Opinions
FAAC Allocation Suspension To Rivers: A FHC Ruling that Misses The Mark
By Muhammad Jibrin Barde
The Federal High Court (FHC) ruling, which restrains the release of Rivers State’s funds in the absence of an Appropriation Law passed by the Rivers State House of Assembly, raises significant constitutional concerns, particularly in light of the Supreme Court’s 2004 judgment (SC 70/2004).
Federal Allocation to States and Constitutional Guarantees:
The Constitution guarantees states’ entitlement to allocations from the Federation Account, and the Supreme Court in SC 70/2004 upheld that such allocations are a constitutional right that cannot be withheld arbitrarily by the federal government.
The Supreme Court’s decision in favor of Lagos State found the federal government’s attempt to withhold funds unconstitutional, establishing that allocations due to states should be disbursed as constitutionally mandated.
This precedent implies that Rivers State is constitutionally entitled to its allocations from the Federation Account, and interference with these funds may constitute a breach of that entitlement.
Requirement for an Appropriation Law:
The FHC ruling is centered around the requirement that an Appropriation Law must be in place before funds in the Consolidated Revenue Fund of Rivers State can be accessed. According to Section 120(2)-(3) of the Nigerian Constitution, funds can only be withdrawn from the Consolidated Revenue Fund based on an Appropriation Law approved by the State House of Assembly.
However, this clause does not extend to funds from the Federation Account before they reach the state treasury; rather, it governs the usage of the funds once they are within the state’s Consolidated
Revenue Fund.Conflict with Supreme Court Judgment:
The Supreme Court’s 2004 ruling indicates that federal allocations should not be impeded once they are due to a state.
The FHC’s ruling attempts to impose a condition that could delay or restrict the disbursement of funds already allocated to Rivers State.
This could be viewed as overstepping by preventing the state from receiving its constitutionally guaranteed allocations, even if these funds are held in trust until an Appropriation Law is enacted.
This interpretation aligns with SC 70/2004, suggesting that allocations should reach the state without obstruction and that any issues regarding appropriation should be resolved at the state level post-disbursement.
Legality of FHC Injunction in Absence of Appropriation Law:
While it is lawful to require an Appropriation Law for spending from the Consolidated Revenue Fund, the FHC’s decision to prevent the transfer of Federation Account allocations until the passage of an Appropriation Law may be seen as an interference in the financial autonomy of Rivers State.
Typically, withholding funds as a coercive measure to ensure compliance with budgetary laws is not within the FHC’s purview if it restricts the constitutional allocation process established by the Supreme Court.
Possible Grounds for Challenging the FHC Ruling:
Rivers State might argue that the FHC’s ruling contradicts the Supreme Court’s interpretation in SC 70/2004 and infringes upon the state’s financial rights by imposing a restriction not prescribed by the Constitution.
Additionally, the restriction on utilizing funds for election-related purposes without an Appropriation Law might exceed the court’s jurisdiction by interfering in state functions outside federal oversight.
Once funds are allocated from the Federation Account to a state, they become the state’s constitutional entitlement and are protected from external interference by the Federal Government or any federal agency.
Let me also clarify any misunderstanding that may arise regarding the core constitutional issues and the Supreme Court precedent in SC 70/2004. Distinction Between Local Government
Funding and State Allocation:
The Supreme Court case in SC 70/2004 clarified a crucial principle: the constitutional allocation due to states from the Federation Account cannot be withheld by the Federal Government.
The case involved Lagos State’s right to receive funds for its recognized Local Government Authorities.
While Lagos State created additional Local Government Development Areas (LCDAs), it did not prevail on those additional LGAs; however, the Supreme Court did affirm the illegality of the Federal Government’s attempt to withhold funds for the constitutionally recognized LGAs.
Here, the distinction lies in the broader constitutional principle: federal allocations are a constitutional right for each state, and the Federal Government does not have the discretion to withhold funds due to a state based on internal administrative issues within the state, such as the status of a state budget.Federal Government’s Authority.
Regarding State Appropriation Processes:
In the Rivers State matter, the Federal Government is not seeking to “withhold” allocations per se; however, the Federal High Court’s order to prevent the disbursement of Rivers State’s funds due to the absence of an Appropriation Law raises a similar issue of interference.Constitutionally, while an Appropriation Law is required to access funds within the Consolidated Revenue Fund of the State (under Section 120 of the Constitution), the constitutional entitlement of federal allocations to the state is distinct.
