President Bola Ahmed Tinubu has declined assent to the 2026 National Identity Management Commission (NIMC) Establishment Bill, citing legal inconsistencies, drafting errors and structural flaws in the proposed legislation.
The President communicated his decision to the House of Representatives through a letter read during plenary by Deputy Speaker Benjamin Kalu.
Invoking Section 58(4) of the 1999 Constitution, Tinubu explained that while parts of the bill were properly drafted, several provisions failed to meet the legal and constitutional standards required for effective implementation.
One of the major concerns raised by the President was the Long Title of the bill, which mentions the repeal of the existing NIMC Act but fails to clearly state that the legislation also seeks to reenact it.
According to Tinubu, proper legislative drafting requires both intentions to be clearly captured in the title of the bill.
The President also identified issues with provisions relating to the composition and appointment of members of the commission’s governing board.
He noted that Section 4(2) wrongly classified some institutional representatives as presidential appointees even though they are expected to serve as ex officio members by virtue of the offices they hold.
Tinubu further criticised Section 4(1)(b), which provides for the appointment of four Executive Commissioners without clearly stating who appoints them or the qualifications required for the positions.
Another concern raised by the President involved Section 4(3), which requires Senate confirmation for the appointment of the Chairman and Executive Commissioners.
Tinubu argued that the provision conflicts with Sections 171(1) and (2) of the Constitution, which grant the President powers to appoint heads of extra-ministerial departments without legislative confirmation.
He also pointed out ambiguity surrounding the role of the Director-General under Section 4(1)(d), questioning whether the office holder is expected to serve as a member of the board, secretary to the board, or both.
On the commission’s regulatory powers, Tinubu faulted the separation between provisions allowing the commission to issue regulations and those allowing it to issue guidelines.
According to him, the wording creates unnecessary limitations and suggests that guidelines can only be issued through regulations rather than directly under the law.
The President also criticised the bill’s definition of a “supervising authority,” describing it as vague and unnecessary since no part of the legislation clearly assigns such a role.
Tinubu further described Section 37 of the bill as incomplete and legally ineffective, noting that it fails to properly establish the supremacy of the Act over conflicting laws.
He also expressed concern over the removal of the definition of “Minister” from the current NIMC Act, warning that the omission could create uncertainty regarding policy direction and oversight responsibilities for the commission.
The President urged lawmakers to review and correct the identified issues to ensure the bill aligns with constitutional provisions and acceptable legislative standards before it is reconsidered for assent.
