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Rule Of Law: National Anti-Corruption Conference Asks Buhari To Protect Legacy, Sack Bawa

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By Our Correspondent
Nigerians across various sectors have called on President Muhammadu Buhari to strive to leave a functional system where there is respect for the rule of law and all actors act in full compliance with the constitution, Acts of the National Assembly and other laws of the country.

Delegates from 158 anti-corruption civil societies and non-governmental organisations, faith-based groups, youth and community-based organisations, who gathered in Abuja at a one-day national conference yesterday, said the anti-corruption efforts of the Buhari administration would eventually be assessed by the conduct of key officials, especially those saddled with the responsibility of taming corruption in Nigeria.

After exhaustive deliberations by the expanded gathering with keynote address by the Dean, Faculty of Arts, Federal University, Oye-Ekiti, Ekiti State, Professor Wasiu Ademola Oyedokun-Alli, and presentations from speakers, including the Chairman of the Centre for Anti-Corruption and Open Leadership, Debo Adeniran, among others, the Conference adopted a communique, which specifically expressed concern that the Economic and Financial Crimes Commission, under the leadership of Mr. Abdulrasheed Bawa, had allegedly become a cesspool of internal corruption, among other diverse issues.

While congratulating Nigerians on the outcome of the various elections, the Organisations faulted the Independent National Electoral Commission for not keeping strictly to the promises made to Nigerians.

They, however, condemned what they described as the various attempts by some politicians and people of vested interests towards pushing the country dangerously to the edge of the slope, particularly the promotion of ethnic and religious divisions among Nigerians.

The communique said, in line with genuine concerns among informed Nigerians, “Conference restates that a convict, as Mr. Bawa is seen to be currently, according to the judgment of a court of competent jurisdiction, which has not been vacated, cannot continue to preside over an important law enforcement agency like the EFCC established to fight corruption.”

Delegates from the 158 organisations also alleged that Bawa’s actions as a public officer had been high-handed, prejudicial, contemptuous of Nigerian courts and oppressive to the human rights of persons under the EFCC investigation, while also condemning, in its entirety, his “deliberate disobedience of court orders.”

“Conference expressed gross dissatisfaction with the Naira redesign policy of the Central Bank of Nigeria which in the last three months has crippled economic activities and put Nigerians under unprecedented and untold hardship due to the scarcity of the local currency as well as the incessant failure of the online banking system,” the communique stated, adding that there must be consequences for the needless hardship Nigerians were made to contend with in the face of a policy that was not well thought out.

On anti-corruption efforts, the communique said,
“Corruption undermines growth, erodes trust in governments, fuels support for extremism and hinders the fight against poverty and inequality. Therefore, we as Nigerians, have a responsibility to prevent, detect and expose any form of corruption. In fighting corruption, we cannot, but also be mindful of the dictates of our laws, as a country under a democracy.

“The war against corruption in the country, particularly under the administration of President Muhammadu Buhari, has its milestones, prospects and challenges, hence, the need for us to consciously review same, while also setting an agenda for the incoming administration in the country. The subject of corruption and the war against it is of crucial importance to us, as stakeholders, in the Nigerian project.”

The organisations also demanded that states and other tiers of government must set up genuine machinery towards cooperating and consolidating the efforts of the Federal Government in tackling the various security challenges presently facing the country.

They admonished the incoming administration to work hard to ensure that Nigerians remain united in peace and justice to all.

The national conference was convoked to discuss the State of the Nation, covering several fundamental issues, especially as they affect education, security, corruption challenges and other general interests.

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Tax Reform Bills: The Verdict of Nigerians

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Ismaila Ahmad Abdullahi Ph.D

The public hearings conducted recently by the two Chambers of the National Assembly have elicited positive responses from a broad spectrum of Nigerians, cutting across regional interest groups, government agencies, civil society groups, concerned individuals, the academia, and Labour Unions, among diverse others. Contrary to a few dissensions hitherto expressed in the media, almost all the stakeholders who spoke during the week-long sessions were unanimous in their declaration that the hallowed Chambers should pass the tax reform bills after a clean-up of the grey areas.

