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Tax Reform: SERAP Urges NASS To Assess Human Rights Impacts
Socio-Economic Rights and Accountability Project, SERAP, has urged the Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas to urgently assess the human rights impacts of Nigeria’s reform bills currently being discussed by the National Assembly including on Nigerians living in poverty.
SERAP said, “Any discussion and consideration of the tax reform bills must ensure full compliance with provisions of the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations and commitments.”
In the letter dated December 7, 2024 by SERAP Deputy Director, Kolawole Oluwadare, the organisation said: “The assessments should be transparent, include public participation, and shape the provisions and measures that are ultimately passed.
The outcome of any such assessments should be widely published.”
SERAP urged Akpabio, and Abbas “to pass a resolution directing Mr Lateef Fagbemi, SAN, the Attorney General of the Federation and Minister of Justice to hold Nigeria’s state governors to account on their spending of trillions of naira of revenue derived from taxes including VATs collected by their states since 2015 and to ensure the recovery of any proceeds of corruption.”
The letter, read in part: “SERAP urges you to ensure the inclusion in the tax reform bills of transparency and accountability mechanisms to ensure that any revenue derived from taxes covered under the bills are not mismanaged, diverted or pocketed by politicians, their family members and close associates.
“SERAP notes that Nigerian authorities have the discretion to develop laws on taxation most appropriate to their circumstances.
“However, the Nigerian Constitution 1999 [as amended] and human rights and anti-corruption treaties to which the country is a state party impose limits on the discretion of the authorities in the development of any such laws.
“Our preliminary review of the provisions of the tax reform bills shows that the bills contain some provisions that are antithetical to human rights and the rule of law.
“For example, section 28(2)(c) of the Tax Administration bill among others, requires financial institutions including banks to provide to tax authorities ‘the names, addresses, or any other information of new or existing customers.’
“Under section 28(4), financial institutions must make ‘additional disclosure” about their customers ‘if it is required by a notice signed by the Chief Executive Officer of the relevant tax authority.’
“These provisions, especially the phrases ‘any other information’ and ‘additional disclosure’, if implemented, could be used unjustifiably or arbitrarily to restrict the right to privacy of customers.
“The risks of violations of human rights are illustrated by the absence in the bills of sufficient safeguards against abuse of access to personal data of customers.
“The provisions also give little or no consideration to data protection, thereby increasing the risks of misuse by public authorities of a customer’s personal details including their home address.”
Another troubling provision of the tax reform bills is section 57 of the Tax Administration bill which grants broad, extensive and intrusive powers to tax authorities which may be misused to undermine Nigerians’ human rights.
“The provisions of section 81 of the Tax Administration bill essentially oust the jurisdiction of the court in pending tax matters by stating that ‘the pendency of a legal proceeding shall not affect the performance of the duties or obligations of any taxable person under this Act or any other tax law.
“The country also needs transparent, democratic and rights-aligned tax reforms to unlock the maximum available resources for the full realisation of human rights.
“Furthermore, there are credible reports that several state governors continue to divert or mismanage the revenue derived from taxes, impeding the funding of public goods and services that are crucial for the progressive realisation of human rights.
“SERAP is concerned that growing reports of corruption in the use of tax revenue and other public resources continue to disproportionately affect poor Nigerians and other most vulnerable segments of the population.
SERAP is concerned that the opposition by some state governors against the tax reform bills may be politically motivated and reduce the tax payable to the national treasury. State governors should constructively engage in good faith in the processes to adopt a national tax system for the country.
“We would be grateful if the recommended measures are taken in the consideration of the tax reform bills.
“SERAP notes that the tax reform bills, if properly aligned with human rights standards, would enhance the ability of the Federal Government, states and local governments to fulfil their human rights obligations and adequately fund public services essential for human rights.
“However, without transparency and accountability, revenue derived from taxes may not be spent to combat poverty and fund development as well as provide essential public goods and services for Nigerians.
“The National Assembly has the constitutional responsibility to conduct and publish human rights impact assessments of the tax reform bills to ensure that proposed reforms best protect, advance and fulfill people’s human rights.
“SERAP also urges you to revise and repeal several of the provisions of the bills, particularly the Tax Administration bill.
“SERAP urges you to include provisions in the tax reform bills that will ensure that Nigerians have access to all relevant data and information on fiscal policy and government revenues, including from the corporate sector.”
Recall, members of the National Assembly are currently discussing Nigeria’s tax bills which primarily aim to ‘provide uniform procedures for a consistent and efficient administration of tax laws in order to- (a) facilitate tax compliance by taxpayers; and (b) optimise tax revenue.
As Christians across the world celebrate the resurrection of Our Lord Jesus Christ, the Administrator of Opobo/Nkoro Local Government Council of Rivers State, Mr. Frederick Apiafi, has advised Nigerians to love one another.
Mr. Apiafi said the period should be used for sober reflection and demonstration of love, unity and embracing the message of Easter.
This was contained in his Easter message and made available to media houses yesterday, saying that the resurrection of Jesus Christ has equally given birth to a new season of faith, hope , sacrifice and prosperity.
