AN EXAMINATION OF THE CONCEPT OF FISCAL FEDERALISM AND TAX LEGISLATION IN NIGERIA: A CASE STUDY OF LAGOS STATE

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ABSTRACT

This work is prompted by the shortage of revenue accruing to the federating units in
Nigeria. It exposes the potential of taxation as an alternative and or additional revenue
source to the federating states in Nigeria. Using the doctrinal method of research, this
work espouses the potentials of taxation as a viable means of generating revenue for the
federating States in Nigeria. The work analyses the problems bedeviling the
implementation of taxation as a source of revenue generation in Nigeria under the current
legal frame work, it reviewed the approach adopted by Lagos State in its quest for fiscal
independence. Based on the review of Lagos State approach, the work provided the
possible solutions to the over dependence of the other states on the revenue accruable
from the Federation Account by providing possible means that other States could use in
other to attain the success of using taxation as a means of achieving fiscal independence as
currently enjoyed by Lagos State. It was found that Nigeria‘s Federal structure allows
states to enact laws on taxation but the laws are over centralized in the federal legislature
based on the interpretation of the provisions of the constitution and the items in both the
exclusive and concurrent legislative list in the constitution. Corruption and absence of
political will affects the ability of the state to obtain optimal tax success in Nigeria. It is
recommended that a Constitutional review will assist in achieving tax prosperity for the
component states, in the meanwhile, an active State House of Assembly that has the
potential of ensuring a tax legislation that is not an infringement of the current legal
regime can assist states in attaining tax prosperity. Good governance and accountability
has the potential of bringing the Nigerian people on board the policy of taxation.

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