Abuja: Former Vice President Atiku Abubakar on Sunday cautioned that the gazetting of the tax act, which reportedly differs from the version passed by lawmakers, poses a grave constitutional violation.
In a statement in Abuja, Abubakar said that the Senate’s confirmation that the gazetted tax act differs from what was passed by the lawmakers raised constitutional concerns and questioned the integrity of Nigeria’s lawmaking process.
Abubakar said that any law published in a form that had never been passed by the parliament was not a law but a nullity.
“Section 58 of the Constitution outlines lawmaking clearly, requiring passage by both chambers, presidential assent, and gazetting; gazetting alone neither creates nor amends law.
“Gazetting is an administrative act of publication; it does not create law, amend law, or cure illegality.
“Where a gazette misrepresents legislative approval, it has no legal force.
“Any post-passage alteration without legislative approval constitutes forgery, not clerical error, and no directive from Senate President Godswill Akpabio or Speaker Tajudeen Abbas can validate it.
“Attempts to rush re-gazetting while stalling investigation undermine parliamentary oversight and set a dangerous precedent, as illegality cannot be cured by administrative speed,” he said.
The former said that this was not opposition to tax reform but a defence of legislative integrity.
According to him, only fresh passage, assent, and proper gazetting can produce valid law for the country.
