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Oil Trade Sector Flags Key Concerns Over Tax Reform Restrictions

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…as manufacturers association call for fair implementation

By Gloria Ikibah

The Oil Producing Trade Sector (OPTS) has raised concerns over four key tax reform restrictions: limited access to tax incentives, increased effective tax rates, exclusion of recently announced incentives, and contract stabilization issues.

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Speaking at the resumed 3-day public hearing on the Tax Reform Bills in Abuja, OPTS representative Oluwole Oladimeji highlighted specific concerns regarding Sections 57 and 85 of the proposed law. He emphasized the need for clarity on the minimum effective tax rate and investment utilization under the new framework.

“How do you work with Section 57? It introduces a minimum effective tax rate, but clarity is needed on how it will be computed,” Oladimeji stated.

He also pointed to the need for further explanation on three-year tariff limits and the application of tax credits in investment calculations.

“If I move on to another section of concern, on the three-year tariff limits, section 85, subsection 4, it talks about the three-year tariff limit on recouped tax credits. And this, if implemented, will reduce the benefits of the non-associated tax, as well as the due potential consequential fiscal derivatives.

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“The third element on that list has to do with clarity that is needed with respect to section 85, subsection 1b, that says that the tax credit will not be applicable after the 10th year, i.e., before the 11th year. Our request regarding this is, one, that if we are going to have an even minimum effective tax rate at all, all taxes should be included in the basis for determining this. Secondly, that all tax credits will be utilized before the issue of any minimum tax, effective tax rate, will even arise at all.

“And then, with respect to the 11th year, that the current provision in section 85, subsection 1b should be extended by putting provision except carried forward from the 10th, so that if we are going to utilize tax credits in the 10th year, it will not be lost at all when we have only tax allowance that is also applicable. Then, another thing we would like to talk about is related to section 85, subsection 2, which provides that the incentives, tax incentives, will only be applicable to companies under the PIM. This will be the use of section 78, which covers section 78 through 88, and here we have the map incentives in there.

“So the way the thing is now, it will be only available to companies that are converted to PIM. And to cure this, we propose that there should be a remapping of the current section 78 to chapter 8, that includes incentives, so that one would not think that it is particularly restricted to companies under the particular tax regime. Because if this is not done, it will be introducing a limitation that is not in the executive order signed by the President in 2024.

“Another area of concern is section 92, subsection 3, which as currently drafted, says that the company shall be excluded from other incentives if it has utilized associated gas incentives. Now, gas incentives have typically determined a project, not a company. And the exclusion clause currently existing is overly broad and can give us other incentives.

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“Another element of concern under this restriction on utilization of tax incentives has to do with section 104, which today knocks off investment tax credits enjoyable, allowable under section 4 of the deep offshore and inland leasing production sharing contract. What section 104 talks about today is only investment tax allowance.

“It has removed the investment tax credit that is currently a trade dispute. So our request is that there should be a retention of the current provision of section 4 of the deep offshore act that we are proposing. I will give you a second indicator to look at now, which has to do with increase in effective tax rates”.

In section 146, Oladimeji observed a sharp increase in the heat rate, rising from 7.5% to a progressive 15% in 2013. Additionally, sections such as 21, 27, 69, 94, and 97, along with sections 1–4, introduce penalties when P80 is due—whether on an expense or an asset that is not charged. This results in the affected expense or asset being non-deductible for tax purposes.

He furthermore noted that, the current wording of the law lacks clarity on how P80 will be treated, raising concerns that businesses might face penalties simply because of unclear payment terms. “The issue of P80 penalties has already been addressed in the Nigerian Tax Acquisition Regulations, particularly in Sections 64 and 121, which outline penalty conditions for unpaid P80.

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“It is important to note that Nigeria already has a well-established legal framework for determining capital allowances and utilizing SAFE under existing laws, such as the Petroleum Profits Tax Act, the Petroleum Industry Act, the Deep Offshore and Inland Basin Production Sharing Contract Act, and CITA. The aim of the Tax Committee should be to simplify these laws, not introduce unnecessary complications.

