience (CSAPR) Project to strengthen climate resilience, improve agricultural productivity, and promote the use of Climate Information Services (CIS) across Nigeria’s agricultural value chains.

The project was launched by the government, in collaboration with Nigerian Meteorogical Agency (NiMet), International Fund for Agricultural Development (IFAD) and the Special Agro-Industrial Processing Zones (SAPZ) Programme.

Speaking at the launch held on Friday, 24 July 2026, in Abuja, the Permanent Secretary of the Federal Ministry of Agriculture and Food Security, Dr. Marcus Olaniyi Ogunbiyi, described the project as a major milestone in Nigeria’s drive towards a more productive, inclusive, and climate-resilient agricultural sector. He said the initiative would integrate Climate Information Services into agribusiness solutions through collaboration among government institutions, development partners, financial institutions, the private sector, and farmer organizations.

Dr. Ogunbiyi acknowledged the contributions of key partners, including NiMet, IFAD, the Gates Foundation, and other stakeholders, for their commitment to climate-smart agriculture and resilient food systems. He urged all partners to sustain the spirit of collaboration to expand climate-smart agribusiness opportunities, unlock financing for farmers, and improve livelihoods.

In his remark, the Director-General/CEO of NiMet, Prof. Charles Anosike, described the project as a timely and strategic initiative that aligns with the Federal Government’s Renewed Hope Agenda. He emphasized that timely, accurate, accessible, and actionable weather, climate, and water-related information is critical to climate-smart agriculture, sustainable food systems, and building resilience across Nigeria’s agricultural value chains.

Anosike who doubles as Nigeria’s Permanent Representative at the World Meteorological Organization (WMO), described the project as a timely and strategic to farmers, agribusinesses, financial institutions, insurers, processors, logistics providers, and investors.

He added that all stakeholders require reliable climate intelligence to make informed decisions, manage risks, safeguard investments, and improve productivity. He emphasized the need to translate climate information into simple, localized, and actionable advisories while strengthening public-private partnerships to expand the delivery of climate services to farmers and agribusinesses.

He reaffirmed NiMet’s commitment to supporting the project through its Seasonal Climate Prediction, agrometeorological bulletins, impact-based forecasts, early warning advisories, and digital climate advisory platforms.

Also speaking, IFAD Country Director, Ms. Dede Ekoue, commended the Federal Ministry of Agriculture and Food Security for its leadership and acknowledged NiMet’s technical contributions to the design of the project. She noted that the CSAPR Project will strengthen financially viable public-private partnerships that integrate Climate Information Services into agricultural value chains, enabling farmers and agribusinesses to better adapt to climate variability while improving resilience, productivity, and investment.

Speaking on behalf of the National Programme Coordinator of the SAPZ Programme, Dr. Kabir Yusuf, the representative highlighted early achievements under the project, including the installation of automated weather stations in Ogun and Kano States, the commencement of climate information dissemination, and the distribution of digital devices to farmer organization leaders to facilitate timely weather advisory services.

The CSAPR Project is a Federal Government of Nigeria initiative financed by the Gates Foundation, implemented by the Federal Ministry of Agriculture and Food Security through the SAPZ Programme with support from IFAD and NiMet, and is expected to strengthen climate resilience, enhance food security, and improve the livelihoods of small holder farmers by embedding Climate Information Services into sustainable agribusiness solutions delivered through effective public-private partnerships.

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Al Mustapha angry with ex-DSS officer for alleging Abacha died on top of a woman

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Former Chief Security Officer to late Head of State, General Sani Abacha, Major Hamza Al-Mustapha, is angry with Mr. Amachree, a former DSS officer who alleged Abacha died on top of a woman

Amachree had alleged in his book released recent that the former dictator died while having sexual intercourse with a lady who was friends with the girl friend of the late head of state.

In a reaction, Al Mustapha dismissed the  claims, describing the account as false.

Speaking with journalists in Kaduna, Al-Mustapha said the claims contained in the former DSS official’s book were untrue, alleging that the author was influenced by others to write them.

“The boy was asked to write the lies by others. I have all the CCTV footages of what happened in my custody, so what he said are not true,” Al-Mustapha said.

He maintained that the account presented in the publication did not reflect what transpired, insisting that he possessed evidence to contradict the assertions made about Abacha’s death.

Al-Mustapha further urged the public to disregard the claims, saying it was wrong to make what he described as false statements against someone who was no longer alive to respond.

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Reprieve for Aisha Achimugu as court of appeal discharges EFCC of powers to freeze her accounts

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The Court of Appeal in Port Harcourt, Rivers State, has delivered a major setback to the Economic and Financial Crimes Commission (EFCC) in its prolonged financial restrictions against businesswoman Aisha Achimugu.

