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FAAC Allocation Suspension To Rivers: A FHC Ruling that Misses The Mark

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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 According to Section 120(2)-(3) of the Nigerian Constitution, funds can only be withdrawn from the Consolidated Revenue Fund based on an Appropriation Law approved by the State House of Assembly.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

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Nigeria Must Prioritize Local Defense Contractors for National Security and Economic Growth

While Nigeria strives for self-reliance and national security, its defense procurement landscape remains heavily tilted in favour of foreign contractors.

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BY BEM IBRAHIM GARBA

Despite the growing capacity among Indigenous defense firms, Nigeria continues to favor foreign contractors.

This pattern threatens long-term national security, economic independence, and local innovation.

While Nigeria strives for self-reliance and national security, its defense procurement landscape remains heavily tilted in favour of foreign contractors.

Despite significant strides in capacity development, manufacturing, design, and operational capability, Nigerian-owned defense companies face systemic bias and limited access to government contracts.

This preference for foreign contractors and solutions incurs costs: economically, strategically, and technologically.

If Nigeria is committed to developing a robust, sovereign, and exportable defense industry, it must start by prioritizing local contractors.

FOREIGN FIRMS STILL GET THE FIRST CALL

Today, many Nigerian companies have developed capacity.

They offer reliable, innovative, and scalable solutions, including the production of sensitive equipment/systems, tactical vehicles, protective gear, and training facilities.

Yet, when the time comes for procurement, tenders and negotiations disproportionately favour foreign companies and suppliers.

These foreign firms are not only awarded high-value contracts but are often given easier access to key decision-makers.

Local companies, by contrast, face endless social and political hurdles: excessive scrutiny, limited engagement from end-users, and a lack of pilot opportunities to prove their systems in the field.

THE COST OF MARGINALISING OUR LOCAL INDUSTRY

The consequences of this procurement imbalance are far-reaching:

Capital Flight:

Nigeria loses billions annually by supporting foreign companies instead of helping Nigerian-owned businesses.

This practice enriches foreigners economically and denies local firms the opportunity to collaborate with international partners, which could enhance technology transfer, experience, and knowledge-sharing.

Job Loss:

Neglecting local defense companies negatively impacts the Nigerian economy and leads to job losses.

Manufacturing opportunities that could employ thousands of Nigerian youth are instead given to foreign factories, resulting in the creation and maintenance of valuable jobs overseas that could have been retained in Nigeria.

Technology Dependence:

Relying on foreign suppliers undermines Nigeria’s ability to develop, control, or modify critical defence platforms.

When Nigerian companies receive support, they are encouraged to strengthen partnerships with foreign technology partners, who can provide training and opportunities for technology transfer.

This strategy is essential for helping Nigerian companies develop the necessary technology more quickly.

Export Inhibition:

Without domestic validation, Nigerian-made defense products face challenges in entering foreign markets.

Nigeria aims to promote exports across all sectors.

For exportation to be successful, our products and solutions must meet international standards.

The export of Nigerian defense products will struggle unless these items are first given a chance to succeed in Nigeria.

We need to develop our local industry, validate our products, and then actively launch them into regional and continental markets.

BRAZIL AND INDIA: CASE STUDIES IN STRATEGIC PATRONAGE

Countries such as Brazil and India have demonstrated how intentional local patronage can foster globally competitive defense industries.

In Brazil, companies like Embraer and IMBEL grew under government-backed contracts and patronage.

The Brazilian Armed Forces committed to buying local, even when products were still under development and maturing.

Today, Brazil exports military aircraft and arms globally and has become a respected defense manufacturer.

Nigerian companies require more than just praise; they need patronage. Securing contracts, creating opportunities, and engaging in long-term planning are essential for our local defense firms to thrive.

India’s ‘Make in India’ initiative transformed its defense sector by mandating local sourcing.

Companies like Bharat Forge, TATA Advanced Systems, and Larsen & Toubro received long-term government backing, which allowed them to scale and improve.

