By Paul Effiong, Abuja
President Bola Tinubu has declined assent to the National Identity Management Commission, NIMC, Establishment Bill, 2026, citing massive constitutional breaches and structural defects as reasons.
The president’s decision on the proposed amendment was conveyed to the House of Representatives yesterday in a correspondence addressed to the Speaker, Hon Tajudeen Abbas.
Tinubu further cited Section 58(4) of the 1999 Constitution (as amended) for reason for withholding assent.
According to the president, “The bill, though well intended, has failed to meet key legislative and constitutional standards required for presidential approval.”
He observed that several provisions of the bill were defective, incomplete as well as capable of creating administrative and legal confusion if endorsed to become law.
In the correspondence, a major concerns raised by the president was the inconsistency in the long title of the bill.
He explained that the proposed law indicated an intention to repeal the existing NIMC Act but woofully failed to clearly state that it also sought to reenact a new legal framework for the commission.
Tinubu equally emphasised that proper legislative drafting demanded that both repeal and reenactment must be throughly and expressly reflected in the title of the bill for clarity and legal completeness.
The president also faulted provisions relating to the composition and appointment of the governing board of the commission as proposed under the expected amendment, noting that Section 4(2) was wrongly classified, representatives of institutions listed under Section 4(1)(c) as part-time members appointed by the president, whereas such officers were ex-officio members who occupy their positions by virtue of their offices.
He argued that subjecting them to presidential appointment and citizenship requirements was legally inappropriate and contradictory to law.
Other grey areas in the proposed amendment, according to the president, was Section 4(1)(b), which created four executive commissioner positions without specifying the authority responsible for appointing them.
Tinubu informed that while the bill outlined qualifications for the chairman of the board, it did not state the qualifications and professional experience required for the executive commissioners despite assigning them strategic responsibilities within the commission.
He maintained that the provision requiring Senate confirmation for the appointment of the chairman and executive commissioners was contrary to Sections 5 and 171 of the Federal Constitution (as amended).
He further argued that the constitution already grants the president powers to appoint heads of extra-ministerial departments and warned that legislative interference through mandatory Senate confirmation could unlawfully restrict executive powers vested in the presidency.
The president equally observed ambiguities surrounding the role of the director-general of the commission in the proposed amendment, disclosing that Section 4(1)(d) failed to clearly define whether the director-general would serve as a member of the board, secretary or both.
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