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Re-Gazette Tax Law? Odinkalu slams NASS over legal blunder

The National Assembly’s decision to re-gazette Nigeria’s newly enacted tax reform laws has ignited a fierce legal and constitutional debate, with prominent human rights lawyer Prof. Chidi Odinkalu accusing the legislature of compounding illegality with procedural overreach.

At the heart of the controversy are four landmark laws:

  1. Nigeria Tax Act, 2025.
  2. Nigeria Tax Administration Act, 2025.
  3. Joint Revenue Board of Nigeria (Establishment) Act, 2025; and,
  4. Nigeria Revenue Service (Establishment) Act, 2025.

Observers hailed the Acts as transformative for Nigeria’s fiscal system.

Lawmakers published the Acts in the Official Gazette following presidential assent.

However, discrepancies between the versions passed by the Senate and House of Representatives and those gazetted have triggered public outcry.

National Assembly’s Response

The National Assembly announced the constitution of a seven-member Ad Hoc Committee.

The Committee will investigate the legislative and administrative handling of the Acts.

House Spokesman, Rep. Akin Rotimi, disclosed this in a press statement he personally signed.

According to Rotimi, National Assembly leadership, under Senate President Godswill Akpabio and Speaker Abbas Tajudeen, directed the Clerk to re-gazette the Acts and issue Certified True Copies of the versions duly passed by both chambers.

The Assembly insists this is an administrative step to “authenticate and accurately reflect” legislative decisions, not a concession of error.

It said that lawmakers will conduct the review in line with the Constitution, the Acts Authentication Act, and parliamentary procedure.

The Odinkalu Critique

Prof. Odinkalu, a former Chairman of Nigeria’s National Human Rights Commission, has sharply criticized the move.

Odinkalu, in a public statement, declared that the National Assembly has effectively admitted the laws were “forged”.

He, however, noted that its response—ordering a re-gazetting—is legally untenable.

“The @nassnigeria has no power to order a ‘regazetting’ of an already gazetted document claiming to be a duly passed law. This is heaping unlawfulness upon criminality,” Odinkalu wrote.

He outlined two lawful remedies:

  1. Repeal and Replace — The Assembly could formally repeal the gazetted legislation and pass the correct version for fresh gazetting.
  2. Judicial Review — Take the matter to court and strike down the flawed gazette, followed by proper legislative correction.

Odinkalu stressed that whichever path is chosen, lawmakers must identify and hold accountable those responsible for the alleged forgery.

“The people deserve that,” he said.

Legal and Political Implications

The clash between the Assembly’s administrative rationale and Odinkalu’s legal critique raises fundamental questions about legislative integrity, separation of powers, and rule of law.

Analysts warn that bypassing formal repeal or judicial review could set a dangerous precedent, undermining public trust in Nigeria’s lawmaking process.

The controversy also threatens to overshadow the substance of the tax reforms, which aim to modernise revenue collection and improve transparency.

If the legitimacy of the laws is in doubt, their enforceability could be challenged in court, delaying implementation and weakening investor confidence.

While the National Assembly has pledged transparency and constitutional compliance, critics argue that true accountability requires more than administrative fixes.

The integrity of Nigeria’s legislative record—and the credibility of its democratic institutions—may hinge on how lawmakers will resolve the issue.

For now, the re-gazetting directive remains in place, but legal observers and civil society groups are watching closely.

Whether the Assembly chooses repeal, litigation, or another path, the demand for clarity, justice, and institutional reform is growing louder.

THIS DAWN

‘Because our leaders live by bread alone’

By Martins Oloja

As a minister of the word, I would like to preach today some words of life to our people, especially our duty bearers, our leaders that God has given onerous responsibilities to run Nigeria to the glory of His name. It has become clearer to the people of this country now that most of our dealers, sorry leaders at all levels appear to have derailed and come short of the glory of God.

But I believe the revelation and engrafted word of that same great God who opens a door that no man can shut. I know that His mercy never comes to an end and His steadfast love for us never ceases: they are new every morning, great is His faithfulness…I have no doubt here that our Father in Heaven has a purpose for Nigeria He created to fulfil destiny as the world’s most populous black nation. And as the earth remains, seedtime and harvest time shall not cease for Nigeria. And no strange political meeting even in nay evil forest can affect the purpose of God for a country that the whole of black race has been waiting for.

Whether the enemies of Nigeria like it or not, the wickedness of the wicked concerning Nigeria shall come to an end sooner than later. How do I know that? It is also written that it will come to pass that when God is through with the purge of Nigeria, we will even seek diligently for the place of the wicked and we will not find it. That isn’t my word. It is the promise of the God of all creation who has been called upon to direct our noble cause.

And so, let the wicked in Nigeria get this loud and clear again: when that same God shuts a door on the wicked, no man can open it. It isn’t my word. It is one of His promises for us. And no man is powerful enough to change that. Behold, I would like to preach to our leaders at all levels that they should embrace two constructs in the ancient words that are ever so true as Michael W. Smith testifies: that they should ask God to ‘teach them to number their days, that they may apply their hearts to wisdom’. More important in this homily today is the proverb of the Great Master that, ‘Man Shall Not Live By Bread Alone…’ This is the word of life, ancient word I would like us to learn from today. Yes ancient word that will save our nation from suffering and shame already staring and kicking us in the face. Remember the power of the ancient word as enunciated in a song by the iconic Michael W. Smith:

Holy words long preserved for our walk in this world;They resound with God’s own heart; Oh, let the Ancient words impart. Words of Life, words of Hope Give usstrength, help us cope; In this world, where e’er we roam; Ancient words will guide us Home; Ancient words ever true; Changing me, and changing you; We have come with open hearts; Oh let the ancient words impart; Holy words of our Faith; Handed down to this age; Came to us through sacrifice; Oh heed the faithful words of Christ.