“The oil and gas industry operates in collaboration with multiple government agencies, including the ATD, CDMA, FRS, and CBA, as well as partnerships with the NNPC. These collaborations involve project reviews, performance assessments, and audits. Therefore, tax reforms must prioritize simplification and efficiency, ensuring that regulatory burdens do not make doing business more difficult. Overloading companies with excessive tax obligations will ultimately increase costs and hinder economic growth”, he added.

The President of the Manufacturers Association of Nigeria (MAN), Otunba Francis Meshioye commended the federal government for adopting a structured and consultative approach to tax reforms. He noted that this method would facilitate early revenue generation and drive inclusive economic growth.

Meshioye expressed confidence that the proposed reforms under the Constitutional Reconciliation Bill would effectively tackle the long-standing issue of multiple and excessive taxation.

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However he highlighted the growing concern over arbitrary levies imposed by regulatory bodies at various levels of government, as well as the unlawful collection of taxes and fees by non-state actors, which continue to create an unpredictable business environment.

“We look forward to the implementation of these reforms to address the persistent challenges of high taxation and restrictive policies. It is our hope that this will usher in a new era where the National Assembly refrains from approving arbitrary levies on businesses to finance government agencies,” he stated.

He cited a recent instance where businesses were required to contribute a percentage of their market capitalization to sustain certain financial indices. He warned against such measures, emphasizing that they place undue strain on businesses.

Meshioye welcomed the planned reduction of the Corporate Income Tax (CIT) rate from 30% to 27.5% in 2025 and 25% in 2026, aligning with global trends toward lower income tax rates. He described this move as a positive step that would ease financial pressure on manufacturers, attract investment, and reinforce the government’s commitment to reducing the cost of doing business in Nigeria.

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Addressing concerns related to tax rates in free trade zones, he stressed the importance of maintaining clarity and ensuring that tax policies align with existing laws. He argued that rather than undermining the incentives for businesses operating within the zones, a fair tax structure would create a level playing field between companies within and outside these zones, particularly in relation to sales into the customs territory.

Meshioye underscored the need for a balanced approach to taxation, ensuring that Nigeria’s trade policies remain competitive while protecting the country’s tax base.

He pointed to Section 16 of the Real Tax Clause as a crucial reference for maintaining fairness and economic stability.

The hearing continues on Friday when the Nigerian National Petroleum Company Limited will present their observations.

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Nigeria, Italy lead $5bn global education financing campaign

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Nigeria and Italy have strengthened collaboration on a campaign to mobilise $5bn for education financing worldwide through the Global Partnership for Education.

The Senior Special Assistant to the President on Media and Communications, Office of the Vice President, Stanley Nkwocha, disclosed this in a statement issued on Wednesday.

According to the statement, the collaboration was highlighted at the “Multiply Possibility: A New Era for Education Financing” high-level event held in New York, United States, on the sidelines of the 81st Session of the United Nations General Assembly.

The statement said President Bola Tinubu, in a video message to the event, noted that the GPE vision aligned with his administration’s agenda of improving educational outcomes by investing in access and capacity building for teachers.

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The President also commended stakeholders in the GPE for their efforts towards accelerating education financing globally. Representing the President at the gathering, Vice President Kashim Shettima said education was an investment in Nigeria’s economic future, productivity, prosperity and stability.

He said, “For Nigeria, education is not an expenditure at the margins of our development agenda. It is an investment in our economic future, national productivity, and the prosperity and stability of our people.

“Since President Bola Ahmed Tinubu assumed office in 2023, our Administration has substantially increased resources devoted to education, while pursuing reforms to strengthen basic education financing, expand foundational learning, and improve access to tertiary and technical education.

“Through the Nigerian Education Loan Fund, we are widening access to higher education, while strengthening the link between education, skills, employment and enterprise.”

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Shettima said Nigeria was looking beyond traditional budgetary allocations, noting that Tinubu had directed that liquid funds recovered by the Economic and Financial Crimes Commission, once legally cleared and free from litigation, be channelled to the Nigerian Education Loan Fund.

The VP said the Federal Executive Council had also recently approved the consideration of unclaimed dividends and dormant funds for the same purpose, subject to relevant legal requirements.

He said this demonstrated Nigeria’s commitment to mobilising every responsible and lawful domestic source to finance education.

Citing Nigeria’s partnership with the World Bank and GPE through HOPE-EDU, Shettima said, “The programme is expected to reach approximately 29 million children and 500,000 teachers across Nigeria.”