Once funds are allocated from the Federation Account to a state, they become the state’s constitutional entitlement and are protected from external interference by the Federal Government or any federal agency.
Role of the Federal Government and the Scope of Judicial Orders: The argument suggesting the President could remove a sitting Governor and replace them with an administrator is legally unsound within the current democratic framework.
The 1999 Constitution of Nigeria, as amended, does not grant the President unilateral powers to remove a governor for issues related to the passing of the state’s budget.
Removal of a Governor is explicitly governed by constitutional provisions, primarily through impeachment processes within the State House of Assembly. Any administrative intervention on the grounds of “national security” would require a formal declaration of a state of emergency and is limited to extraordinary circumstances.
Path Forward for Rivers State:
The simplest resolution would indeed be for the Rivers State Government to present the budget for approval. However, this does not grant the Federal Government or any federal court the authority to impose restrictions on funds due to Rivers State from the Federation Account.
This would represent an overreach and conflict with the constitutional precedent set in SC 70/2004.
Summary
The FHC’s ruling could be challenged on constitutional grounds, as it oversteps by potentially infringing on Rivers State’s rights to its constitutionally mandated allocations.
Any conditions placed on these allocations should respect the autonomy and financial independence of the state as provided by the Constitution.
The Rivers State Governor’s actions or inactions concerning the Appropriation Law should be addressed internally within the state’s legislative processes, without federal interference in the form of withheld allocations.
Conclusion:
The FHC ruling, though focused on enforcing fiscal discipline, potentially conflicts with the 2004 Supreme Court decision that supports the automatic and unconditional allocation of funds to states.
The FHC’s requirement for an Appropriation Law as a precondition for receiving these funds could be argued as unconstitutional interference if it restricts the initial disbursement process.
Rivers State may challenge this ruling in the appellate courts, emphasizing that federal allocations are a constitutional entitlement and should not be conditional on state-level legislative procedures.
■ Views expressed by contributors are strictly personal and not of OHIBABA.COM
Opinions
Soludo’s Historic Victory and the Anambra Renaissance
By Christian ABURIME
When the Governor of Anambra State, Professor Chukwuma Charles Soludo, CFR, took the microphone in Awka on Sunday morning to deliver his victory speech, he did so not just as a re-elected governor, but as the beneficiary of something significant in Nigerian politics: an unambiguous popular mandate. His resounding re-election marks not just a personal triumph, but a watershed moment in Anambra’s democratic journey.
With 422,664 votes representing 73 percent of ballots cast, and victories across all 21 local government areas, Governor Soludo’s triumph transcends the arithmetic of electoral politics. It represents a decisive endorsement of governance, a validation of vision, and perhaps most significantly, a repudiation of the cynicism that too often characterises our democratic discourse.
The statistics from Saturday’s election deserve careful scrutiny, for they reveal a narrative far more compelling than mere electoral victory. Four years ago, when Governor Soludo first ascended to the governorship with 112,000 votes amid low voter turnout, skeptics questioned the strength of his mandate. On Saturday, the people of Anambra answered those doubts emphatically. Voter participation broke the historic 20 percent ceiling, reaching 22 percent, a milestone achievement in a state and nation where electoral apathy has become endemic.
Of course, this is not simply about percentages. It represents a fundamental shift in civic engagement, suggesting that when citizens believe their votes matter, when they see tangible results from governance, and when the electoral process inspires confidence, they would participate. The contrast between Governor Soludo’s initial 112,000 votes and his current 422,664 is not just a mere testimonial but a concrete one that the people have spoken emphatically
Governor Soludo’s gracious acknowledgement of INEC’s performance deserves particular attention.
His description of Saturday’s election as “the best election INEC has organised in Anambra so far” is quite significant, coming from a sitting governor with every incentive to remain diplomatically silent about the electoral body. His specific praise for INEC’s ICT department and the real-time upload of results on the IReV portal, with over 99 percent of polling unit results uploaded by midnight, also speaks to the technological transformation gradually reshaping Nigeria’s electoral landscape.
Besides, the transparency enabled by technology has been the great democratiser of this election cycle. When every citizen can download polling unit results in real-time, when the pathway from ballot box to final tally is illuminated by digital accountability, the space for manipulation narrows dramatically. And Governor Soludo’s victory is thus doubly legitimate: won at the polls and verified by digital precision.