Holy words long preserved; For our walk in this world; They resound with God’s own heart; Oh let the ancient words impart….’

Brother Smith has thus assisted in telling us that only the ever-true ancient words that have been preserved for our walks in this wonderful world can change you and me. He says they are holy words of hope that can give us strength to cope in this world and the words are powerful enough to guide us home. Reason: the words that I want to rely on this day resound with God’s own heart. And so let all our leaders allow the ancient words to impart this morning so that we can deftly manage Nigeria’s theatre of drama of death that is already threatening to further divide us. I want to preach therefore to our leaders to desist from living by bread alone as the ancient words from the throne of grace have enjoined us.

Yes, the Master was tempted by the satanic forces to bow to physicality and lose his mission and his spiritual essence. The proverb ‘man shall not live by bread alone’ means that human beings need more than the simple necessities to keep them biologically alive. They need things that feed them mentally, spiritually, aesthetically, and they need things that give their lives meaning. Sadly, that is what our leaders can’t understand. They acquire only the food they don’t need and they keep for only their great grand children. They don’t even remember mental, spiritual and other needs for posterity. Our leaders have their bellies as their god. They are living by bread alone. They don’t remember weightier matters of the law, order and governance.

They don’t serve humanity. They define democracy as government for the belly, for their welfare and security but against the people they are elected and appointed to serve and provide security and welfare for. Here is the organic story of ‘Man Shall Not Live By Bread Alone…’

In the Book of Matthew, Jesus, while being tempted by the devil, rebukes him by saying, ‘Man shall not live by bread alone, but on every word that comes from the mouth of God’.Why did Jesus reply with this? He is actually quoting Deuteronomy 8:3, reminding the devil that we are to obey God, walk humbly before Him, and rely on Him and combat the need to satisfy the flesh. That is the only thing bread does – satisfy the flesh.

But is that where it ends? Not at all! This story goes deeper than that.When Jesus was tempted by the devil to turn stones into bread Jesus responded ‘Man cannot live by bread alone’. But he was not speaking so simply. He is a deep calling to the deep! It’s well known that bread is the most widely consumed food in the world. It’s an important source of essential carbohydrates for daily energy. But if it is so important, why would Jesus say man cannot live on it alone? The Master is speaking beyond the needs of the human body. He is referring to the needs of a human being as a whole, which consists of a body, soul, and spirit.

“It is the Spirit who gives life; the flesh is no help at all. The words that I have spoken to you are spirit and life” (John 6:63).

What we should understand is that the devil wanted Jesus to satisfy his flesh. If the devil could strengthen the flesh, he knows it will weaken the spirit.

Jesus understood that the flesh does not profit. His response shows us that it is the spirit that matters. His words are spirit and life. As we live by physical food to sustain our bodies, we are called to also sustain our spirits with the word of God. Our leaders need to reflect on this message today: that they don’t need all the money they are storing for the need of their physicality. That attitude nurtured by their greed is the trouble with Nigeria. It isn’t about religion. It isn’t about Christian-Christian or Muslim-Muslim ticket we are worried about. Jesus I just talked about didn’t come to impose religion. He came as a servant leader to save mankind through sacrifice and humility in fulfilling his mission on earth. He was powerful but humble to the point of death on the cross. He was poor that we might be rich. He once said, ‘birds have nests, foxes have holes but the son of man had nowhere to lay his head’. He had no house. Yet he went about doing good. He recruited a passionate ‘terrorist’, Saul, changed his name to Paul who eventually wrote two-thirds of the New Testament of the Bible. He (Jesus) changed Paul for God’s sake, used a cabinet of 12 ordinary men to disrupt the world system till the present. He didn’t impose religion. What have our leaders in this part of the world done with their cabinets since 1999?

Let’s see another example of a man God also used to build where our leaders always hibernate these days, United Arabs Emirate (UAE). The man wasn’t a religious bigot. The man simply used his integrity to build the foundation of UAE. The good servant leader, Sheikh Zayed bin Sultan Al Nahyanwas an Emirati politician, statesman, and philanthropist who served as the first president of the United Arab Emirates from 1971 until his death in 2004.

He is credited as the founding father and the principal driving force behind the formation of the UAE, uniting seven emirates. Understanding the UAE is impossible without studying the life of Sheikh Zayedand his deep faith, his vision, his determination and hard work, his generosity at home and abroad and the way he devoted his life to the service of his people and the creation of a better world. He didn’t live by bread alone. His God wasn’t his belly. According to Mohammed Al-Fahim, author of ‘FROM RAGS TO RICHES: A STORY OF ABU DHABI:

In 1952, just when he needed every rupee he could lay his hands on to feed and clothe his own family, the Saudis offered him forty two million dollars to give up his fight against them and their claim on Buraimi. It was an astounding amount of money – overwhelming to Sheikh Zayed who scarcely had one hundred rupees in his pocket at the time and less than a week’s supply of food in his palace. But because he believed in what he was doing and because he is a selfless man, he turned the bribe down proudly. He told the Saudis he did not want their money: he was interested only in the welfare of his people and his homeland. No amount of money could buy his loyalty or change his determination to achieve a peaceful settlement giving the people of Abu Dhabi what was rightfully theirs. The bribe was so incredible that it was registered in the ‘Guinness Book of World Records’ as the highest ever offered to anyone in the world. Sheikh Zayed refused to sell out. He stuck to his guns, and to his principles, maintaining that Al Ain and its environs were part of Abu Dhabi. No amount of money could convince him to sell out. His loyalty never was, never is, and never will be for sale. He is a man of honour who stands proudly for what he believes in.Sheikh Zayed believed strongly that the revenues that were being generated as a result of the oil royalties should be used to develop Abu Dhabi.

Why do most Nigerian leaders love to fly to UAE for pleasure business and children’s education without studying the biographies of great men who build the Emirate? Why do our leaders live by bread alone?

