Tax Law Controversy: Presidency Denies Shifts Responsibility to NASS

The Presidency on Tuesday distanced itself from allegations that Nigeria’s recently passed tax reform laws were altered after approval by the National Assembly, insisting that any discrepancies identified fall squarely within the legislature’s responsibility.

The Minister of Information and National Orientation, Idris Mohammed, dismissed claims of executive interference while responding to questions from journalists in Abuja.

He said the executive followed due process from submission to assent and has no role in reconciling internal legislative documents.

The controversy followed allegations by Abdulsammad Dasuki (PDP, Sokoto), who last week claimed that the gazetted version of the tax laws differs from what lawmakers debated and passed.

The House of Representatives subsequently set up a seven-member ad hoc committee to investigate the matter and report its findings.

Amid growing public pressure, the House is scheduled to debate the issue at plenary today. The Senate is also expected to sit, with constitutional amendment deliberations among items listed on its agenda.

Responding to lawmakers’ claims that the versions signed into law by President Bola Tinubu differed from what was passed, Mohammed said the executive has no visibility into legislative discrepancies.

“To be honest with you, I have not seen the two versions. What I know is that the executive presented a document, it was processed by the National Assembly, passed, returned and signed,” he said.

He added that once lawmakers identified discrepancies and constituted a committee, the appropriate step was to allow that process to run its course.

According to the minister, “as far as the Federal Government is concerned, there is only one version of the tax document,” noting that further clarification can only emerge after the lawmakers conclude their review.

Presidency, Tax Reform Committee Urge Legislative Review

The Chairman of the Presidential Fiscal Policy and Tax Reforms Committee, Taiwo Oyedele, also called on the National Assembly to investigate the alleged discrepancies, stressing that only lawmakers can authoritatively determine what was transmitted to the President.

Oyedele spoke on Channels Television amid calls by former Vice President Atiku Abubakar, Labour Party’s 2023 presidential candidate Peter Obi, and civil society groups for the suspension of the tax laws’ implementation.

He dismissed circulating media reports as misleading, arguing that no proper comparison could be made without access to the officially certified harmonised bills passed by parliament.

“Before you can say there is a difference between what was gazetted and what was passed, we don’t even have what was passed,” he said.

Oyedele explained that the clerk-certified versions sent to the President were not publicly available, making speculation premature.

“Only the lawmakers can say authoritatively what they sent,” he added.

He also addressed public concern over Section 41(8), which was reported to require a 20% deposit before filing tax appeals. Oyedele said the provision was present in a draft document but not in the final gazette.

“I know that particular provision is not in the final gazette, but it was in the draft gazette,” he said.

According to him, documents circulating publicly were prepared before the House committee concluded its work.

“What is out there in the media did not come from the committee set up by the House of Representatives. I think we should allow them do the investigation,” Oyedele said.

President Tinubu recently signed four tax reform bills into law, describing them as the most comprehensive overhaul of Nigeria’s tax system in decades.

The laws are the Nigeria Tax Act, Nigeria Tax Administration Act, Nigeria Revenue Service (Establishment) Act, and the Joint Revenue Board (Establishment) Act. They are scheduled to take effect on January 1, 2026.

Lawmakers Warn of Constitutional Breach, Rights Groups Demand Probe

Meanwhile, the House committee’s interim findings, which circulated widely on Tuesday, alleged that critical provisions of several 2025 tax laws were altered after passage by both chambers of the National Assembly.

The report claimed that substantive clauses were inserted, deleted, or modified outside the constitutionally recognised law-making process.

Lawmakers warned that if upheld, such alterations could render parts of the laws legally void and expose the Federal Government to litigation risks.

According to the committee, coercive fiscal powers including arrest authority, garnishee proceedings without court orders, compulsory United States dollar computation, appeal security deposits, and restrictions on appeal rights appeared in the final gazetted Acts without legislative approval.

The panel also alleged that oversight and accountability provisions approved by parliament were removed in the final versions now in force.

“What the National Assembly did not pass cannot become law,” the committee stated, warning that post-passage alterations are unconstitutional and ultra vires under Sections 4 and 58 of the 1999 Constitution.

Sources in the House said today’s sitting would test legislative resolve, as members consider recommendations including legislative review, possible re-enactment of affected laws, and the summoning of officials linked to the enrolment and certification process.

The Resource Centre for Human Rights and Civic Education, CHRICED, also demanded an urgent and independent investigation, warning that post-passage alterations would undermine democratic governance.

“This is not a clerical error, and it is not a misunderstanding. It raises serious concerns about the integrity of our democratic process,” said CHRICED Executive Director, Ibrahim Zikirullahi.

He added that provisions allowing seizure of funds without court orders, compulsory 20% appeal deposits, and dollar-based tax computation were never debated by lawmakers.

“Anyone involved in altering laws after passage has acted against the Constitution and the interest of the Nigerian people,” he said.

The Action Democratic Party, ADP, similarly called for a thorough investigation. Its National Chairman, Yabagi Sani, warned that assenting to a materially altered bill would amount to a grave constitutional breach.

“Sovereignty without accountability invites abuse,” Sani said, adding that legislative authority rests solely with parliament.

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