NBA Demands Immediate Halt to Controversial Tax Reforms, Calls for Prosecution Over Alleged Alterations

Published 10 hours ago4 minute read
Pelumi Ilesanmi
Pelumi Ilesanmi
NBA Demands Immediate Halt to Controversial Tax Reforms, Calls for Prosecution Over Alleged Alterations

The Nigerian Bar Association (NBA) and the Resource Centre for Human Rights and Civic Education (CHRICED) have vehemently raised alarms over the controversial circumstances surrounding the recently enacted Tax Reform Acts, warning that these issues cast serious doubt on the integrity, transparency, and procedural sanctity of Nigeria’s lawmaking process. Both organizations have stressed that these developments threaten constitutional governance and undermine public confidence in the legislative procedure.

At the heart of the controversy are widespread reports and allegations, notably raised by Hon. Abdulsammad Dasuki, that tax bills passed by the National Assembly were secretly altered and tampered with before being officially gazetted. CHRICED has unequivocally labeled this alleged act as legislative forgery and a direct assault on Nigeria’s democracy, emphasizing that such actions go beyond clerical errors, representing a deliberate effort to rewrite the will of lawmakers behind closed doors. The groups highlighted that Section 58 of the 1999 Constitution explicitly prohibits any alteration of a bill after its passage by the National Assembly, rendering any such modification unconstitutional and illegal.

The gazetted versions of the tax laws allegedly contain several provisions that were never debated or approved by the National Assembly. Among these contentious insertions are new powers allowing tax authorities to seize funds without court orders, a requirement forcing taxpayers to pay 20 percent of disputed assessments before they can file appeals, and a mandate to use the United States dollar as the sole currency for tax computation. Furthermore, provisions relating to petroleum income tax and value added tax (VAT) were reportedly altered without legislative authorization, further compromising the integrity of the entire lawmaking process.

In response to these grave concerns, both the NBA, through its President, Mazi Afam Osigwe, SAN, and CHRICED have issued strong calls for immediate and decisive action. The NBA considers it imperative that a comprehensive, open, and transparent investigation be conducted to clarify the precise circumstances surrounding the enactment of the laws and to restore public trust in the legislative process. Crucially, both organizations have demanded the immediate suspension of the implementation of the Tax Reform Acts pending the outcome of a thorough investigation, asserting that allowing the laws to take effect amidst unresolved controversies would only deepen legal and policy uncertainty.

The associations warned that the legal and policy uncertainty generated by the controversy could have severe, far-reaching consequences for Nigeria's economy. Such uncertainty, they noted, would unsettle the business environment, erode investor confidence, and create unpredictability for individuals and corporate entities required to comply with the laws. This situation is deemed inimical to economic stability and incompatible with the rule of law. CHRICED went further, demanding not only a full and time-bound independent investigation but also the suspension, dismissal, arrest, and prosecution of all officials involved in the alleged alterations, "no matter how highly placed." The group also called for full public disclosure of investigative findings and the establishment of institutional safeguards to prevent future secret alterations of legislation.

CHRICED critically remarked on the "unacceptable and dangerous" continued silence of the Presidency and the Senate more than 48 hours after the allegations became public. The organizations collectively emphasized that Nigeria’s constitutional democracy demands that laws, particularly those with significant economic and social implications, must emerge from processes that are transparent, accountable, and beyond reproach. Any deviation from these standards, they asserted, undermines public trust and weakens the very foundations of lawful governance. "When laws can be rewritten in secret, without oversight, debate or the consent of elected representatives, democracy becomes a façade," CHRICED warned.

For context, President Bola Ahmed Tinubu signed an overhaul of Nigeria’s tax laws, collectively known as the Tax Reform Acts, into law on June 26, 2025. These acts are generally set to take effect on January 1, 2026. Experts had argued that the reforms aimed to reduce tax pressure on low-income Nigerians, expecting individuals earning below a minimum income threshold to pay little or no personal income tax, thereby addressing criticisms of overtaxing the poor and undertaxing the wealthy. However, the current scandal risks overshadowing these stated intentions.

In conclusion, the NBA and CHRICED have called on all relevant authorities to act swiftly and responsibly in addressing this profound controversy. They underscored that this moment is a "defining moment for Nigeria," urging the nation to either defend the sanctity of its laws or risk surrendering its democracy to impunity, ensuring the preservation of constitutional order, economic stability, and the rule of law.

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