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Atiku says re-gazetting flawed tax law without re-passage is unconstitutional
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He warns rushed process weakens parliamentary oversight and rule of law
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Insists only fresh approval and presidential assent can validate the Act
Former Vice President, Atiku Abubakar urged the National Assembly to reconsider and re-pass the recently gazetted tax legislation, insisting that administrative actions cannot correct fundamental legislative defects.
Atiku faulted moves to hurriedly re-gazette the Tax Act following the Senate’s admission that the published version does not accurately reflect what lawmakers approved. According to him, such an approach undermines constitutional procedures and weakens legislative accountability.
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In a statement issued on Sunday, the former vice president said the confirmation by the Senate raises serious constitutional concerns, stressing that any law published in a form not duly passed by the National Assembly lacks legal validity.
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He argued that under Section 58 of the 1999 Constitution, lawmaking follows a clear sequence: passage by both chambers, presidential assent, and then gazetting. He noted that gazetting is merely an administrative step for public notice and cannot amend, validate, or correct a defective law.
Atiku warned that any alteration to a bill after legislative approval—whether by addition, removal, or modification—without fresh consideration by lawmakers amounts to a grave violation of due process.
He further criticised attempts to re-gazette the law while legislative investigations into the discrepancy are allegedly being stalled, describing the move as a dangerous precedent that could erode parliamentary oversight.
According to him, the only lawful remedy is for the National Assembly to undertake a fresh legislative process, ensure both chambers pass identical versions of the bill, secure a new presidential assent, and then proceed with proper gazetting.
Atiku clarified that his position is not an attack on tax reforms, but a defence of constitutional order and the integrity of Nigeria’s legislative process.
“This is about upholding the rule of law and resisting any effort to legitimise constitutional breaches through procedural shortcuts,” he said.