*The foundation of this article was The Guardian, Sunday August 28, 2022 when it first appeared.

The views expressed by contributors are strictly personal and not of Law & Society Magazine.

Eyo carnival will boost Lagos economy -Convener of Tinubu’s Support Group, Kemi Olokode-Ayelabola

The Chairperson and Conve­ner of Asiwaju Renewed Hope (ARH’23), Kemi Olokode-Ayelab­ola has added her voice to the upcoming Eyo masquerade festival noting that it would have a huge impact on Lagos economy, estimating that the state could benefit billions of naira from the festive activities, come December 27, 2025.

Kemi, a behavioral, developmental and child/young persons care professional, in a statement she signed and made available to newsmen on Wednesday, said the resuscitation of the festival and the infrastructural development in the state were in line with the roadmap laid down by the former Governor of Lagos State who is now President and Commander-in- Chief of the Armed Forces of Nigeria, Asiwaju Bola Ahmed Tinubu, GCFR.

She also commended the Governor of Lagos State Mr. Babajide Olushola Sanwoolu for creating an enabling environment where cultural and religious harmony are reigning. The ARH convener also hailed organisers of Eyo Carnival, led by Olori Eyo and Akinsiku of Lagos, Chief Adebola Dosunmu, saying that the festival symbolizes unity among Nigerians not just the people of Lagos.

Kemi stressed that the festival will as well give business opportunities to artisans, including those who sew thousand uniforms for masquerades as well as drivers, musicians, food vendors, artistes among others to make money for themselves.

Her statement reads in parts, “I have no doubt that the reactivation of the Eyo festival will generate billions of naira to the economy of Lagos State, a mega city by all standards. Beyond the economics, the masquerades will also add to the esthetic value of the state and further serve as a testament to Lagos heritage and identity.

“This great cultural remembrance, is well thought out to boost the rich culture and traditions of Lagosians, and this is happening eight years after the festival held on May 20, 2017. More interesting is the fact that this year’s festival honours eminent Lagos personalities whose legacies continue to define the state. However, I will like to advice revellers to celebrate in moderation and make the 2025 Eyo Carnival to be peaceful, harmonious, orderly and to also embody the essence of the festival. I equally wish everyone merry Christmas and a prosperous 2026,” Kemi stated.

Why the CJN must end abuse of power in judicial appointments

By Chidi Anselm Odinkalu

“A Judge who takes advantage of the judicial office for personal gain or for gain by his or her relative or relation abuses power…. such abuse of power profoundly violates the public’s trust in the judiciary.”

Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, Rule 8:3 (2016)

Eight and a half years ago, in May 2017, a viral audio clip circulated which was said to be a conversation between a male Senator of the Federal Republic of Nigeria and a female judge who, in the preceding year, presided over an election petition involving the Senator. In the sound-clip, both could be heard importuning one another. The female voice asked the Senator to ensure that whatever he delivered, he must “make it in USD” and sought reassurance from him in securing a job for her daughter in the public service of one of the states of the Niger Delta. The male voice seemed deeply solicitous of her wishes in a conversation that did not leave much to the imagination in terms of both the subject matter and the quid pro quo.

It was believed at the time that the sound-clip involved a judge who served at the head of an election tribunal that dismissed a petition against the Senator in respect of a contest for a seat to the upper chamber of the National Assembly in one of the States in the Middle Belt of Nigeria in the 2015 general elections. A subsequent petition to the Economic and Financial Crimes Commission by some non-governmental organisations for an investigation into the sound-clip and its contents ultimately yielded little.

The principal characters in the dramatic sound-clip have since then gone on to prosper in a fashion that Nigeria uniquely makes possible. After being eventually extinguished from his seat, the distinguished Senator opted to read for a degree in law. The contents of the sound-clip were not an issue when in July 2025, first the Body of Benchers admitted him to the Nigerian Bar and then the Supreme Court duly enrolled him to practice as a lawyer in the country.

In February 2021, the judge widely alleged to have been the voice in the sound-clip rose to become the Chief Judge of a State High Court in one of the six states of the Niger Delta.

It appears the daughter mentioned in the sound-clip eventually got the promised job. Her career as a State Counsel prospered in meteoric fashion. 13 years into her life as lawyer, in the last quarter of 2025, she got promoted to become an Assistant Director in the Ministry of Justice. In the second week of January 2026, she will visit Abuja where a committee of the National Judicial Council (NJC) presided over by a senior Justice of the Supreme Court will interview her for the highly coveted position of a seat on the Bench of the Federal High Court. She goes in with insider advantage against a candidate ten years her senior at the bar and who, it seems, was actually was ahead of her on merit.

That seat is one of 14 judicial vacancies in the Federal Hight Court to be filled in the first quarter of 2026. In all, the NJC committee is reportedly scheduled to interview 28 candidates over a period of three days. 24 of the candidates are from twelve states and territories in Nigeria, namely: Abia, Akwa Ibom, Cross River, Enugu, Imo, Kaduna, Kwara, Plateau, Sokoto, Taraba, Zamfara, and the Federal Capital Territory (FCT).

The NJC Committee will include at least two retired Justices of the Supreme Court; a retired Justice of the Court of Appeal; the current president of the Nigerian Bar Association, and one of his more recent predecessors. The Committee will also interview four candidates from Nasarawa State, which has two vacancies.

The Federal Judicial Service Commission (FJSC) did the shortlisting for the 28 candidates. That stage of the process involved, among other evaluations, a computer-based test (CBT) and an aptitude test in relation to both of which each candidate is scored but the scores are not published. It is no surprise that such an opaque process lends itself to deserved controversy around three issues.

