Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
President Bola Tinubu has declined assent to two bills passed by the National Assembly, citing constitutional inconsistencies, drafting errors, and provisions that exceed statutory authority. The President's decision, communicated in separate letters dated July 7, 2026, affects the Chartered Institute of Purchasing and Supply Management of Nigeria (Amendment) Bill, 2026, and the Raw Materials Research and Development Council (Amendment) Bill, 2026. Senate President Godswill Akpabio read the President's letters during Thursday's plenary, while Speaker Tajudeen Abbas read similar correspondence to the House of Representatives.
On the Chartered Institute of Purchasing and Supply Management of Nigeria Bill, Tinubu acknowledged that many of the proposed amendments were commendable. However, he objected to clauses that sought to grant the institute regulatory powers beyond its legal mandate. The President specifically faulted proposed amendments to Clause 8, which sought to insert new subclauses (10) to (15) into Section 11 of the principal Act. One provision would require incorporated entities and organisations to notify the institute within one month of appointing a head of procurement and supply chain. Tinubu argued that such a requirement was legally untenable because the institute is not the statutory regulator of those organisations. He said: "The Institute, not being the regulator, cannot force incorporated entities or organisations that are independent and perhaps not registered members of the Institute to furnish such particulars."
The President also objected to provisions that would impose financial penalties on employers who appoint non-members to head procurement units, compel organisations to notify the institute of staff removals, empower the institute to initiate legal action against non-members, and authorise inspection visits to companies. He maintained that the institute is not the regulator of the procurement sector and therefore cannot direct or compel participants on matters relating to their internal affairs. Tinubu noted that the institute can only enforce compliance against its members, not against non-members, and against non-members it can only enforce contractual claims as a body corporate with the power to sue and be sued.
On the Raw Materials Research and Development Council (Amendment) Bill, the President said the proposed law contained structural and drafting deficiencies that needed to be addressed. He noted that the bill's long title did not adequately reflect its principal objective of promoting the development, protection and processing of Nigeria's raw materials. According to him, the title should clearly state that the amendment seeks to provide for the development and protection of Nigeria's raw materials, while also supporting local manufacturing and processing industries. Tinubu also identified inconsistencies in Section 2 of the bill, saying it presented the council's functions as legislative objectives instead of operational responsibilities. He explained that legislative objectives are meant to outline policy goals and not the specific functions of an agency, adding that the bill mixed up the two concepts. The President further observed that provisions relating to value addition to raw materials were inserted between sections dealing with the council's finances and annual accounts, making the amendment difficult to follow. He stated: "These erroneous insertions make the Bill incoherent and difficult to comprehend within the context of the Principal Act. Accordingly, the Bill as currently proposed is disjointed."
Despite withholding assent, Tinubu indicated that both bills could be reconsidered once the identified constitutional and legislative issues are addressed. "Subject to the correction of the above issues, the Bill may be suitable for retransmission for assent," he said. Following the presentation of the letters, Senate President Akpabio referred both bills to the Senate Committee on Rules and Business, directing the panel to report back within four weeks. The House of Representatives similarly referred the bills to its own committee for further legislative action.
Under Section 58(4) of the 1999 Constitution, the President has the authority to decline assent to bills passed by the National Assembly and return them with observations for reconsideration. Lawmakers may amend the bills in line with the President's recommendations or, where necessary, invoke constitutional procedures to override a presidential veto. The National Assembly now faces the task of addressing the President's concerns before retransmitting the bills for assent. Should lawmakers fail to address the identified flaws or choose to override the veto, a constitutional showdown between the executive and legislative branches could ensue.
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