India now produces high-quality drones, tanks, and artillery systems with export potential.

The lesson is clear: Nations that support local firms boost their economies, strengthen national defense, and enhance global influence.

A CALL FOR REORIENTATION IN NIGERIA

Nigerian companies require more than just praise; they need patronage. Securing contracts, creating opportunities, and engaging in long-term planning are essential for our local defense firms to thrive.

We call on the Nigerian Armed Forces, the Ministry of Defence, the Police, and all relevant government agencies to:

Adopt a Local-First Procurement Policy: Allocate a specific percentage of all defense procurement contracts to Nigerian companies.

Award Contracts for Capability and Growth:

Support local businesses by placing genuine orders instead of merely making promises or running pilot tests.

Various procurement models can be utilized to encourage the growth of local companies while minimizing risks for buyers.

We urge the Armed Forces and relevant purchasers to explore these models in the interest of our collective growth.

Foster Strategic Partnerships with Local Leadership:

The federal government, the armed forces, the police, and all other buyers should require foreign companies to partner with Nigerian companies to secure contracts.

Similar to the laws in places like Dubai, foreign companies should not be eligible to secure defense contracts in Nigeria directly.

They must partner with Nigerian defense companies to facilitate knowledge transfer and equity sharing with Nigerian firms.

Create End-User Incentives:

Encourage military and police leaders to implement solutions made in Nigeria and provide rewards for successful adoption.

Establish a Nigerian Defence Development Fund:

The government should create a Nigerian Defence Development Fund to provide long-term capital to local firms for research and development, infrastructure, and certifications.

THE TIME IS NOW

Nigeria’s future security needs to be developed within the country. This requires us to trust our own companies and local initiatives to provide the solutions we need.

Like Brazil and India, we must be willing to support homegrown solutions and products through their early challenges, understanding that true mastery comes with experienced local companies cannot thrive on encouragement alone—they require contracts, partnerships, and a long-term belief from their own country.

We possess the talent, ambition, and drive. What we need now is opportunity.

If Nigeria aims to become a true continental power in defense and technology, the change must begin with a simple decision:

Buy Nigerian, trust Nigerian, and defend Nigerian.

This article was written by Bem Ibrahim Garba, a defense industry professional and advocate for indigenous industrial growth in Nigeria.

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The Backlash Against Enioluwa’s Tears Shows Why Nigerian Men Are Dying in Silence , by Halima Layeni

The recent attack on 25 Year-old Nigerian influencer, Enioluwa Adeoluwa, for crying at his best friend, Priscilla’s wedding is more than an internet scandal. It is an indictment of our collective failure to raise emotionally healthy men.

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A nation that once took pride in raising “strong men” is now reaping the consequences of generations of emotional suppression and it’s breaking our men.

The recent attack on 25 Year-old Nigerian influencer, Enioluwa Adeoluwa, for crying at his best friend, Priscilla’s wedding is more than an internet scandal. It is an indictment of our collective failure to raise emotionally healthy men.

Enioluwa, in a raw, beautiful, and deeply human moment, shed tears as he celebrated a life milestone with someone he loves platonically.

But instead of compassion, he was met with venom.

The internet erupted with disturbing comments from Nigerian men, the very people who should understand the weight of unspoken emotions.

“Men used to fight lions and tigers but little boys have to watch Enioluwa shed tears like a woman on her period.”

“Enioluwa is such a terrible role model for younger men.”

“When I have a male child, when he turns 10 years old I go first break five bottles for his head make he know say men mount.”

“I go wear crown of thorns make he know say life no be bed of roses.”“See simp behavior. You dey cry because woman marry? Na wa for you.”

A man who cannot cry is often a man who cannot connect, cannot heal, and cannot love fully.

“He must have been sleeping with her. Why else would a man cry that much?

”These cruel commentary is not just about Enioluwa. It is about every boy who has been told that his tears are unacceptable.