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He added: “This is precisely why GPE matters. GPE does not replace national investment; it multiplies it. The ambition before us is to mobilise US$5 billion for GPE and, through that investment, unlock additional financing for education in partner countries.

“Domestic resources must remain the anchor, complemented by development assistance, concessional finance, philanthropy and innovative financing.”

The Vice President said Nigeria’s growing population could become one of its greatest economic assets if its “young people have access to quality education, relevant skills and meaningful opportunities.”

He said the response to declining global aid “must therefore be smarter multilateralism: using scarce international resources to leverage much larger investments.”

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Shettima urged participants to ensure that the initiative was not merely a fundraising exercise but “a renewed compact for human capital, bringing together national leadership, international partnership and responsible financing so that every child has the opportunity to learn, thrive and contribute to their country’s future.”

He also expressed Nigeria’s appreciation to the Italian government and GPE for joining the campaign, stressing that Nigeria was participating not merely to seek greater international investment but “to demonstrate that we are investing in education ourselves.”

Earlier, Italian Prime Minister, Giorgia Meloni, praised Tinubu’s leadership and Nigeria’s determination to improve educational outcomes across all levels.

She urged partners in the global alliance to show greater commitment to reversing the trend in developing countries.

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The UN Deputy Secretary-General, Amina Mohammed, thanked partners for their interest in improving education financing in developing countries.

She called on international financial institutions to support committed countries in finding the fiscal space needed to improve educational outcomes, including capacity building for teachers.

Also speaking, the Chair of the Board of Directors of GPE, Jakaya Kikwete, underscored the need to accelerate education financing, noting that education remained central to human rights, security and peace.

Girls’ education activist, Malala Yousafzai, also called for greater collaboration in ideas and resources, urging governments and multilateral organisations to commit more resources towards gender equality in education.

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The statement said governments and donors at the event made contributions towards the education of at least 370 million children globally, while the Italian government pledged €50m for GPE programmes and interventions.

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Ex-LASU VC’s N1m fee remark misinterpreted – Spokesperson

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Emmanuel Adeyemi, media aide to the immediate-past Vice-Chancellor of Lagos State University, Prof Ibiyemi Olatunji-Bello, has faulted the misinterpretation of his principal’s remarks on the payment of N1m fees by students of public universities in The PUNCH interview on Tuesday.

A flurry of reactions has trailed excerpts of the interview widely circulated across social media.

In a statement on Wednesday, Adeyemi said Olatunji-Bello did not suggest that students or their parents must pay N1m annually for university education.

He urged the public, media and education stakeholders to consider Olatunji-Bello’s complete remarks rather than isolated portions that, he said, could give a different impression of her position.

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He explained that the former VC was speaking about the estimated cost of providing quality undergraduate education, while advocating innovative and diversified funding sources for universities.

According to Adeyemi, Olatunji-Bello’s remarks were made against the backdrop of the desire of Nigerians for university education comparable in quality to what is obtainable in other parts of the world.

He said the former VC had noted that delivering such quality education costs approximately N1m per student annually.

Adeyemi, however, stressed that Olatunji-Bello did not suggest that the entire cost should be transferred to students or their parents.

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He said, “The immediate-past Vice-Chancellor of Lagos State University, Prof. Ibiyemi Olatunji-Bello, has been widely quoted across social media as saying that students must pay N1m in fees for public universities to achieve self-sustainability.

“Distinguished Professor Olatunji-Bello’s remarks were made against the backdrop of Nigerians’ legitimate aspiration for university education that is genuinely comparable in quality to what is obtainable in other parts of the world, a standard that stands in sharp contrast to the comparatively low tuition fees currently charged by public universities in Nigeria.

“Her central argument was that delivering the quality of undergraduate education Nigerians rightly desire costs, on average, approximately N1m per student annually.

“Crucially, however, she did not suggest that this cost must necessarily be transferred wholesale onto students or their parents.”

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Adeyemi said the remarks, when read in their entirety, reflected Olatunji-Bello’s call for universities to pursue innovation and develop diversified revenue streams to achieve financial sustainability.

He added, “This is precisely why, in response to the interview question on institutional self-sustainability, she began by stating: ‘Universities can achieve financial self-sustainability. If they can innovate and ensure improvements in the institution, money will come in.

