Former Vice-President, Mr Atiku Abubakar, has recommended that the National Assembly shelve plans to re-gazette the recently passed controversial tax reform laws, and instead carry out a fresh passage ahead of the implementation by January 1, 2026.
Mr Atiku, who came second in the 2023 presidential polls, in a statement described the discrepancy in the gazetted copy of the tax law as a “grave constitutional issue”.
He noted that any law published in a form different from what was approved by lawmakers is “a nullity”.
“The confirmation by the Senate that the gazetted version of the Tinubu Tax Act does not reflect what was duly passed by the National Assembly raises a grave constitutional issue,” he stated.
“A law that was never passed in the form in which it was published is not law. It is a nullity. Under Section 58 of the 1999 Constitution, the lawmaking process is clear: passage by both chambers, presidential assent, and only then gazetting.
“Gazetting is an administrative act; it does not create law, amend law, or cure illegality.”
He warned that post-passage insertions, deletions, or modifications without legislative approval amount to “forgery, not a clerical error”.
“No administrative directive by the Senate President, Godswill Akpabio, or the Speaker of the House, Tajudeen Abbas, can validate such a defect or justify a re-gazetting without re-passage and fresh presidential assent,” he added.
He also said attempts to rush a re-gazetting while delaying legislative investigations “undermine parliamentary oversight and set a dangerous precedent.
Recall that the National Assembly announced that it would work with relevant ministries, departments, and agencies to re-gazette the tax reform laws after a member of the House of Representatives, Mr Abdussamad Dasuki, on December 17 said there are discrepancies between the tax reform law passed by the national assembly and the gazetted copy available to the public.
Other quarters including the Nigerian Bar Association (NBA) have also called for the suspension of the implementation of the tax laws, pending a full investigation
The tax reform law, expected to take full effect in January 2026, faced resistance even before its passage into law.
However, the Chairman of the Presidential Committee on Fiscal Policy and Tax Reforms, Mr Taiwo Oyedele, has said the January 1, 2026 date for the implementation of the Nigerian Tax Act and the Nigerian Tax Administration Act is sacrosanct.