It is about every man who has been shamed for showing emotion. It is about a culture that would rather raise broken, hardened men than whole, healthy ones.

There is nothing wrong with a man crying. There is nothing wrong with a man expressing deep affection for a friend.

There is nothing wrong with a man being emotionally present in a moment of transition, joy, or loss.

What is wrong is the fact that our society punishes softness, ridicules empathy, and weaponizes masculinity.

Boys in Nigeria and many parts of the world are taught from an early age that masculinity means stoicism, dominance, and emotional detachment.

“Be a man” often means: suppress your feelings, deny your pain, and never under any circumstances show vulnerability.

Over time, this has created men who are emotionally constipated, unable to process grief, incapable of expressing love, and ill-equipped to build emotionally safe relationships.

This recent incident also brings to light another disturbing facet of toxic masculinity, the idea that men and women cannot be friends without sex.

Enioluwa was accused of being a “simp,” “emotional,” and “pathetic,” simply for valuing his platonic friendship.

Some even went as far as suggesting that he must have been sleeping with his best friend because, to them, no man could possibly show that kind of love unless there was sexual benefit involved.

This thinking is not only immature, it is harmful. It denies men the full range of human connection.

It teaches them that friendship is only valuable if it comes with physical reward. And it strips them of the beautiful, non-sexual intimacy that makes life meaningful.

The idea that a man cannot cry over the marriage of his female best friend without ridicule is a sign of deep emotional poverty.

We are grooming our sons to become emotionally unavailable men and it is showing up in our homes, our relationships, and our society.

Men who cannot express emotions also struggle to be present partners, affectionate fathers, and loyal friends.

They retreat from vulnerability, and in doing so, they retreat from the very thing that makes them human.

The emotional repression we’ve normalized is killing our men literally and figuratively. Suicide, substance abuse, domestic violence, absentee fatherhood all have roots in unresolved pain and emotional illiteracy.

A man who cannot cry is often a man who cannot connect, cannot heal, and cannot love fully.

There is nothing weak about a man who cries. There is nothing shameful about being soft and compassionate.

There is nothing unmanly about being vulnerable. In fact, it takes immense courage to feel deeply in a world that tells men to shut it down.

Healthy masculinity is not born from emotional numbness, it is nurtured through compassion, empathy, and self-awareness.We must raise men who are free to feel.

Men who understand that crying is not a sign of weakness, but a release of strength.

Boys who will grow into men who can be tender with their spouses, emotionally present for their children, supportive of their friends, and kind to themselves.

The backlash Enioluwa faced is painful, but it has started a conversation that we cannot afford to ignore.

If we truly care about our men, their mental health, their emotional well-being, their future we must rewire the way we raise them.

No more broken bottles. No more crowns of thorns.

No more silent suffering. Let us raise men who cry, who feel, who love, and who heal.

Let us raise whole men.

Halima Layeni, Founder Men’s Mental Health Advocate / Life After Abuse Foundation, wrote this piece

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N500 Gala sparks cost-of-living debate

“How can I buy a Gala of N50 for N500?” Tolani, a final-year student at the University of Lagos said

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Once a humble N50 snack in the 2000s, Gala has now evolved with a premium N500 offering — igniting a heated cost-of-living debate. N500 Gala.

Social media and public discourse reflect Nigerians’ deep attachment to Gala as a cultural icon tied to its former N50 price.

BusinessDay reports that since February, the snack has been at the center of widespread discussions after UAC Foods introduced a new variation at a retail price of N500.

“How can I buy a Gala of N50 for N500?” Tolani, a final-year student at the University of Lagos said. This same sentiment was shared by Ann, a fresh graduate from the University of Port Harcourt.

She said “It feels weird buying Gala for N500, even though it’s a bigger size.”

Many Nigerians argue they would never pay N500 for a product they still associate with its N50 legacy.

However, what many fail to recognize is that the new product is almost double the size compared to what is now called the “old Gala”.

While the former product was 65 grams, the N500 Gala was 120 grams.

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