 First, some “unsuccessful” candidates have accused “judicial authorities of manipulating results and shortlisting candidates who allegedly failed the qualifying examination.” It is claimed that some of the candidates on the final shortlist of 28 scored as low as 30% or even 25%. One person alleged specifically that “the name of the person who scored the highest in the test was excluded from the list”, claiming that the person was a candidate from a state in south-east Nigeria. This will not be a first time that such an allegation will be made in relation to judicial appointments into the Federal High Court. As long as the FJSC and the NJC remain unwilling to publish the scores of all the candidates, it is impossible to discount these allegations. 

Second, at its 108th meeting on 29-30 April 2025, the NJC decided that “henceforth, the FJSC, all judicial service commissions or committee of the FCT, shall publish the names of all candidates recommended for judicial appointment. The primary objective of this initiative is to solicit comments from the general public regarding the integrity, reputation, and suitability of these candidates for judicial office.”

At the time, this seemed impressive. In reality, it was a sleight of hand. The grounds for public input at this impractical stage defined by the NJC are limited to issues of “integrity, reputation, and suitability” of the recommended candidates. But if a decision has been made to recommend a candidate, then these issues would already have been considered. In effect, by the time a candidate is “recommended” for judicial office, the effective opportunities for public objection have in fact been foreclosed.

Third, therefore, the only viable ground at this stage for objection to the process would be the integrity of the appointment process itself. This is arguably the most important issue engaged by this present appointment round into the Federal High Court Bench. Rule 11(iv) of the Judicial Code of Conduct requires that “in the exercise of his administrative duties, a Judicial Officer should avoid nepotism and favoritism.”

Yet, it is difficult not to look upon the short-list that the NJC committee will be interviewing next month as anything other than an advertisement of nepotism and favoritism. The list is rich with children or candidates of serving or retired senior judges, some of them involved in the process.

The judicial daughter mentioned earlier in this piece is by no means the only insider on the list. The candidate to be appointed from Kaduna State, for instance, is guaranteed to be a second generation judge; both candidates to be interviewed from the state are scions of former judges. Of the two candidates from Abia State, one is the child of a serving judge.

Akwa Ibom State also features a preferred candidate who works with and is adopted by a serving senior judge who may himself even be involved in the interview process. Taraba State has a similar story and these are just random examples.

This pattern populates the entire shortlist without disguise or shame.

Humanity elsewhere does not know a thing like the judicial gene. It only exists in Nigeria. One tweep describes what passes for judicial appointment process in Nigeria as “filiality via conjugality.”

It seems evident that Nigeria’s process of judicial appointments has become largely performative, rigged to the pre-determined end of preferring children into judicial hereditaments occupied or recently vacated by their parents or patrons. Rather perversely, the so-called reform decided upon by the NJC in April 2025 of publishing the names of candidates “recommended” for judicial office is designed entirely to lend legitimacy to a pre-determined process in clear violation of the Judicial Code of Conduct.

The Chief Justice of Nigeria (CJN) has an opportunity in this present round of hires to the Federal High Court Bench to course-correct. As a first step, she should publish the scores of all candidates throughout the process. That will reassure the public about her commitment to liberating judicial appointments in Nigeria from continuing abduction by the forces of capture, conjugality and abuse of power.

A lawyer and a teacher, Odinkalu can be reached at [email protected]

The views expressed by contributors are strictly personal and not of Law & Society Magazine.

When a tax law is an illegality

By Farooq A. Kperogi

What began as a routine legislative reform of the Nigerian tax system by the Bola Tinubu administration has transmogrified and metastasized into an allegation of unexampled transmutation of a duly passed law to an illegality. 

It’s by now well known that a law passed by the National Assembly and assented to by the president may have been materially altered after assent and then presented to the public as binding law. If this allegation is established beyond all shadows of doubt, Nigeria would be confronting the specter of an illegality fraudulently constituted as law.

Interestingly, the discovery wasn’t brought to public notice by secretive, conscientious whistleblowers in the bureaucracy or from eagle-eyed civil society audits. It came from within the legislature itself. 

A member of the House of Representatives, Abdulsammad Dasuki, raised a point of privilege after personally comparing the harmonized bill passed by both chambers with the version of the tax laws published in the official gazette. He found that the documents did not match. 

His discovery was the product of days of rigorous, studious and painstaking examination of Votes and Proceedings, committee harmonization records and the gazetted text. He realized that he voted for one thing, but the country was being governed by another.

That intervention sparked a chain reaction. Other lawmakers requested certified true copies of the assented bill to verify whether the president had signed the same text that was now in circulation. According to multiple reports, those requests were denied. The refusal to release certified copies deepened suspicion and transformed what could have been dismissed as a clerical misunderstanding into a full-blown institutional crisis.

When legislators are blocked from seeing the law that they passed and that the president signed, the issue verges on criminal constitutional transgression that must not be swept under the carpet.

While full official disclosure is still pending, several discrepancies have been repeatedly cited by lawmakers, journalists and civil society groups. These include expansions of the discretionary powers of tax authorities beyond what the National Assembly approved, alterations to reporting and oversight obligations, changes in enforcement thresholds, and adjustments that potentially increase executive control over revenue administration.

These are not innocent, unintentional clerical slips. They go to the meaning, scope and intent of the law. In short, they change who has power to tax Nigerians, how that power is exercised and to whom it is accountable.

The distinction matters. All legislative systems experience clerical errors. A misplaced word or a misnumbered section does not invalidate a statute. But when alterations confer new powers, remove safeguards, or shift institutional balance, they cross from error into illegality. 

A gazette cannot lawfully create what the legislature did not enact or what the president did not assent to. Publication is supposed to merely provide evidence of the existence of the law. It can invent a law that hasn’t been passed. 

The official responses so far have been evasive and contradictory. Government representatives initially insisted that there was only one authentic version of the law and that claims of alteration were partisan, ill-natured rumors. But that posture is difficult to reconcile with subsequent developments. 

