By Nathaniel Zacchaeus, Abuja
The Senate Leader, Opeyemi Bamidele, clarified at yesterday’s plenary that the upper chamber did not suspend or withdraw any consideration or deliberation on the Tax Reform Bills, 2024.
Bamidele warned against the pervasive misrepresentation of the Senate’s intent on tax reform proposals.
He noted that the upper chamber “cannot be bullied into adopting a certain procedure” inconsistent with its rules and proceedings.
Bamidele said the Senate constituted a special committee, chaired by the Minority Leader, Senator Abba Moro, on Wednesday to resolve grey areas in the tax reform initiatives.
On Wednesday, the upper chamber, presided over by Deputy President of the Senate, Jibrin Barau, set up the special committee to engage the Attorney-General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN, to resolve the issues surrounding the Tax Reform Bills, 2024.
Barau also declared that the Senator Sani Musa-led finance panel should halt its six-week legislative assignment on fiscal legislation until all grey areas have been sorted out.
He said, “It’s on this note that the finance committee to which the bills have been referred should put further action on it—public hearing and other issues—on hold until we resolve these issues. All sides will be given the opportunity, and we shall resolve the issues before anything is allowed to go.”
The media accurately reported that the Senate had suspended further considerations and deliberations on the Tax Reform Bills, 2024.
In his point of order, Bamidele invoked Order 42 of the Senate Rules as well as Sections 60 and 62 (1-4) of the Constitution of the Federal Republic of Nigeria, 1999 (amended) to clarify the Senate’s position on the Tax Reform Bills, 2024.
In his presentation, Bamidele noted that no part of the votes and proceedings of the Senate where it was stipulated that further consideration of or deliberation on the Tax Reform Bills, 2024, had been suspended or withdrawn.
He explained that the Federal Executive Council, through the Office of the President of the Federal Republic of Nigeria, sponsored the Bills at the two chambers of the National Assembly, saying they were not private member bills.
Bamidele said, “Whatever we are doing is by the provision of our constitution. We are the legislative arm of government.
“We take our instruction and guidance from the 1999 Constitution and not from any other institution or individual, no matter how highly placed, not even from the governors or any other person than the 1999 Constitution.
“What was reported is that the Senate had suspended further consideration of or deliberation on the Tax Reform Bills 2024.
“The media platform even invited the Nasarawa State Governor, Mr. Abdullah Sule, pointedly telling the governor that the Senate had withdrawn the Bills.
“The media platform even described Bills as a conundrum, suggesting that the Bills were problematic and that we should not move from one television to another. Our privilege is the Senate of the Federal Republic of Nigeria.
“This is where we do our deliberation. This is where we make the law. This is where we effectively represent our people. If we have an issue to clarify, this is also our floor rather than issuing press statements.
“Mr President, we have just passed our votes and proceedings. It is a reflection of our deliberation of the previous legislative day. Nowhere in our votes and proceedings was it stated that we suspended further deliberation on the Tax Reform Bills 2024. This is because we did not.
“It is important to record that this Senate did not suspend and does not intend to suspend deliberations, considerations of the Tax Reform Bills 2024. It is a misunderstanding of the legislative process for any person to have even reported that we have withdrawn the Bills.
“The Bills were executive bills transmitted by the Executive Arm of Government through the Office of the President of the Federal Republic of Nigeria. Only the executive arm withdrew this bill. It is not a private member bill sponsored by any Senator.
“So, no Senator is going to withdraw the Bills, and there is no reason for them to be withdrawn. In a legislative process, it is normal that some people will have concerns. That is why, in its wisdom, this Senate is referring this matter to the Senate Committee on Finance.”
He also warned that any attempt from any quarter “to intimidate the Parliament will be undemocratic,” noting that the National Assembly and its members would not be distracted from discharging their constitutional mandates.
