An Abuja High Court has cleared the Federal Government, the Federal Inland Revenue Service (FIRS), and the National Assembly to proceed with the implementation of the new tax regime set to take effect on January 1, 2026, after dismissing a suit seeking to halt the process.
The ruling, delivered on Tuesday by Justice Kawu, struck out an application filed by the Incorporated Trustees of African Initiative for Abuse Public Trustees, which had sought an injunction restraining the government and relevant agencies from implementing the Nigeria Tax Act, 2025, Nigeria Tax Administration Act, 2025, Nigeria Revenue Service (Establishment) Act, 2025, and the Joint Revenue Board of Nigeria (Establishment) Act, 2025.
The plaintiff had asked the court to stop the implementation, pending the hearing and determination of a substantive suit, arguing that the new tax laws contained discrepancies and infringed on certain provisions of the law.
However, Justice Kawu held that the suit lacked merit and failed to demonstrate how the implementation of the new tax laws would cause irreparable harm or violate any constitutional provision. The court emphasised that matters relating to fiscal policy and economic reforms fall squarely within the powers of the government as prescribed by law.
“Once a law is made, any error can only be rectified via amendment or an order of the court, if any,” Justice Kawu stated.
“Controversies over a tax law cannot stop the implementation of a gazetted law except by a valid order of court or an amendment.”
The court further ruled that there was no legal impediment to the enforcement of the new tax framework, affirming that the Federal Government was free to proceed with its full implementation from January 1.
With the dismissal of the case, the legal attempt to delay or suspend the commencement of the new tax regime has effectively failed.
Reacting to the judgement, several stakeholders described the ruling as a “huge boost” for Nigeria’s fiscal reform agenda, noting that it removed the last major obstacle to the rollout of the new tax laws.
“This judgement provides the much-needed clarity and legal confidence for both the government and the private sector,” one stakeholder said. “It ensures the smooth transition to the new tax framework without unnecessary litigation delays.”
The Federal Government is expected to commence the implementation of the new tax regime on January 1, 2026, as planned, with the FIRS and other relevant agencies leading enforcement efforts.