For example, a December 26, 2025, press statement signed by Akin Rotimi, House Spokesman and Chairman of the House Committee on Media and Public Affairs, said the National Assembly has now constituted an ad hoc committee to investigate the sequence of events from harmonization to assent to gazetting. 

More tellingly, Rotimi said, the leadership of the legislature has directed that the tax laws be re-gazetted and that certified true copies of the versions duly passed by both chambers be issued.

Re-gazetting is not a neutral act. It is an implicit admission that the existing gazette cannot be confidently treated as an accurate record of legislative intent. If nothing were amiss, there would be nothing to authenticate. The attempt to frame this as a routine administrative clarification rings hollow. Laws are not re-gazetted in the absence of doubt about their authenticity.

Supporters of the government have urged the public to trust the president’s integrity and to avoid speculation. The issue, however, is not whether the president is personally trustworthy but whether the law now being enforced is the law he signed. No amount of rhetorical reassurance can substitute for producing the signed text and allowing a side-by-side comparison with the gazetted version.

There is no precedent in the world that I have found for this kind of illegality. In the United States, the much-cited Deficit Reduction Act controversy of 2006 involved a discrepancy between House and Senate versions due to a clerical transmission error. The president signed the enrolled bill that was presented to him. 

Courts upheld it under the enrolled bill doctrine, which treats the signed text as conclusive. Crucially, there was no claim that the law was altered after presidential assent.

In the Philippines, in 1964, there was a case where the wrong version of a bill was signed by the president. Legislative leaders later disowned the enrolled copy and treated the signature as invalid. Again, the error occurred before or at assent, not after. Once discovered, it was confronted as a mistake. It wasn’t normalized.

Nigeria’s case, if the allegations are borne out, is more disturbing. Here, the claim is that the president signed the correct bill but that the authoritative law published afterward materially departs from it. 

Comparative constitutional practice offers no comfort here. Stable legal systems do not recognize post-assent textual mutation as valid law. Where gazetting errors occur, they are corrected. They do not become the basis for enforcement.

This raises an unavoidable question: why would anyone alter a law after it has been passed and signed? Motives can only be inferred from circumstantial evidence, but the inferences are troubling.

 Expanding the powers of tax authorities in a period of fiscal stress creates incentives for bureaucratic overreach. Removing or weakening legislative-oversight provisions reduces accountability. Centralizing discretion in the executive arm simplifies revenue extraction while insulating decision makers from scrutiny. These are not abstract possibilities. They align closely with the specific alterations that have been alleged.

There is an even more unsettling implication. If a major tax reform law can be altered after assent without immediate detection, what confidence can citizens have in the integrity of other statutes? Nigeria has passed hundreds of laws over the years, many of them technical, complex and rarely scrutinized line by line after gazetting. The discovery of this discrepancy raises the chilling possibility that post-assent alterations may not be unprecedented in practice. 

That possibility should alarm every Nigerian regardless of political affiliation. Law is the foundation of collective life. If the text of the law is unstable, if it can be surreptitiously modified after constitutional procedures have been completed, then legality itself becomes provisional. Governance slides from rule of law to rule by document manipulation.

The seriousness of this violation cannot be overstated. If officials altered the tax law knowingly, they did not merely breach administrative rules. They subverted the Constitution. Such conduct would amount to forgery, abuse of office and an assault on democratic sovereignty. It would mean that Nigerians are being taxed under provisions that were never lawfully enacted.

This is why a thorough, transparent investigation is not optional. It must establish a clear documentary chain: the harmonized bill passed by both chambers, the exact text transmitted for assent, the document signed by the president and the version published in the gazette. Any divergence must be accounted for, step by step, with named responsibility. Institutional reviews that end in vague recommendations will not suffice.

If culpability is established, punishment must be severe. Anything less would invite repetition. As I always say, there is no greater enabler of habitual relapses into the same crime than the absence of consequences for committing the crimes. 

 The alteration of law after assent is not a victimless bureaucratic shortcut. It is a constitutional crime with nationwide consequences. Deterrence requires more than quiet corrections. It requires accountability that is visible, proportionate and unmistakable.

This episode can either be buried under procedural language and political loyalty, or it can become a moment of constitutional self-correction. A tax law that is an illegality cannot be the foundation of fiscal reform. The integrity of the lawmaking process is itself a public good. Without it, no reform, however well intentioned, can claim legitimacy.

The views expressed by contributors are strictly personal and not of Law & Society Magazine.

Terrorists slam ₦8million tax on Zamfara community for killing their commander

For killing their leader, a band of terrorisits have threatened the lives of residents of Kaya village in Maradun Local Government Area of Zamfara State and imposed a levy of ₦8 million on the community.

The residents said the tax is a retaliatory move following the killing of a notorious bandit leader during a recent security operation.

Sources in the area told SaharaReporters that the threat was issued on Tuesday, plunging the village into fear and uncertainty. 

The levy is reportedly being imposed on residents as punishment for the death of Isuhu Buzu, a known bandit commander, who was killed during a joint operation involving the Zamfara State Community Protection Guard (ZCPG) and members of the Civilian Joint Task Force (CJTF).

According to a Katsina-based security expert, Malam Bakatsine, residents, however, denied any involvement in the incident, insisting that the community had no link to the operation that led to Buzu’s death. 

They described the levy as an act of collective punishment against innocent civilians.

The threat has heightened tensions in the community, with residents expressing concern over possible violent reprisals, loss of lives, and destruction of property if the demand is not met.

Community leaders have appealed to the Zamfara State Government and security agencies to urgently intervene by deploying more security personnel, intensifying patrols, and securing Kaya village and the surrounding communities to prevent further violence.

They warned that civilians should not be made to bear the consequences of counterterrorism operations, stressing the need for proactive measures to stop armed groups from carrying out revenge attacks.

