Atiku Raises Red Flag: Re-Gazetting Not Enough to Validate Tax Laws
The national conversation on Nigeria’s fiscal reforms has intensified following a firm intervention by former Vice President Atiku Abubakar, who has questioned the procedural legitimacy of the recently signed tax bills. In a detailed critique of the administration’s approach, Atiku argued that attempting to correct legislative defects through re-gazetting undermines constitutional principles.
He maintained that where the executive seeks to alter the substance of laws already passed by the National Assembly and assented to by the President, the only lawful option is the complete withdrawal of the bills and their reintroduction for fresh legislative consideration.
The dispute arises from reported errors discovered in four major tax reform bills, including the Nigeria Tax Bill and the Nigeria Tax Administration Bill. These discrepancies have heightened tensions between the presidency and political stakeholders from Northern Nigeria. Atiku emphasized that gazetting is purely an administrative procedure meant to formally notify the public of an existing law, not a mechanism for amending its content.
He warned that allowing the executive to “correct” substantive provisions after presidential assent would amount to an overreach that erodes the constitutional separation of powers and encroaches on the exclusive law-making authority of the legislature.
Beyond procedural concerns, the former Vice President expressed alarm over the broader policy implications of the proposed Value Added Tax distribution framework. He cautioned that a shift toward a derivation-based model could disadvantage many states, particularly in the North, which may lack the industrial base of states such as Lagos and Rivers but remain vital contributors to the national economy through agriculture and other productive sectors.
Atiku stressed that his position is not rooted in political opposition but in the need to ensure that fundamental changes to Nigeria’s tax system emerge from an open, inclusive, and constitutionally sound process.
As legal experts and lawmakers continue to scrutinize the objections, pressure on the presidency is mounting. Atiku’s call for a fresh passage would require returning the bills to the National Assembly for renewed public hearings and debates, allowing contentious provisions to be thoroughly examined.
He warned that attempting to resolve either typographical or substantive flaws through re-gazetting could invite prolonged legal challenges, potentially leading to the nullification of the entire tax reform package and plunging the country’s fiscal future into uncertainty.
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