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Group Drags FG to ECOWAS Court Over Alleged Unauthorised Alterations to Tax Laws


A Nigerian civic advocacy group, the Network for the Actualisation of Social Growth and Viable Development (NEFGAD), has filed a suit against the Federal Government at the ECOWAS Community Court of Justice, accusing authorities of unlawfully altering key tax reform laws after their passage by the National Assembly and presidential assent.


The suit, marked ECW/CCJ/APP/10/26, was instituted on Monday, February 23, 2026. It targets the Tax Administration Act, 2025, and related tax legislation gazetted following assent by President Bola Ahmed Tinubu.


NEFGAD alleges that certain provisions were modified without lawful authority post-assent changes that were partially confirmed by an interim review from the National Assembly, which highlighted serious institutional, constitutional, and democratic concerns.


The group had earlier written to President Tinubu and National Assembly leadership demanding an independent probe and sanctions for those responsible, but proceeded to court amid no satisfactory response.


In the suit, NEFGAD is seeking several key reliefs, including:

A declaration that the alterations to the tax laws are unauthorised and violate Nigeria's obligations under the African Charter on Human and Peoples’ Rights and ECOWAS protocols, infringing rights to fair hearing, equality, participation, and property. 


Annulment of the gazetted Tax Administration Act, 2025 (and related Acts) in its entirety due to the alterations, or alternatively, striking down only the contested provisions as invalid. 


Recognition of only the original text passed by the National Assembly and duly assented to as the valid law. 


An order for the government to produce certified true copies of the Acts for public enforcement. 


Compensation for Nigerians who suffered losses or rights infringements from enforcement of the altered provisions. 

 

NEFGAD described the issue as striking at the heart of democratic order, separation of powers, and the rule of law.


“This action is not merely administrative or procedural. It is a constitutional issue that strikes at the heart of democratic order, separation of powers, and the rule of law. 


Where a law passed by the National Assembly and signed by the President is altered without lawful authority, it undermines confidence in governance and threatens investor certainty,” the group stated.


The organisation reaffirmed its commitment to defending democratic institutions, transparency, and the rule of law, urging civil society, the judiciary, legislature, and executive to support efforts to protect the sanctity of Nigeria's lawmaking process.


The development follows months of controversy over the tax reforms, which took effect in January 2026, with earlier calls from groups and lawmakers for suspension and investigation into alleged post-assent changes.


No response from the Federal Government has been reported yet on the fresh ECOWAS suit. 


The case is expected to draw significant attention as it tests regional judicial oversight on national legislative integrity and human rights compliance. 

  

 

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