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Agabaidu Chukwuemeka Jideani: TAX LAWS CONTROVERSY AND PREVENTING POST-PASSAGE ALTERATIONS

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….Legislative Practice and Procedure Expert

Recent controversies surrounding the four Tax Reform Acts of 2025, the Nigeria Tax Act, Nigeria Tax Administration Act, Nigeria Revenue Service (Establishment) Act, and Joint Revenue Board (Establishment) Act, have thrust into sharp relief the dangers of alleged post-passage alterations. These bills, originated by the Executive in late 2024, underwent rigorous scrutiny, were harmonised and passed by both chambers of the National Assembly in early 2025, received presidential assent from His Excellency President Bola Ahmed Tinubu, GCFR, in June 2025, and were subsequently gazetted. Yet, on 17 December 2025, Honourable Abdussamad Dasuki raised a point of privilege in the House of Representatives, contending that the gazetted versions contain substantive deviations from the harmonised texts approved in the Votes and Proceedings. Alleged discrepancies encompass expanded enforcement powers, modifications to tax scopes, alterations to appeal mechanisms, and changes impacting oversight and funding structures. So much for the background.

Now, Nigeria is a Constitutional democracy anchored on the doctrine of Separation of Powers. In ordinary and common language, the powers of the Nigerian state were enumerated and shared, by the Constitution, amongst the three arms of government, viz, the Legislature, the Executive and the Judiciary and between the three tiers of government: the Federal, the State and the Local Governments respectively.

Now, the Constitution of the Federal Republic of Nigeria (CFRN) (1999) vests legislative powers in the National Assembly, comprising the Senate and the House of Representatives[1] and the various State Houses of Assembly[2].

The Constitution, having granted law making powers to the National Assembly, immediately circumscribed the exercise of the powers so granted. In Section 58, it provides that the legislative powers granted by section 4(1) is exercisable by way of ‘Bills” passed by the Senate and the House of Representatives and assented to by the President[3].

Under our laws in Nigerian, a bill becomes an Act only after it is passed by both chambers of the National Assembly in identical form and assented to by the President[4]. It should be noted that the law-making role of the President under the Constitution is limited to granting or withholding assent[5]; there is no constitutional authority for the President or any executive official to amend, alter, or rewrite the content of a passed bill post-passage.

Post-passage alterations, (the unauthorized changes to the text of a bill after its final legislative approval but before or during official publication), pose a profound threat to democratic accountability, separation of powers, and public trust. Such alterations could arise from clerical errors, intentional tampering, or procedural lapses, potentially introducing provisions never debated or approved. This clothes the tainted enactment with Constitutional infirmity.

It is important to note that post-passage alterations could be perpetrated in the process of transmission of the harmonized bill to the President or during the return of the assented Act to the National Assembly and it could be done by any or a combination of more than one of executive and/or legislative branch functionaries.

In all of these the central figure is the Clerk of National Assembly.

The Legislative practice in Nigeria, empowers the Clerk of the National Assembly to employ procedural safeguards, including certification protocols, creation of multiple authenticated copies, enrollment in official records, and conclusive evidential rules, to mitigate these risks[6].

In doing so the legislative practice creates a verifiable “master” version of the law, dispersing authority across branches of government and establishing presumptions of authenticity that courts uphold.

This Nigerian legislative practice is anchored on a solid statutory foundation, provided by the Acts Authentication Act (Cap. A2, Laws of the Federation of Nigeria 2004).

The Acts establishes a structured process to authenticate legislation after passage by the National Assembly, ensuring the integrity and accuracy of enacted laws before presidential assent and prior to publication.

Its primary safeguards against post-passage alterations are found in the empowerment of the Clerk of the National Assembly, to take the following steps:

a) Certification[7]: Soon after a bill is passed in identical form by both the Senate and House of Representatives (harmonised version), the Clerk must prepare a clean copy incorporating all agreed amendments. The Clerk then endorses and signs a certificate on the bill stating: “I certify… that this is a true copy of the bill passed by both Houses of the National Assembly.” This certificate is conclusive evidence that the transmitted text accurately reflects the legislature’s decisions. It prevents unauthorised changes by creating an official, authenticated record.

b) Distribution[8]: Section 5 of the Act provides for distribution protocols, here the Clerk of the National Assembly is empowered to prepare multiple identical copies (triplicate), one retained for National Assembly records, one sent to the President, and one to the Chief Justice of Nigeria for enrolment in the Supreme Court. All subsequent printed copies must initially be impressions from the same authenticated form, ensuring uniformity. The tripartite distribution across legislative, executive, and judicial branches allows cross-verification, deterring unilateral alterations.

These mechanisms vest control firmly with the National Assembly’s Clerk, an independent legislative officer, to prevent executive or administrative tampering between passage and assent/publication.

In essence, while the Act provides robust procedural checks through certification and controlled distribution, a breach could occur if authenticated copies are altered subsequently without legislative re-approval, as allegedly happened in this case.

The alleged post-passage alterations of the relevant Tax Reform Legislation, if substantiated, will erode public trust in the fiscal reforms aimed at broadening revenue amid economic pressures. It risks protracted litigation, delayed implementation (originally slated for 1 January 2026), and constitutional crisis.