“She went on to add: ‘I enjoin parents to ensure their children are well-educated by prioritising their fees. Good quality education needs money.’”

Adeyemi said the ex-VC’s position reflected a broader call for universities to pursue innovation and diversified revenue streams as the primary pathway to financial sustainability, while also reminding parents of the genuine cost implications of quality education and encouraging shared responsibility rather than assigning that burden to any single party.

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He said the former VC sought to remind parents of the cost implications of quality education and encourage shared responsibility for funding university education.

“We urge members of the public, the media, and stakeholders in the education sector to engage with Distinguished Professor Olatunji-Bello’s complete remarks in their proper context, rather than isolated soundbites that do not accurately reflect the full weight and intent of her position,” he added.

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Bauchi begins N10bn gratuity backlog payment

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Bauchi State Governor, Bala Mohammed, has directed the commencement of payment of outstanding gratuity to retired civil servants from 2012 to 2016.

The governor, who was represented by his deputy, Auwal Jatau, announced this on Wednesday, saying the exercise would commence with the first batch of beneficiaries, while subsequent payments would be made until all eligible retirees had received their entitlements.

Mohammed said the state government had committed N10bn towards addressing the accumulated gratuity obligations owed to retirees.

He explained that the validated historical records showed that the total outstanding obligations for the period amounted to N11.71bn, comprising liabilities owed to state and local government retirees.

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According to him, the state component involves 3,570 beneficiaries with obligations amounting to N6.13bn, while the local government component covers 2,262 beneficiaries with outstanding obligations of N5.58bn.

The governor said the payment would be implemented progressively based on the chronology of outstanding obligations, completeness of supporting records, validation and reconciliation processes, as well as the resources approved for each phase.

He said, “No eligible pensioner should interpret this first phase as an exclusion. We are beginning from defined historical brackets so that government can process systematically and transparently.

“We are starting here, but we are not stopping here. The validated historical records before government cover the accumulated obligations.”

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Mohammed noted that many retired workers had waited for more than a decade to receive their gratuity, describing the backlog as one of the most challenging issues inherited by his administration.

He said, “Today, we say to you, your wait is finally coming to an end. Acknowledging the plight of our senior citizens, when we talk about monthly living, there should be dignity.

“It is a systemic injustice when, after finishing years of service, you are unable to receive your hard-earned entitlement. Sadly, we have lost some of our colleagues along the way without them tasting the fruit of their labour.”

The governor said the government recognised the contributions of retirees who spent decades building the state’s infrastructure, schools, healthcare system and administrative machinery.

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He added that the government had established the Bauchi State Contributory Pension Scheme to strengthen the management of pension-related matters, including data validation, verification and reconciliation.

Mohammed directed the relevant committee and officials overseeing the exercise to ensure transparency, speed and fairness in the disbursement.

He said there should be no bureaucratic bottlenecks during the verification process and directed that senior citizens should be given priority and treated with dignity.

The governor said the payment was not merely a financial intervention but a demonstration of the government’s commitment to addressing inherited obligations and improving the welfare of retirees.

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He urged beneficiaries to provide the necessary documentation, cooperate with the verification process and use the payments prudently to support themselves and their families.

The Speaker of the state House of Assembly, Abubakar Sulaiman, said the legislature unanimously approved the release of funds for the payment of the outstanding gratuity.

Sulaiman said the House had remained concerned about the hardship faced by retirees as a result of the accumulated backlog.

He said, “The commencement of this month’s payment of gratuity is an important step towards addressing a long-standing obligation to the men and women who devoted their productive years to the service and development of our dear state.

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“The House has demonstrated its commitment through concrete legislative action by approving the request of the government to secure the necessary financing for the settlement of outstanding gratuity.”

The Speaker said the House approved the measure because gratuity was an entitlement earned through years of dedicated service and should not be regarded as a favour to retired workers.

He commended Governor Bala Mohammed for responding to the resolutions of the House and demonstrating political will towards addressing the longstanding liability.

Sulaiman said the exercise was expected to commence with about 1,700 retirees across the state.

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He assured retirees that the House would continue to provide legislative support and oversight to ensure that the welfare and legitimate entitlements of workers and pensioners received adequate attention.

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