The administrator further used the forum to call on all indigenes and those doing business in the Local Government Area to be their brothers’ keeper at all times.
“As we celebrate the crucifixion and Resurrection of our Lord Jesus Christ, let us soberly reflect and demonstrate love and unity particularly indigenes of Opobo/Nkoro,” he said.
Mr. Apiafi reiterated that welfare of workers and the good people of the area would be paramount in his administration.
Seven passengers travelling from Abuja to Kwara State were abducted on Saturday along Obbo-Ayegunle road in Ekiti Local Government Area of Kwara State.
Three children of the abducted victims were, however, later released by the unidentified kidnappers, according to reports reaching The Tide’s source in Ilorin yesterday.
The abduction occurred between 17:00-18:00 hours, while the passengers were on board a Sienna vehicle owned by Olumoh Express transport company, heading to Offa from Abuja.
All attempts made so far by the local vigilante to rescue the victims were unsuccessful.
Spokesperson of the state police command, SP Adetoun Ejire-Adeyemi, confirmed the development.
“Armed hoodlums numbering about eight reportedly intercepted a Sienna bus registered FFA 50XD, heading to Offa from Abuja and forcefully abducted seven occupants including the driver.
“Upon receipt of the information, police operatives in collaboration with local vigilantes, responded swiftly to the scene.
“The vehicle was recovered to the nearest police formation. During a coordinated search of the surrounding bush, three children aged between two and 12 years were located and safely rescued.
“One of the children was able to give the police detailed information of her guardian who was contacted and the three rescued children have been reunited with their relatives,” the statement added.
The command said it has intensified efforts through discreet investigation, intelligence gathering and sustained bush combing to track down the perpetrators and secure the safe rescue of the remaining victims.
Commissioner of Police, Adekimi Ojo, reiterated the commitment of the command to the safety and protection of all residents, urging those with useful information to report through the established channels of the state police command.
The Hydrocarbon Pollution Remediation Project (HYPREP) has set machinery in motion to complete ongoing projects this year in line with its new policy thrust.
The Project Coordinator of HYPREP, Prof Nenibarini Zabbey, who gave this indication while addressing participants during the Project’s first quarter interactive session with Ogoni youths in Port Harcourt, said the agency is this year, drawing from a new policy thrust that prioritises timely completion of all projects within stated timelines.
The Project Coordinator noted that as a community-based project, HYPREP understands the urgency of protecting the environment and improving livelihoods in line with its mandate.
He disclosed that the Centre of Excellence for Environmental Restoration(CEER) for example, is currently being painted, as part of its final finishing works, stressing that HYPREP is ensuring that the centre is commissioned this year for public use.
According to him, the Technical Planning Committee for the CEER had submitted its report which contains various recommendations for the operationalisation of the centre.
He further disclosed that the shoreline remediation project is at a completion rate of 39.4 percent, saying, HYPREP has in this area recovered, evaluated and treated over 937,000 litres of oily sludge from the mangrove sediment, as well as evacuated over 1.7million kilogrammes of solid waste from the Ogoni creeks.
According to him, the mangrove restoration project has reached 86 percent completion rate, while the monitoring of the planted mangrove grids is progressing well.
He said HYPREP has also initiated a practical framework for long-term monitoring to ensure the Project’s objectives are met.
The Project Coordinator said HYPREP has achieved significant milestones in the ongoing construction of new water facilities in Ogoni communities, stressing that it is determined to commission the new water facilities in the various communities in the third quarter of this year.
He assured the participants that HYPREP would commission water facilities every two months in Ogoni communities.
Zabbey announced that the Creative Arts training for more Ogoni youths would begin in the second quarter of the year, while other array of interventions to support small and medium scale businesses would be rolled out in the coming weeks.
He revealed that the construction of the Ogoni Specialist Hospital has advanced to a completion rate of 70 percent, while that of Buan Cottage Hospital has reached 93.8 percent.
He also disclosed that in March, the Project Coordination Office took delivery of the first batch of equipment and electrical parts for the Ogoni Power Project, and expects further deliveries in this second quarter.
Zabbey said HYPREP has also deepened its engagement with critical stakeholders, including Ogoni youths and women, adding that this periodic interactive session remains a key part of its yearly work plan to ensure that their voices are heard.
He hinted that some selected youth leaders would benefit from the second batch of the Ogoni traditional rulers and other key stakeholders workshop on mechanism for alternative dispute resolution.
At the interactive session, Dr Sorbarikor Lebura of the Rivers State University delivered a keynote address on how to be on the right side of history, and encouraged Ogoni youths to always strive to be on the right side of history through their actions.
On her part, HYPREP’s Head of Sustainable Livelihood, Mrs Josephine Nzidee told the participants that the project is working hard to close out on the training of 5,000 Ogoni youths and women by ensuring that all trainees get their starter packs.
She assured persons living with disabilities in particular that HYPREP would provide more empowerment opportunities to them.
Also, the Head of Potable Water Unit, Mr Lucky Ikue announced that the Terebor water scheme, which had been out of use for some time now, due to technical glitches, would be functional soon, as the station manager has been relieved of his duties.
By: Donatus Ebi
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