The Presidency has dismissed claims that it secretly altered provisions of the newly enacted tax reform laws, insisting that no changes were made outside the established legal and legislative process, even as legal experts warn that any post-passage alterations would be unconstitutional and void.
The controversy erupted after a member of the House of Representatives, Abdussamad Dasuki (PDP, Sokoto), alleged discrepancies between the tax laws passed by the National Assembly and the versions gazetted and released to the public.
Speaking to Sunday PUNCH, the Senior Special Assistant to the President on Media and Publicity, Mr. Temitope Ajayi, said no amount of opposition pushback would stop the implementation of the laws in January.
He argued that allegations that the tax documents were altered had not been established by any constituted authority, describing the criticisms as “opposition noise” aimed at creating controversy around government policy.
“Opposition elements can say whatever they want, even when it is very obvious to every rational person that all they seek to do every time is to pollute the waters and create a toxic environment around policy issues,” Ajayi said.
He stressed that the implementation committee had been working for the past six months and would not be distracted by what he described as attempts to undermine the policy.
Ajayi further said claims of document alteration remained unproven, noting that the actions of an opposition member of the House of Representatives could not invalidate laws that had been duly passed and signed.
He added that the House of Representatives had already set up a committee to examine the allegations, led by the Chairman of the House Committee on Finance, James Faleke.
According to him, the appropriate course of action is to allow the committee to carry out its assignment and present its findings.
Also, the Special Adviser to the President on Information and Strategy, Mr. Bayo Onanuga, ruled out any suspension of the implementation of the laws.
“The House of Representatives, where this allegation emanated from, has set up a committee to investigate. We would like to wait for the outcome of the investigation before we make any comment. The House is already probing it; we don’t want to say anything that will subvert what they are investigating, whether it is true or not. We want to allow the House to do its work,” Onanuga said.
“The opposition is talking nonsense; the law has already been passed. The timeline for the implementation is January 1. In fact, the law is already being implemented, and by January 1, it will come fully into effect, so there is no point in demanding the suspension of the implementation. Some elements of the law are already being implemented.”
However, in a comprehensive legal analysis, TheNigeriaLawyer examined the alleged alterations and concluded that any post-passage changes would be unconstitutional and void.
According to the analysis, sections 4 and 58 of the 1999 Constitution vest law-making power exclusively in the National Assembly, and the Executive has no constitutional authority to alter a Bill after passage.
“The President’s only powers under section 58(4)-(5) are (a) to assent or (b) to withhold assent. The Constitution provides no third option permitting the Executive to rewrite sections of a passed Bill,” the legal opinion states.
According to documents reviewed by TheNigeriaLawyer, the alleged alterations include:
Section 39(3) – Currency Computation:
Section 41(8)-(9) – Appeal Preconditions:
Section 60(1) – Garnishee Powers:
Section 64(1) – Arrest Powers: