19th October 2022
Does the Minister of Finance have the Power to Amend the Value Added Tax Act?
The delegation of powers from the legislature to other branches of government invested with different powers has become necessary to address the demands of technicalities, emergencies, and timeliness, as well as resolve problems that do, should not take the time of the legislature. Thus, the National Assembly may delegate law-making powers to other arms of government.
Although the principle of the doctrine of separation of powers is not a watertight one, it is essential to note that the absence of adequate rules to regulate the executive’s use of delegated authority can lead to unchecked exercise of powers.
This newsletter examines the validity or otherwise of the delegated power exercised by Nigeria’s Minister of Finance to amend the Schedule to the Value Added Tax Act – a principal legislation.