An instructive element of Governor Soludo’s victory speech was his praise for President Bola Ahmed Tinubu as a “true democrat” committed to free and fair elections in Anambra. For long, ours has been a political culture where federal might has historically been deployed to influence state elections, but the presidential restraint in the Anambra election represents a form of democratic maturity that should not go unnoticed.
When presidents allow states to choose their own leaders without federal interference, when ruling parties accept defeat gracefully, when the machinery of state remains neutral in electoral contests, these become the building blocks of democratic consolidation.
In another dimension, Governor Soludo’s margin of victory, defeating his closest rival by more than 320,000 votes, creates an interesting political dynamic. Such comprehensive victories can be double-edged swords. They provide governors with the political capital to pursue ambitious agendas without the constant distraction of defending narrow mandates. Yet they also eliminate the moderating influence of competitive pressure, potentially fostering complacency or insularity.
But the governor’s gracious words to his fellow contestants, acknowledging that “sixteen of us were on the ballot, and obviously, one person will win”, suggest an awareness of this dynamic. His extension of fellowship to all contestants and his description of politics as “a contest of ideas, not enmity” reflects a maturity that Anambra’s political culture increasingly demands.
Yet, here lies the paradox of overwhelming victory: expectations would now soar proportionally to the mandate received. When nearly three-quarters of voters endorse your leadership, the burden of delivery becomes correspondingly heavier. Governor Soludo’s closing declaration, “you ain’t seen anything yet”, is both promise and prophecy, both aspiration and obligation.
In fact, as a leader who is fondly called ‘Oluatuegwu’ (one who doesn’t fear work), Governor Soludo had already got back to work before his victory declaration, calling the Commissioner for Budget for briefing while awaiting election results! For him, there is no luxury of time to indulge in any victory celebration. As he said, “It’s time to get back to work!”
He now has the leverage to go all the way and turn Anambra into an axis of sustainable flourishing of the African-Dubai-Taiwan-Silicon Valley
The broader significance of Saturday’s election may lie not in Anambra alone but in what it represents for Nigerian democracy. When electoral technology works, when results reflect genuine popular will, when incumbents are judged on performance rather than partisan or sectarian loyalties, when voter participation increases, we glimpse the democracy Nigeria could become.
Yes, Governor Soludo’s victory is historic not only because he won in all 21 local government areas but because of how he won: through a process widely acknowledged as transparent, through a mandate clearly expressed, through civic participation notably increased.
Indeed, Anambra has spoken. And in a democracy, that is both the beginning and the end, the alpha and omega verdict.
As the formidable ‘Oluatuegwu’ begins his second term with this strengthened mandate, the people of Anambra have sent an unmistakable message: we have employed you again. In response, the governor spoke of moving “into high gear to deliver more for the good of Anambra.” A new era begins now.
Opinions
Positioning Nigeria Towards a N1 Quadrillion Economy, By Dr. Olisa Agbakoba
We currently have one of the highest currency volatilities in Africa, with the naira depreciating by over 40% in 2024 alone, ranking among the continent’s worst performing currencies.
• Dr Olisa Agbakoba, SAN
Dr Olisa Agbakoba (SAN) is offerring insights on how Nigeria can achieve a ₦1 Quadrillion economy in 10–15 years.
Dr Agbakoba, in a letter: IDEAS FOR A QUADRILLION NAIRA ECONOMY IN 10 to 15 YEARS, dated November 7, 2025, and addressed to the Minister of Finance and Coordinating Minister of the Economy, Mr. Wale Edun, propose three transformative reforms that could create the fundamentals and unlock over 1.5 quadrillion Naira in economic values.
The document reads: “
Dear Honourable Minister,
“I refer to your recent statement, “Nigeria Turns Towards Prosperity.” You highlighted the Tinubu government’s significant achievements including GDP growth, declining inflation, stabilized exchange rates, increased foreign reserves, and improved oil production.
Despite these successes, exchange rate volatility remains our most pressing challenge.
We currently have one of the highest currency volatilities in Africa, with the naira depreciating by over 40% in 2024 alone, ranking among the continent’s worst performing currencies.
With 1 billion naira worth less than 1 million dollars, demand naturally tilts toward the dollar. The root cause is simple.
The naira lacks fundamentals—tangible economic pillars that give people reason to hold and use.
To reverse this, we must create fundamentals to back the naira. I propose three transformative reforms that could create these fundamentals and unlock over 1.5 quadrillion naira in economic value.
The first is land and real estate titling.
