SUMMARY OF THE MEMO SUBMITTED TO THE HOUSE Of REPS COMMITTEE ON COMMERCE, NASS ABUJA FOR THE PUBLIC HEARING ON THE AFCFTA DOMESTICATION BILL 2026 HB 2765, on MONDAY, 27th July 2026, NASS. BY PROF M T LADAN, COORDINATING DIRECTOR, AFCFTA LAW AND POLICY PROGRAMME DIVISION, OFFICE OF THE DG NILDS NASS ABUJA
Key Observations
1.Comprehensiveness vs. Governance Gaps- HB 2765 offers the most comprehensive framework for implementing the AfCFTA in Nigeria compared to previous bills.
2. Need for Stronger Oversight and Accountability- The Treaties (Making Procedure, Etc.) Act (Amendment) Bill, 2026 provides important oversight, reporting, and accountability mechanisms that are missing from HB 2765.
3. Institutional Coordination and Stakeholder Inclusion- HB 2765 establishes relevant committees but does not adequately ensure cross-agency coordination or the inclusion of diverse stakeholders (e.g., National Assembly, state governments, business and civil society).
4. Reporting and Evaluation Deficits- There is no requirement for regular implementation reporting, economic impact assessments, or measurable performance indicators in HB 2765.
5. Procedural and Legal Consistency- HB 2765 lacks clear domestic procedures for adopting future AfCFTA protocols and does not require legal compliance certification.
Key Recommendations
Strengthen Legislative Oversight- Amend HB 2765 to give the National Assembly explicit roles in oversight, including receiving reports, holding investigations, and monitoring implementation.
Require Annual Implementation Reports- Mandate annual reports to Parliament on implementation progress, challenges, use of AfCFTA preferences, and performance indicators.
Economic and Fiscal Impact Assessments- Require periodic assessments to evaluate the financial and economic impacts of AfCFTA implementation.
Mandatory Legal Compliance Review- Ensure that every new AfCFTA protocol or amendment is accompanied by a legal opinion certifying its consistency with the Constitution and Nigerian law.
Clarify Procedure for Future Protocols- Provide a clear legislative process for adopting future AfCFTA protocols and amendments, in line with section 12 of the Constitution.
Establish a National AfCFTA Repository- Establish a centralised, electronic repository of all AfCFTA agreements, protocols, regulations, and implementation reports, accessible to stakeholders.
Strengthen Institutional Coordination- Enhance collaboration among all relevant government agencies to prevent overlap and improve efficiency.
Expand Implementation Committee Membership- Include representatives from the National Assembly, state governments, business associations, SMEs, academia, women and youth groups, and consumer protection bodies.
Introduce Measurable Performance Indicators- Monitor implementation using quantifiable indicators such as intra-African export growth, customs efficiency, digital trade participation, and inclusion of MSMEs and vulnerable groups.
Strengthen Dispute Resolution Coordination- Develop a domestic mechanism for inter-agency coordination on trade disputes before escalation to the AfCFTA continental system.
Enhance Public Awareness and Capacity Building- Require ongoing public education and capacity-building for all stakeholders, including businesses, exporters, government officials, and legal practitioners.
Strengthen Digital Trade Governance- Incorporate provisions for data governance, cybersecurity, electronic authentication, AI in commerce, and harmonisation with data protection laws.
Promote Local Industrial Competitiveness- Support domestic industries through phased implementation, export promotion, regional value chains, and trade adjustment assistance.
Strengthen Accountability Mechanisms- Prescribe clear administrative consequences for non-performance by implementing institutions.
Periodic Statutory Review- Include a provision for the Act to be reviewed every five years, or as needed, to stay aligned with AfCFTA developments.
Harmonise with Existing Legislation- Review HB 2765 to eliminate conflicts with other trade-related laws and ensure coherence within Nigeria’s legal framework.
Ensure Consistency with International Obligations- Guarantee that the final legislation aligns with the AfCFTA Agreement, its protocols, and international best practices, while preserving the constitutional role of the National Assembly.
Prof M T LADAN, COORDINATING DIRECTOR OF AFCFTA LAW AND POLICY PROGRAMME DIVISION, NILDS ABUJA, at the MONDAY, 27TH JULY 2026, PUBLIC HEARING ON THE AFCFTA AGREEMENT DOMESTICATION BILL HB 2765, with the Hon. Minister of INDUSTRY, TRADE and INVESTMENT, Dr JUMOKE ODUWOLE ( right) and the National AfCFTA coordinator, Mrs Patience Okala(middle), facing the Chairman and members of the House Committee on Commerce, today, Monday 27th July 2026, at the 2nd floor, conference room 028, House of Representatives, National Assembly Abuja. Prof Ladan presented the summary of the memo he and his NILDS TEAM( Dr. Usman Ibrahim and Dr Shamsu Yahya) SUBMITTED TO THE HOUSE COMMITTEE ON COMMERCE.
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