Sahara Reporters

The Detty December Arbitrage: Must all good things come to an end?

By Feyi Fawehinmi

Early in November, the Financial Times published a story about an oil trader called Christopher Eppinger. The gist of it was that Eppinger, a 31-year-old German, had managed to make $250 million for himself in the space of 30 months by trading $2 billion worth of oil. The piece explained the specific opportunity he had taken advantage of:

Following the 2022 invasion, Western powers responded to Russian aggression with wide-ranging sanctions, and several of the world’s biggest traders, such as BP and Shell, quickly ceased all dealings with the country. Privately held commodity giants, meanwhile, pared back large parts of their business. Because oil was ultimately deemed too important to the global economy, the West eventually settled on a price cap designed to allow Russia to keep exporting while limiting the revenue it could earn. And so, a handful of risk-takers stepped in to profit from doing business that others were reluctant to touch.

The price cap proved especially helpful, Eppinger said. “It was a little bit of a black box” to begin with, and then “I was sure I [could] do it in a legal structure”. Eppinger sipped on his Coke Zero. Had there been a complete embargo, as some traders had expected, then he would not have touched Russia at all. “Then I would’ve been a criminal.”

The core arbitrage was between “tainted” Russian-origin fuel oil that few Western players would touch and the continued strong demand and higher prices for compliant marine fuel and diesel from refineries and traders that wanted legal and reputational cover. Russian producers and associated middlemen had to offer large discounts because many oil majors and banks pulled back, and financing was scarce, meaning that oil could be bought cheaply, and on open credit.

At the same time, end buyers such as Uniper, Vitol, Raízen and others still needed product in places like Fujairah, Brazil and China and were willing to pay close to prevailing market prices provided they had documentation showing compliance with sanctions or non-Russian/blended origin. In other words, the classic arbitrage appeared – the same thing had two different prices and if anyone was smart and quick enough to bridge that price gap, they could pocket the difference for themselves

Eppinger’s company, CE Energy, bought heavily discounted fuel oil and other products that were originally Russian but, by the time Eppinger took ownership in Fujairah tanks, carried certificates stating they had been blended in the UAE or otherwise no longer had Russian origin, which his lawyers treated as sufficient under the price-cap rules. He then resold this product down the chain (e.g. via Gulf Petrol Supplies to Uniper, and directly to Vitol and others) at much higher, near-market prices, capturing the spread created by sanctions-driven discounts, limited competition, open-credit from Russian-side suppliers, and buyers’ willingness to pay up for compliant oil.

The Detty December Arbitrage
The explosion of diaspora returnees in December 2023 was impossible to miss, driven almost entirely by the Naira’s collapse after President Tinubu’s May inauguration. The message circulating back then was that Nigeria was on sale. A mere £100 converted to Naira allowed returnees to live like kings. ‘Detty December’ became less about culture and more about arbitrage – a window where the ‘IJGB’ set could procure leisure and luxury services – from nightlife to personal grooming – at a fraction of the cost required in the UK or US.

A year later in December 2024, you could still see and hear stories about this arbitrage opportunity. Here for example, is a story from New Lines Magazine from a year ago:

Finding a stylist in the U.S. who was well-schooled in hair braiding was challenging enough; finding one who could undertake celebration-ready, knee-length braids and not break the bank was nigh on impossible. But not in Lagos.

Asimobi’s tailor recommended a salon near her hotel — a sleek, upscale place with long mirrors, soft seats, complimentary drinks and snacks, and a veritable army of nimble-fingered stylists who crowded around to coif her to perfection in about four hours. The bill? Just 32,000 naira ($21). Even with a 6,000 naira tip, a hairstyle that would have cost hundreds in the U.S. rang up to about $25. So of course, Asimobi made a TikTok about it.

She’s not the only one. Hundreds of videos have cropped up on the platform showing tourists lounging in salon chairs, sipping a drink and scrolling away as a team of braiders tackles the task of bringing their celebration ’dos to life — all while the tourists brag about the relatively affordable price. But as more and more diaspora Nigerians come for Detty December and spread the word on social media about the services they’re getting for a steal, stylists have begun raising prices for the high season, and locals are being priced out of the salon chair.

Naturally, this economic distortion came at a cost. As the diaspora bid up prices, they created an inflationary pressure that alienated residents earning in Naira, effectively pricing them out of their own city. I witnessed the aftermath firsthand during a visit in January, once the Detty December frenzy had subsided. Seeking to satisfy a craving for amala, I was directed to a place called Nest in Victoria Island. After enduring the requisite Lagos traffic, I arrived only to find the establishment was closed for what they claimed was “deep cleaning.” While waiting for a taxi, I asked a staff member about their December. Her face lit up with a knowing smile – business had been excellent. The subtext was that the seasonal spike allowed them to compress months of profit into mere weeks. The result was exclusion for the locals and a degradation of standards; having secured their windfall, the business felt comfortable arbitrarily shutting down for a day.

End of Arbitrage
Eppinger’s arbitrage effectively ended when US sanctions policy shifted to explicitly target Dubai-based intermediaries trading Russian oil at any price, which broke the open-credit, low-competition conditions that had made the trades so profitable. He halted all Russian-related trading after US president Joe Biden’s administration imposed sanctions on several Dubai-based traders involved in Russian oil, meaning that even price-cap-compliant deals could now trigger penalties. This new enforcement stance made the legal and political risk too unpredictable for him and his lawyers, closing off the “black box” space in which documentation and price-cap compliance had previously been enough to operate.

Those sanctions and the increased scrutiny meant Russian-side suppliers were no longer willing or able to extend the generous open-credit terms that had allowed a tiny firm like CE Energy to intermediate billions in cargo with minimal capital. Once that cheap-credit, high-discount, low-competition environment disappeared, the spread he was capturing shrank and the risk-return profile flipped, so he shut the Russian book and pivoted to seeking bank financing for non-Russian trading.