He further said, “We will encourage consensus, discussion, and engagement at all levels. But we cannot be bullied into adopting a procedure that is not consistent with the Senate’s rules and proceedings.
“As far as we are concerned, The Tax Reform Bills 2024 are still alive in the Senate. The Bills are equally receiving consideration at various levels. And we are open to further discussion, consideration, and engagement on the bills.”
Akpabio commended Bamidele for his submission and explained that some sections of the media were misled to report that the Senate had withdrawn the bills.
“At the National Assembly, we were all elected to do our work, and that is the work of lawmaking in the overall interest of Nigeria. We do not do our work through social media. Neither do we do it through any committee or congregation of the church or any forum of any nature.
“We do our work according to our conscience in the best interest of Nigeria. The mechanism of lawmaking can be further explained to the public.
“The moment the bills went through second reading in the Senate, it simply means they are alive. The next procedure is for the finance committee to commence the process of consultations and public hearings. This is to bring recommendations back to the chamber.
“In the wisdom of the Senate yesterday (Wednesday), we had, in a closed session, set up a committee to be headed by the Minority Leader (Abba Moro) before the passage of the second reading.
“We said, if some people are either uneducated on some aspects of the bill or confused or there are grey areas to be sorted out, they should interface with the necessary executive quarters, from the chairman of Federal Inland Revenue Service to the Attorney General of the Federation, and if need be, even Mr. President.
“That committee was an internal mechanism of the Senate, different from the finance committee. I think that was what was announced yesterday (Wednesday), and we said the committee should immediately move into work.
“There seems to be some grey areas to be sorted out. I want to thank Senator Abba Moro, the committee chairman because as soon as that announcement was made yesterday, he immediately started consultation.
“He held a meeting today (Thursday) that he has set up to enable him to abstract the process so that the chairman of the Senate committee on finance and members of the committee can commence public hearings either next week or as soon as practicable.
“The bills are alive, they have not been suspended, the actions have not been suspended, the bills have not been withdrawn, and the bills have passed second reading in the Senate, and further legislative actions are taking place, including the setting up of this ad-hoc committee,” Akpabio stated.
He urged any state governor uncomfortable with any bill section to make themselves available for the public hearing.
He said, “So if any state governor in Nigeria, no matter whether the person is a religious leader or a businessman, has problems with the bill, you know where to go: to a public hearing.
The Senate will not be bullied. We are doing our work in the interest of Nigerians, and by the time we come up with our final position, it will reflect Nigerians’ yearnings and aspirations.
“Any reform that we can make, painful as a reform may be, so long as this Senate is convinced that it is in the interest of Nigerians, we will go ahead with it. We refuse to break our economy on a forward march supporting the administration.
“We will not also shy away from deleting, abrogating, or stopping whatever we feel is not in the public interest. But for the tax reform bill, we believe that there are too many provisions there that will help Nigerians. You can’t imagine what it means for businesses that earn less than N50m not to pay tax.
“You can’t imagine what it means for a multiplicity of taxes to be abrogated. You can’t imagine what it means for people who earn less than the minimum wage or even the minimum wage not to pay tax. I assume the exceptions are such that only 100 million Nigerians will benefit from this tax reform bill.
“So let’s not listen to social media. Let’s not listen to Arise television. I hope they are well guided by the explanation given by the Senate leader. The government has nothing sinister to warrant the suggestion that the process is being rushed.
“You can see we gave them, we gave our committee six weeks, so you can see we are not rushing the process of legislation, and if six weeks is not enough, we will extend the time for the committee.
“So this is executive communication. In line with the established legislative procedure, the federal government welcomes meaningful imputes that can address whatever gray areas in the bill or the bills.”
Meanwhile, the leadership of the red chamber yesterday removed the Senate Chief Whip, Tahir Monguno, as a member of the ad-hoc committee to meet with the AGF team.
In his place, the upper chamber asked the Senator representing Borno Central, Kaka Shehu, to replace him.