The appellate court declared that the continued freezing of 124 bank accounts linked to Ms Achimugu was  an abuse of court process and a subversion of the rule of law.

In a unanimous judgment, a three-member panel of the court discharged and vacated the ex parte order obtained by the EFCC more than 15 months earlier to freeze the accounts of Achimugu and several corporate entities associated with her.

The court also overturned the Federal High Court’s order directing the reversal of ₦1.8 billion transferred from a SunTrust Bank account to a Central Bank of Nigeria (CBN)/EFCC recovery account.

However, the appellate court’s decision did not validate the EFCC’s transfer of the money, leaving open the question of the legal basis upon which the anti-graft agency moved the funds.

The judgment was delivered by Justice Muhammad Ibrahim Sirajo, who sat with Justices Ishaq Mohammed Sani and Eleojo Enenche.

The case dates back to April 10, 2025, when the Federal High Court in Port Harcourt, presided over by Justice Turaki Adamu, granted an ex parte application by the EFCC to freeze 124 bank accounts allegedly linked to Achimugu, a businesswoman and founder of Oceangate Engineering Oil & Gas Ltd.
The order directed the affected banks to restrict outward transactions from the accounts.

But the freezing order soon became the subject of another legal battle after Achimugu challenged its continued enforcement. She alleged, among other things, that the EFCC had directed SunTrust Bank, through a letter dated April 24, 2025, to transfer funds from one of the frozen accounts into a CBN/EFCC recovery account even though the freezing order was still in force.

The controversy escalated when the Federal High Court, on August 27, 2025, ordered the reversal of ₦1.8 billion transferred from account number 0001313173 domiciled with SunTrust Bank. Justice Adamu held the transfer to be illegal and directed that the money be returned.

The EFCC challenged that decision at the Court of Appeal.
The appellate court agreed with the EFCC on one crucial point but, in doing so, exposed what it considered a fundamental evidentiary problem in the lower court’s handling of the accounts.
The court found that the accounts expressly captured by the April 10, 2025 freezing order included current accounts belonging to Drive.FGC.Net and Felak Concepts Ltd.
According to the judgment, Drive.FGC.Net’s current account carried a balance of ₦50,518,009.57, while Felak Concepts Ltd’s account had ₦16,220,608.37. But the ₦1.8 billion that became the centre of the dispute was held in a fixed deposit account, while another ₦7.79 billion was linked to internal ledger account numbers 2010155010 and 2010155011.
The appellate court questioned the lower court’s treatment of the accounts as identical.

It pointedly observed that the trial court had failed to explain how an account holding about ₦50 million could at the same time have yielded ₦1.8 billion for transfer.
The implication was decisive: the account containing the ₦1.8 billion was not among those expressly covered by the original freezing order.

The Court of Appeal therefore set aside the order directing the reversal of the ₦1.8 billion. But it carefully stopped short of giving the EFCC a clean bill of health.
The appellate court expressly stated that its decision did not amount to a declaration that the EFCC’s decision to transfer the money was lawful.

That distinction could prove significant in any subsequent legal proceedings over the disputed funds.

While the EFCC succeeded on the question of the ₦1.8 billion, it suffered a more consequential defeat over the continued freezing of the 124 accounts.
The anti-graft agency had argued that the Federal High Court acted improperly by delivering its ruling during the annual vacation and that it had been denied fair hearing. The Court of Appeal rejected both arguments.

Justice Sirajo held that delivering a reserved judgment during the court’s annual vacation did not amount to the conduct of general legal business and did not occasion a miscarriage of justice.
On fair hearing, the court noted that both sides had filed further affidavits and counter-affidavits on the disputed transfer. The court concluded that the parties had been adequately heard.
But the appellate court drew a firm constitutional and procedural line over the continued use of the ex parte order.
It held that such an order is intended to be temporary, principally to preserve disputed funds pending the hearing and determination of the substantive application.
Allowing the freezing order to remain in force for more than 15 months, the court held, amounted to an abuse of court process and a subversion of the rule of law.

The appellate court consequently discharged and vacated in its entirety the April 10, 2025 ex parte order freezing and restricting the accounts of Achimugu and the corporate entities associated with her.
The ruling effectively ends the interim restrictions that had kept the accounts frozen for more than a year.

The judgment also exposes a deeper procedural issue in the use of ex parte financial restrictions: an order intended as a short-term preservation mechanism cannot, in the court’s view, be allowed to morph into an open-ended restraint without the substantive case being properly determined.

 

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