Former Minister of Communications and Digital Economy, Dr Isa Ali Pantami, has expressed discomfort with several sections of the proposed tax reform bills, citing ambiguities and potential constitutional conflicts that could hinder its implementation.
The proposed legislation, which seeks to prioritise the location of consumption as the basis for sharing Value Added Tax (VAT), has faced widespread resistance, particularly from northern stakeholders, including governors, traditional rulers, and the Northern Elders Forum.
Despite this opposition, Tribune Online reports that the Senate passed the bills for a second reading on Thursday amid a rowdy plenary session.
In a statement on X on Tuesday, Pantami, who recently attended the World Halal Summit 2024 in Turkiye, noted that while the bill holds promise for transforming tax collection administration, it requires significant improvements to serve the national interest effectively.
He highlighted that certain sections lack clear definitions, creating room for regulatory exploitation and implementation challenges.
The former minister advised the National Assembly to suspend legislative action on the bill temporarily, advocating for broader consultations involving all relevant stakeholders.
He emphasised that resolving the bill’s challenges requires contributions from constitutional, tax, and business law experts.
Among the sections Pantami identified for review are Sections 3(3), 7(6), 8(2), 23, 28, 95, 96, 97, 118, and 141, the latter being a supremacy clause he found particularly concerning.
However, he called on the government to rebuild trust with citizens, noting that widespread suspicion towards government policies is amplifying the country’s challenges.
He wrote, “I have been preoccupied for the past week, having attended the World Halal Summit 2024 as a speaker at the invitation of the Presidency of the Republic of Turkiye. Consequently, I couldn’t find time to read and review all the 4 bills, including the Nigeria Tax Administration Bill, 2024. However, over the last 40 hours, I have been reading them, particularly the Nigeria Tax Administrative Bill.
“The bill has the potential to transform tax collection administration if improved and implemented in the national interest. Nevertheless, there are critical observations that need to be addressed, including a potential conflict with the Federal Republic of Nigeria’s constitution.
“Several sections of the Bill make me uncomfortable, primarily because they lack clear definitions, which could lead to significant challenges during implementation. Furthermore, regulatory bodies may exploit these ambiguities when developing their regulatory instruments.
“In light of this, I offer two pieces of advice to the National Assembly (NASS):
“i) Suspend Legislative Action for now as some of the challenges could not be addressed by the chambers alone. In leadership, the ability to change one’s mind is a sign of intelligence and empathy, not weakness; and
“ii) Allow for wider consultations on the bills, ensuring that all relevant stakeholders are contacted and any ambiguities are effectively reviewed and addressed.
“Specifically, I recommend reviewing the following sections:
1) Section 3(3)
2) Section 7(6)
3) Section 8(2)
4) Section 23
5) Section 28
6) Sections 95, 96,
97, and 118
7) Section 141 (supremacy clause)
“I believe that tax, constitutional, and business lawyers, among others, also have a significant role to play in improving the bills. As a policy researcher, I may also commend on the remaining 3 bills later.
“Finally, the government must try to address the mistrust between it and its citizens, as our situation as a nation is deteriorating due to this mistrust. Citizens are largely suspicious. Building trust is crucial at this juncture for all arms and tiers of government. We must also prioritise our national interest over and above our personal interests. Issues must also be discussed objectively and critically.
“May we continue to serve our country diligently and honestly, praying to Allah to bless the Federal Republic of Nigeria.”
Credit: Nigerian Tribune