The public hearings were auspicious for all Nigerians desirous of economic growth and fiscal responsibility. They were also a watershed moment for the Federal Inland Revenue Service, which had been upbeat about the tax reforms. Indeed, the public hearings had rekindled hope in the tenets of democracy that guarantee freedom of expression and equitable space for cross-fertilisation of ideas. Without gainsaying the fact, the tax reform bills have been unarguably about the most thought-provoking issues in Nigeria today, drawing variegated perspectives and commentaries from even unlikely quarters such as the faith-based leaders, student bodies, and trade unions, which speaks much about the importance of the bills.

In the build-up to the public hearings, not many people believed that the bills would make it to the second reading, much less the public hearings. Even the Northern stakeholders who seemed unlikely to support the passage of the bills have softened their stance and have given valuable suggestions that would enrich the substance of the bills. The Arewa Consultative Forum came to the public hearings well-prepared with a printed booklet that addressed their concerns. It concluded with an advisory that the bills should be “Well planned, properly communicated, strategically implemented and ample dialogue and political consensus allowed for the reforms to be accepted.”

The concerns of ACF ranged from the composition of the proposed Nigeria Revenue Service Board as contained in Part 111, Section 7 of the bill, the unlimited Presidential power to exempt/wave tax payment as proposed in Section 75(1) of the bill, the family income or inheritance tax as contained in Part 1, Section 4(3) of the bill, to the issues around development levy and VAT. On the development levy, the ACF stated that unless the Federal Government is considering budgetary funding for TETFUND, NASENI and NITDA, it does not see the “wisdom behind the plan to replace (them) with NELFUND”.

The position of the North was equally reinforced by the Supreme Council for Shariah in Nigeria, Northern Elders Forum, Kano State Government, Professor Auwalu Yadudu, and the FCT Imams. Like the ACF, these stakeholders lent their respective voices to the Section on the Inheritance Tax in Part 1 of the bill and the use of the term ‘ecclesiastical’, which, in their views, undermines certain religious rights and beliefs. The Kano State Government, represented by Mahmud Sagagi, affirmed that “we support tax modernisation” but cautioned that “we must ensure that this process does not come at the expense of states’ constitutional rights and economic stability”. Professor Auwalu Yadudu, a constitutional law professor, drew attention to the use of the ‘supremacy clause’ and cautioned that the repeated use of “notwithstanding” in the bills would undermine the supremacy of the Nigerian constitution if passed as such.

Other stakeholders that made contributions at the sessions included the Nigeria Liquefied Natural Gas, Fiscal Responsibility Commission, Revenue Mobilisation Allocation and Fiscal Commission, Federal Ministry of Industry, Trade and Investment, Institute of Chartered Accountants of Nigeria, Chartered Institute of Taxation of Nigeria, Nigeria Customs Service, and a host of others. While most of their concerns bordered on technical issues requiring fine-tuning, they were unanimous in their support for the bills. They aligned with the position of the Executive Chairman of the Federal Inland Revenue Service, Zacch Adedeji, Ph.D. and the Chairman of the Presidential Committee on Fiscal Policy and Tax Reforms, Mr Taiwo Oyedele, which is that the extant tax laws and fiscal regulations are obsolete necessitating reforms aimed at creating a fair and equitable tax and fiscal space to grow Nigeria’s economy.

In one of the sessions, Dr Zaach Adedeji expounded on the criss-cross of trade activities in the Free Trade Zone whereby companies misuse tax waivers as exporters to sell their goods or services in the Customs Area at an amount usually less than the price the operators in the Customs Area who pay VAT and other taxes sell theirs thereby disrupting business transactions. This way, the operators in the Free Trade Zone shortchange the government in paying their due taxes by circumventing extant regulations, which are inimical to the economy’s growth.

Overall, the presentations were forthright, foresighted, and helpful in elucidating the issues contained in the bills. According to the statistics read out at the end of the hearings at the Senate, 75 stakeholders were invited, 65 made submissions, and 61 made presentations. At the House of Representatives 53 stakeholders made presentations. By all means, this is a fair representation. Given the presentations, it is evident that the National Assembly has gathered enough materials to guide its deliberations on the bills. As we look forward to the passage of the bills, we commend the leadership of the National Assembly for their unwavering commitment to making the bills see the light of the day.

Abdullahi is the Director of the Communications and Liaison Department, FIRS.

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