Calls grow for suspension of new tax laws amid constitutional concerns

Nigeria's tax reform programme faces growing calls for suspension due to alleged constitutional violations in the passage of new laws. A policy brief highlights procedural irregularities that could lead to legal challenges. Experts urge a review before the planned January implementation.

Nigeria's efforts to overhaul its tax system have hit a snag, with advocates pushing for a halt to the rollout of new laws set for January. The concerns stem from a policy brief issued on Wednesday in Taraba State by Dr. Joseph Gimba, chief executive of the Center for Peace Education and Community Development. Gimba points to flaws in the legislative process, including claims that certain provisions were altered without proper National Assembly approval, breaching the 1999 Constitution's requirements for debate, passage by both chambers, and presidential assent.

The reforms aim to enhance domestic revenue, lessen dependence on oil, and promote fiscal stability. However, Gimba argues that unauthorized insertions, modifications, and regional concessions undermine transparency, equity, and federal balance. "These issues strike at the heart of constitutional democracy," he stated, warning of potential court invalidations and loss of public trust.

Proceeding without fixes could spark taxpayer resistance, operational issues for authorities, and revenue shortfalls from legal injunctions. The brief recommends suspending implementation for an independent audit by legal and fiscal experts, comparing laws against official records. Contentious parts should return to the National Assembly for revalidation, with future safeguards like digital bill authentication.

Accountability measures include possible prosecutions or sanctions for involved officials. While tax changes are crucial for economic progress, Gimba emphasizes that procedural integrity is key. "Reforms perceived as manipulated or procedurally flawed cannot command public compliance or trust," the brief concludes, advocating delay to uphold the rule of law.

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Illustration of Nigeria's tax law controversy: CITN demands verification, Senator Ndume calls for suspension, Lagos Governor defends reforms.
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CITN demands verification as calls intensify to suspend Nigeria's disputed tax laws

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Building on earlier policy critiques, the Chartered Institute of Taxation of Nigeria (CITN) has called for urgent verification of new tax laws amid discrepancies, while Senator Ali Ndume urges suspension of the January rollout and Lagos Governor defends the reforms.

A leading accounting firm has identified 31 critical flaws in Nigeria's newly altered tax laws, prompting calls to halt their implementation. Opposition figure Peter Obi has echoed this demand, highlighting the need for public consultation amid economic hardships. The opinion piece argues that without trust and clear benefits, the reforms risk alienating citizens.

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The National Association of Nigerian Students has called on the Federal Government to suspend the January 1, 2026, rollout of the new Tax Reform Law due to procedural flaws and lack of public engagement. The group highlighted discrepancies between the gazetted version and the one passed by the National Assembly, amid concerns over inadequate sensitization efforts. NANS warned of nationwide protests if demands are ignored.

The Federal Government of Nigeria has stated that recent alterations to the newly passed tax laws will not significantly impact them. Taiwo Oyedele, Chairman of the Presidential Tax Reform Committee, emphasized that these changes are minor.

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The African Democratic Congress has accused President Bola Tinubu's administration of forging provisions in recently passed tax laws. The party demands immediate suspension of the laws and a public inquiry into the alleged alterations. Concerns are mounting as more lawmakers reject the gazetted versions.

Following Finance Minister Germán Ávila's announcement of an economic emergency to raise 16 trillion pesos for the 2026 budget, major Colombian business associations including Fenalco, Andi, and the National Business Council have urged the Constitutional Court to review and potentially suspend the measure, arguing it fails constitutional tests amid concerns over economic stability.

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The Constitutional Court suspended President Gustavo Petro's economic emergency decree from December 2025, an unprecedented move halting measures like a tax reform by decree. Huila representatives in Congress voiced divided opinions on the fiscal, legal, and political ramifications of this ruling. Some hail it as a check on an unconstitutional 'decree blitz,' while others decry the constraints on tackling the economic crisis.

 

 

 

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