This year the unmistakeable message from Detty December pilgrims is that arbitrage opportunity is over. Social media is awash with stories of “greed” causing prices to spike completely out of sync with reality. The beauty influencer Laura Ikeji claimed that the braids she had done for N70,000 just before Detty December officially opened was now getting quoted at N200,000. Perhaps the most egregious is people having the bookings they made earlier in the year cancelled so the suppliers could resell them at much higher rates.

Ultimately, we can view this as the straightforward conclusion of an arbitrage play. If braiding hair costs ₦50,000 in one market and ₦200,000 in another, the influx of travellers seeking to exploit that ₦150,000 spread sends a clear signal. Local vendors, realising they have been underpricing their labour, naturally move to capture as much of that ₦150,000 surplus as possible. In time, prices converge to the point where the trip is no longer economically rational, and the Eppingers of hair braiding are forced to seek their bargains elsewhere.

But is that all?
Yet in Nigeria, straightforward explanations rarely suffice. A recurring pattern emerges instead: any new opportunity, however promising, quickly collapses into a frenzy that ensures its own demise. From Detty December to fresh immigration pathways (Nigeria remains the only African country barred from the US Visa Lottery after rapidly exhausting its allocation), the same dynamic takes hold – a collective conviction that whatever is available today will vanish tomorrow, triggering a rush to claim as much as possible, as quickly as possible. And in a nation of 200 million people, even a modest proportion engaging in any activity translates into staggering absolute numbers.

This same dynamic can be seen in some of the mindless corruption cases that capture the public imagination. Someone put in custody of public funds proceeds to help themselves to as much of it as possible with the remorseless logic that this is their one opportunity to never ever be poor again.

The defining feature of a poor country is of course that there is simply never enough of anything. There are not enough houses, not enough roads, not enough hospitals and, in the case of Nigeria, not enough food. Once can see all of this in the airport queues and maddening traffic in Lagos as everyone tries to be outside at the same time. All of which end up reinforcing the self-defeating feeling that maybe nothing good can last for very long around here.

Is this all a bit too much philosophising over Detty December? Perhaps, but this was one of Nigeria’s first export products in a very long time where the vast majority of value could be captured domestically – to partake, you had to physically be in the country, meaning a real boost for local businesses. If we have witnessed its peak this year, that will have real economic costs. I am reminded of the Yoruba aphorism that if you’re not going to eat something, the last thing you should do is take it anywhere near your nose. Detty December pilgrims may come armed with “hard currency,” but they also save for practically the whole year to be able to unwind in Nigeria in December. If in just two years prices have ratcheted up to the point where making the trip is no longer affordable, then is it better to have not loved at all than to have loved and lost?

New Equilibrium
Detty December will of course not die. The other way to think about this is that the bubble might burst and things settle at a new equilibrium. People will still go back to Nigeria for a jolly in December. There will still be concerts and parties to attend and friends and families to fellowship with. And one can easily fall into the temptation of extending what is mainly a Lagos phenomenon to a Nigeria wide one – what is Detty December to a man in Yobe or Benue? For the vast majority of Nigerians, life goes on as normal.

We are left, however, to wrestle with a stubborn question: why is international price competitiveness so elusive for Nigeria? Why can the nation not cultivate a sustainable edge that outlasts a fleeting boom? The fact that Nigerian oil costs significantly more to extract than that of its global peers is a telling indictment. These questions strike at the very heart of the country’s economic viability. In a hyper-connected world where technological advancement ensures no nation holds a permanent monopoly on natural resources, the inability to compete on efficiency is a strategy for irrelevance.

If the Detty December arbitrage is over, it is because the country has once again priced itself out of a unique opportunity.

‘Relief Is on the Way’: Death row inmate Sunday Jackson speaks after Adamawa Governor grants clemency

Sunday Jackson, one of Nigeria’s most prominent death row inmates, has broken his silence after Adamawa State Governor Ahmadu Umaru Fintiri exercised his prerogative of mercy in his case, ending what supporters describe as one of the gravest miscarriages of justice in the country’s history.

In a message shared with supporters around the world, Jackson expressed gratitude to his family, faith community, and an international network of advocates who campaigned for his freedom.

“I am also grateful. I thank my parents and my children, and I encourage them to continue praying,” Jackson said. “By God’s will, relief is on the way. I sincerely appreciate the prayers of the general public who wish to see me regain my freedom.”

He added that the support he received extended far beyond Nigeria. “People all over the world have stood by me…not only from Nigeria, but from outside the country, where many have spoken strongly about my case. May God bless them all and grant all their good wishes.”

‘A Symbol of Everything Wrong With Nigeria’

Jackson’s legal counsel and international human rights advocate, Emmanuel Ogebe, Esq., welcomed the pardon, describing it as the end of a long-running injustice.

“I received with elation the delightful news that Governor Fintiri exercised his prerogative of mercy in favour of my death row client Sunday Jackson,” Ogebe said, calling the case “one of the worst miscarriages of justice in Nigerian history.”

According to Ogebe, Jackson—who spent 11 years on death row—became “the most famous Nigerian on death row” and a symbol of systemic failure.

“A country that cannot protect its citizens from mass murder condemned to death a citizen who protected himself from murder,” he said.

International Pressure and Unlikely Forgiveness

Ogebe acknowledged the role played by Nigerian authorities as well as the U.S. and UK governments, which raised concerns over the case, alongside traditional leaders, including the Hama Bachama, who intervened.

He also paid tribute to Ardo Bawuro, father of the deceased herdsman involved in the original incident, for what he described as “forgiveness, graciousness, and magnanimity.”

Ogebe said Bawuro’s conduct should be publicly recognized for challenging harmful stereotypes and promoting reconciliation.