1. Land and Real Estate Titling Reform
Studies done by the World Bank, PwC, and my firm OAL show that 90% of Nigerian land and real estate have tainted, defective, or no titles.
This creates “dead capital”—assets that cannot be traded, serve as collateral, and cannot be indexed to the financial system.
Economist Hernando de Soto demonstrated in his book “The Mystery of Capital” that converting dead capital into productive assets through formal property rights revolutionizes developing economies.
Margaret Thatcher called De Soto’s work a potential “enormously beneficial revolution” that addresses the fundamental weakness of Third World economies: the lack of property rights and enterprise frameworks.
Property titling reform transforms dead capital in land and real estate into legally recognized assets. Owners can use their land or homes as collateral to access credit. Banks become willing to lend because the property now represents secure collateral with enforceable legal backing.
This process releases the equity locked in land, converting illiquid assets into financial capital that can circulate through the economy.
The result is substantial new liquidity—more individuals and businesses gain access to loans, properties become tradable assets, and dormant wealth enters productive use.
The foundation for reform is already being laid. Your administration is implementing the National Land Registration, Documentation and Titling Programme, which aims to digitize land records and create a unified, transparent system. What is needed now is acceleration and scale.
By indexing property values to the financial system through digital integration and legal harmonization across federal and state systems, we can create an instant credit market worth potentially thousands of times our GDP.
The money flow would then be available to finance development across the nation.
Unlocking trapped property assets that are presently dead capital will encourage investors who currently prefer to buy properties abroad to buy in Nigeria.
This will deepen naira denominated asset markets, reduce dependency on dollar denominated assets for wealth storage, and strengthen demand for the naira by creating viable local investment alternatives.
Using the World Bank and PwC’s conservative estimates of $900 billion in dead capital, at today’s rate of ₦1,500 to $1, this represents 1.5 quadrillion naira.
The economic impact of releasing 1.5 quadrillion naira into productive use cannot be overstated.
If this is done with the same strategic approach as the tax reform, it will transform Nigeria’s economy, provide sustainable backing for the naira, and create the foundation for long term prosperity.
By creating a vast, liquid real estate market indexed to the financial system, land titling reform establishes a critical fundamental that anchors the naira’s value and dramatically reduces exchange rate volatility. I must also acknowledge challenges of inflationary pressure. Let me now move to the next coequal fundamental, and that is a credit economy.
Naira-denominated credit will boost domestic consumption of locally produced goods and services, reduce import demand and foreign exchange pressure.
2. Credit Economy Expansion
Nigeria operates a cash economy. This limits the economy’s potential because people can only buy what they can afford.
By contrast, a well-developed credit system allows people to buy what they cannot afford provided they manage their debt. For instance, 90% of Americans cannot afford a house without a mortgage.
In the same vein, any Nigerian who can pay rent can afford a mortgage, but this is not possible without a legal framework.
A robust policy and legal framework to support a credit process will be transformational. 200 million Nigerians, each with ₦300,000 in credit facilities, would inject ₦60 trillion into the economy.
Naira-denominated credit will boost domestic consumption of locally produced goods and services, reduce import demand and foreign exchange pressure.
A thriving naira credit market will deepen domestic financial markets and make the naira more attractive as an asset and reduce the speculative attacks that drive exchange rate volatility.
When citizens can access credit in naira to own homes, start businesses, and build wealth, the currency gains intrinsic value and stability.
This credit infrastructure becomes a vital fundamental—a reason for people to hold and transact in naira—thereby reducing our vulnerability to exchange rate shocks.
3. Agricultural Mechanization
In the United States, only 2% of the workforce are in agriculture, yet the sector contributes 5.5% to GDP and generates $1.5 trillion annually. In Nigeria, by contrast, 30 to 38% of the workforce, 15 to 19 times more workers proportionally, is employed in agriculture.
With our GDP at approximately $188 billion, the sector contributes 25 to 26% to GDP but generates only $47 to 49 billion annually, less than one thirtieth of America’s agricultural output despite having a vastly larger workforce.
This stark disparity reveals a fundamental truth: productivity, not the number of workers, determines agricultural success.
America achieves higher output with fewer workers through mechanization and a fully developed value chain: cold storage facilities, food processing plants, packaging companies, logistics networks, agricultural equipment manufacturing, fertilizer production, warehousing, quality control laboratories, marketing and distribution channels, agricultural finance services, and export infrastructure.
Nigeria, meanwhile, remains trapped at subsistence level using manual tools: hoes and cutlasses.