Ultimately, preserving legislative sanctity demands vigilance: laws must emanate solely from the people’s representatives, unadulterated by post-passage sleight. The ongoing investigation offers a pivotal opportunity to reaffirm this principle, ensuring Nigeria’s enactments withstand scrutiny as true expressions of democratic will.

Resolutions may involve legislative corrections by way of amendments, judicial invalidation of unauthorized as well as altered provisions, or presidential repudiation of the allegedly altered and gazetted enactment.

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] Section 4(1), CFRN 1999

[2] Section 4(6) CFRN 1999

[3] Section 58(1) CFRN 1999

[4] Community reading of sections 58 and 59 CFRN 1999

[5] Section 59 CFRN

[6] Acts Authentication Act, Cap. A2, Laws of the Federation of Nigeria 2004.

[7] Section 2 Acts Authentication Act

[8] Section 5 Acts Authentication Act

 

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Supreme Court to rule on ADC, PDP cases Thursday

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The Supreme Court of Nigeria will on Thursday, deliver judgments in two cases involving the leadership crises rocking the African Democratic Congress and the Peoples Democratic Party.

According to information on the official website of the court, the matters, listed under “Political Appeals”, have been added to the cause list for Thursday, April 30, 2026.

While judgment in the ADC matter, marked SC/CV/180/2026, has been fixed for 2 pm, there is no time yet for that if the PDP.

 

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Tinubu to reconstitute NHRC board, retains Ojukwu as ES/CEO

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President Bola Tinubu has written the Senate, seeking the screening and subsequent confirmation of fifteen nominees to the National Human Rights Commission (NHRC).

The letter was read by the President of the Senate, Senator Godswill Akpabio.

The letter seeks the reconstitution of the commission’s board in line with statutory provisions with the list comprising nominees from diverse professional backgrounds, including the media and legal sectors.

Among the nominees are the President, Nigeria Guild of Editors and Editor, Vanguard Newspapers, Mr. Eze Anaba; and Dr. Salamatu Hussaina Suleiman, who has been proposed as chairman of the board.

The Executive Secretary of the Commission, Dr. Anthony Ojukwu (SAN) is to retain his position as the Chief Executive Officer.

Other nominees include Mrs Roseline Tasha, Ambassador Adam Yubak Baku, ACG Felix Lawrence, Mr. Edmund Chinonye, Mr. Chinonye Obiaku (SAN), Oluwakemi Asiwaju Okere-Odo, Professor Adedeji Ogunji, Kingsley Chidozie, Mohammed Adelodu, Maupe Ogun Yusuf, and Otunba Francis Meshioye as members.

Also nominated are Patience Patrick and Hawwa Ibrahim, listed as members.

The President said the nominations were made pursuant to Section 2(3) of the National Human Rights Commission (Establishment) Act, 2010, which empowers him to constitute the board subject to Senate confirmation.

He explained that the reconstitution of the board was necessary to enhance the commission’s institutional capacity and enable it to more effectively discharge its mandate to promote and protect human rights across the country.

If confirmed, the new board is expected to play a critical role in reinforcing the NHRC’s oversight functions, particularly at a time of heightened concerns over rights protection and accountability in Nigeria.

Following the presentation of the request, the Senate referred the nominations to its Committee on Judiciary, Human Rights and Legal Matters for screening and report within two weeks.

 

 

 

 

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Breaking: EFCC investigates Pastor Jerry Eze over alleged money laundering

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The Economic and Financial Crimes Commission, EFCC, has revealed that it investigated the founder of Streams of Joy International, Pastor Jerry Eze, for six months over suspected money laundering before clearing him.

Ola Olukoyede, chairman of the Commission, disclosed this on Wednesday while speaking at the Jerry Eze Foundation Business Grant Award Ceremony in Abuja.

According to him, the probe was triggered by intelligence reports and petitions after the commission observed large inflows of foreign currencies into the cleric’s domiciliary account.

“We work by intelligence, we work by petitions. At some point, I saw there was an account, a domiciliary account. Dollars, pounds were dropping in like raindrops, from Colombia, from America, from Sri Lanka, even from Togo.

“I said who is this man? Yes, I’ve been hearing about his name, I’ve seen his face a couple of times. I never bothered about what he was doing. I knew he was a pastor.

“So they said this one pastor of streams of joy, go and investigate him. So we went to the investigation. We combed the books,” Olukoyede stated.

The EFCC boss said he subsequently invited Eze for questioning after preliminary findings were compiled by investigators.

He added that upon meeting the cleric and reviewing the findings of the investigation, the commission found no wrongdoing.

“So he came to my office. He told me what happens and all of that, and how the money came, what he does, how he has been helping people, and all of that.

“I said, you know what, I didn’t call you here to explain to me. We have already done our work. I called you here to commend you,” he stated.

The remark drew applause from the audience, as Eze, who was present at the event, acknowledged the commendation.

He noted that the commission has a responsibility not only to investigate financial crimes but also to recognise individuals found to have acted with integrity.

The EFCC chairman, however, stated that the agency would continue to monitor financial activities where necessary, stressing that its preventive mandate remains critical in tackling corruption.

 

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