A Life Lost to the System

Despite the pardon, Ogebe stressed that clemency alone does not undo the damage done.

“Jackson should never have spent a day in prison, much less 11 years,” he said.

During his incarceration, Jackson lost his home in a violent attack, lost his marriage, and missed more than a decade of his daughter’s life—learning of her existence only when she was six years old.

“She lost having a father for all her life,” Ogebe said.

Calls for Legal Reform and Compensation

Supporters argue that Jackson’s release must mark the beginning—not the end—of reform.

Ogebe called on the Supreme Court to revisit the judgment that upheld Jackson’s conviction, saying it set a “dangerous precedent” that undermines natural justice and the right to self-defense.

He also urged the National Assembly to amend Nigeria’s laws to clearly define self-defense and prevent similar cases, and demanded compensation for Jackson’s years of wrongful incarceration.

“The state saved him from death at the hands of the state,” Ogebe said. “But justice demands more.”

‘God Have Mercy on Nigeria’

As celebrations over the pardon continue, the case has reignited national debate over Nigeria’s criminal justice system, the death penalty, and the protection of citizens in a country plagued by violent insecurity.

“God bless Adamawa State,” Ogebe said in closing. “And God have mercy on Nigeria.”

A Christmas message to our readers

In 1872, a police officer in Washington, D.C., stopped President Ulysses S. Grant for reckless driving. The officer, William West, knew exactly who Grant was—and still did his duty. “I am very sorry, Mr. President,” he said, “but duty is duty.” He arrested the most powerful man in the country.

That moment endures because it captures the quiet courage at the heart of justice: the refusal to bend the law for power, status, or privilege. Grant understood this. He praised the officer and ensured he kept his job. So does Scripture, which reminds us that justice collapses when favouritism enters the room, and that love of neighbour must never be selective.

At Law & Society Magazine, this principle guides our work. The law must speak with one voice—whether to the powerful or the powerless, the celebrated or the forgotten. Christmas reminds us that grace itself was given without favouritism, to a world that had nothing to offer in return.

As this year draws to a close, we thank you—our readers, contributors, and partners—for staying with us through every issue, every difficult question, and every urgent conversation. Your loyalty affirms that principled journalism still matters, and that duty, done quietly and faithfully, still changes society.

This Christmas, may we all find renewed strength to stand where justice stands, to serve without fear or favour, and to carry that light into the year ahead.

Thank you for walking this journey with us.

No court order to release Abubakar Malami, SAN, has been served on EFCC or my law office — Chief J.S.Okutepa, SAN

I have been inundated with calls and messages from professional colleagues and other well meaning Nigerians who want to know why as the lead counsel to the EFCC, I have not prevailed on the EFCC to release the former Attorney General of the Federation, Abubakar Malami SAN, despite an alleged court orders that was made ex-parte which allegedly granted him bail on the 23rd of December 2025.

Those who made these calls drew my attention to a press statement released by someone who claimed to be an aide to Abubakar Malami SAN and who alleged that despite a court order for the release of Abubakar Malami SAN, the EFCC is still holding and or detaining Abubakar Malami SAN illegally. For avoidance of doubt, I state categorically on my honour that as at the time of this statement, no court order has ever been served on my law firm or the EFCC.

I just read of the alleged orders on social media when my attention was drawn to it and forwarded to me. But let me say it with respect that within my limited knowledge of law and given the facts as I know and which facts are also known to Abubakar Malami SAN and his legal team, it would be most bizarre, and too surprising for any judicial officer to grant bail Ex-parte to a criminal defendant without putting the detaining authority on notice.

It would, with profound respect, be most, absurd, bizarre and a gross professional misconduct in an infamous manner in the legal profession for any legal practitioner to make an application Ex-parte to release a criminal Defendant on bail, given the facts that are well known and notorious as shown below.

First there is an existing orders made by Hon Justice S.C. Oriji of FCT High Court No 2 on the 10th of December 2025, remanding Abubakar Malami SAN in the custody of EFCC for a period of 14 days pending investigations by the EFCC. That order is still existing and has not been set aside.

That order was served on Abubakar Malami SAN and his legal team are fully aware of these orders. Secondly despite being aware of the said Orders made by Oriji J on the 10th of December 2025, the legal team of Abubakar Malami SAN, in gross abuse of judicial process, proceeded to file an application for bail on behalf of Abubakar Malami SAN before the FCT High Court sitting at Nyanya on the false grounds that he was being illegally detained.

We appeared before his lordship Babaginda Hassan J on the 15th of December 2025 and successfully showed that Abubakar Malami SAN was not being unlawfully detained and that he was being detained on valid orders of court. His lordship adjourned the ruling to 18th December 2025. On the 18th of December 2025, Hon Justice Babaginda Hassan in a well considered ruling dismissed the bail application on the grounds, amongst others that Abubakar Malami SAN was not being unlawfully detained having regards to the orders made by his lordship Oriji J on the 10th of December 2025.

The orders of Oriji and Hassan JJ made on the 10th of December 2025 and 18th December 2025 are still extant and have not been set aside. Despite these rulings, it is surprising that the legal team of Abubakar Malami SAN who was fully aware of these orders could proceed to file an Ex-parte application before Hon Justice Bello Kawu of FCT High Court and for Hon Justice Bello Kawu to grant bail to Abubakar Malami SAN Ex-parte without any modicum of respect for the orders of his brother Judges which his lordship is under obligations to take judicial notice and which orders the legal team of Abubakar Malami SAN is under duty to draw the attention of his lordship to. These explanations have become necessary to avoid the public being misled by unnecessary grandstanding of the press statement from the so called aid of Abubakar Malami SAN as if I have not guided EFCC properly. Abubakar Malami SAN is being lawfully detained upon valid and subsisting court orders.

Chief J.S.Okutepa, SAN
Lead Counsel to EFCC.

TIPS