The transformation we need is mechanization, and the potential money flow would be tremendous. With a well developed policy and legal framework, capital will flow into the economy.
The agricultural sector is badly impacted by the titling challenge as defective and tainted land titles are precisely why we remain at subsistence level. Farmers cannot access capital for mechanization without proper collateral.
Moving from subsistence to mechanized agriculture will increase productivity, reduce post harvest losses, enhance food security, and position Nigeria as a net agricultural exporter.
Agricultural exports will generate substantial foreign exchange earnings, increasing FX supply and strengthening the naira.
More critically, food self sufficiency will eliminate the need to import basic staples, currently a major source of FX demand.
Reducing food imports alone could save billions of dollars annually, directly stabilizing exchange rates and reducing imported inflation. When a nation feeds itself and exports the surplus, its currency strengthens naturally.
Agricultural transformation thus creates a powerful fundamental: robust FX earnings and reduced import dependency that provides lasting stability to the naira and shields it from volatility.
What I have done here is to show that if these three reforms are implemented, along with many others like oil and gas, maritime sector optimization, and manufacturing, and are fully developed to back the naira, the naira can exchange at optimal rates because there is a fundamental backing it.
If well handled, we will see significant improvement in the next few years with reduced volatility and a stronger naira.
Honourable Minister, this is not going to be easy work. It is painstaking but doable.
The success of the tax reform shows it can be done. I project a timeline of 10 to 20 years, which is not too far-fetched.
During my lifetime, I have witnessed three presidents whom each served 8 years, so it can be done.
The difference between incremental improvement and transformative change is ambition matched with execution.
These reforms would not merely stabilize the naira; they would fundamentally restructure our economy and create sustainable prosperity for generations.
I have attached for your consideration Olisa Agbakoba Legal’s October policy paper, “Devolution is the Solution Foundational Reform Agenda for Nigeria’s Transformation.”
Opinions
Setting The Record Straight on Recent False Reports About Sylva, by Julius Bokoru
While the Defence Headquarters has already debunked the swirling rumours of a coup in Nigeria, it is important to state emphatically that Chief Timipre Sylva, CON, has no involvement whatsoever—either in planning or in logistics—with any such plot.
• Timipre Sylva
In the past forty-eight hours, I have been inundated with calls from members of the press, political associates, and concerned individuals regarding a circulating report alleging that His Excellency, Chief Timipre Sylva, has “fled” the country in connection with certain purported matters.
For the avoidance of doubt, it is true that the residence of His Excellency, Chief Timipre Sylva, was recently subjected to a raid by individuals believed to be operatives of the Defence Headquarters.
During the said operation, considerable damage was inflicted upon the property.
Despite sustained efforts, I have been unable to ascertain the reasons or authorisation for this raid.
To the best of my knowledge, the officers involved did not provide any categorical explanation for their actions, either at the time or subsequently.
It is important to state unequivocally that His Excellency, Chief Timipre Sylva, and his esteemed wife, Her Excellency, Alanyingi Sylva, were both outside the country at the time of the incident.
As at my last communication with His Excellency, he was engaged in a routine medical check-up in the United Kingdom, after which he was scheduled to proceed to Malaysia to attend a professional conference.
The next development I was made aware of, regrettably, were reports circulating across social media and other platforms concerning the raid on his residence.
While the Defence Headquarters has already debunked the swirling rumours of a coup in Nigeria, it is important to state emphatically that Chief Timipre Sylva, CON, has no involvement whatsoever—either in planning or in logistics—with any such plot.
Chief Sylva is a thoroughbred democrat, whose entire political journey has been defined by his faith in democratic processes and institutions.
From the 1990s, when he was first elected into the Old Rivers State House of Assembly, to his tenure as Governor of Bayelsa State, Sylva has achieved every milestone through transparent, democratic engagement and the will of the people.
His unwavering support for President Bola Ahmed Tinubu is a matter of public record.
It remains fresh in memory how he mobilized the entire Bayelsa APC structure to unanimously endorse President Tinubu at the APC Bayelsa Expanded Stakeholders’ Meeting.
These rumours are nothing more than the handiwork of desperate and narcissistic politicians, already consumed by ambitions for 2027, who see Sylva as their last real obstacle—a man whose political presence and credibility continue to expose their dark, self-serving ambitions.
• Julius Bokoru
Special Assistant on Media and Public Affairs to H.E. Timipre Sylva
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