By BANNERNEWS Reporter, Calabar
Concerns are mounting over alleged inconsistencies in Nigeria’s lawmaking process, with legal voices warning that persistent flaws are undermining the integrity of the 1999 Constitution of the Federal Republic of Nigeria.
A legal scholar, Justice Osai Ahiakwo, said recent legislative developments point to deeper structural weaknesses rather than isolated drafting errors, arguing that the problem reflects a fragile constitutional and procedural framework.
He cited the Nigeria Tax Act 2025, signed into law on June 26, 2025, but scheduled to take effect on January 1, 2026, as one of several examples raising questions about clarity, consistency, and legislative precision.
According to him, judicial precedents and constitutional disputes already support these concerns, including the case of Olisa Agbakoba v. National Assembly, where a Federal High Court in 2010 ruled that constitutional amendments made without presidential assent were incomplete and invalid.
He also referenced disputes surrounding the National Assembly Pensions Board Act, which raised concerns that some laws may have been enacted in conflict with existing statutes and without strict adherence to constitutional requirements.
In 2018, former President Muhammadu Buhari declined assent to several constitutional amendment bills, citing drafting inconsistencies and structural defects, a move that further highlighted gaps in Nigeria’s legislative process.
Ahiakwo noted that ambiguity within Sections 58 and 9 of the 1999 Constitution, particularly on presidential assent and legislative override, remains unresolved and continues to generate conflicting interpretations in the courts.
He also raised concerns about the harmonisation stage of lawmaking in the National Assembly of Nigeria, warning that lack of transparency at this stage may allow substantive changes to bills without full scrutiny.
He warned that without urgent reforms such as digital tracking of bills, clearer certification of final texts, and stronger legislative oversight, Nigeria risks continuing to produce laws that lack clarity, consistency, and legitimacy.
