Special Reports

Cash Transfers, Grants To Poor Nigerians Are FG’s Legal Duty, Not Charity — Falana

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has said the Federal Government is legally bound to provide cash transfers, grants and other social protection interventions to poor and vulnerable Nigerians under the National Social Investment Programme Agency (Establishment) Act, 2023.

Falana, who chairs the Alliance on Surviving COVID-19 and Beyond (ASCAB), warned that the Federal Government could face legal action if it fails to adequately fund poverty reduction programmes in the 2026 fiscal year as required by law.

In a statement issued on Sunday, the senior lawyer said the ongoing debate on poverty alleviation, triggered by recent comments by Nigeria’s First Lady, Oluremi Tinubu, should centre on the government’s statutory responsibility to combat poverty rather than individual initiatives.

According to him, the law establishing the National Social Investment Programme Agency (NSIPA) makes it mandatory for the Federal Government to implement programmes aimed at reducing poverty and unemployment across the country.

“It has become necessary to direct the attention of the Nigerian people to the National Social Investment Programme Agency (Establishment) Act, 2023, which has imposed a legal obligation on the Federal Government to reduce poverty and unemployment,” Falana said.

He added, “Giving grants to poor and vulnerable people in society is no longer borne out of political interests. It has become the government’s legal obligation to citizens, not acts of charity or generosity.”

His remarks come days after the First Lady urged Nigerians not to lose hope despite prevailing economic hardship, saying businesses such as selling akara, roasting corn and producing kulikuli require little capital and can provide sustainable sources of income.

She also stated that her empowerment initiatives focus on providing grants instead of loans to enable beneficiaries to establish small businesses.

While acknowledging the initiative, Falana said many Nigerians had rejected the suggestion that such ventures alone could lift citizens out of poverty, insisting that the government’s constitutional and statutory obligation to provide social protection remains the more fundamental issue.

He explained that the NSIPA Act established the National Social Investment Programme Agency to coordinate interventions for vulnerable citizens, unemployed youths and small business owners through four flagship programmes.

The programmes include N-Power for youth employment and skills acquisition, the Conditional Cash Transfer (CCT) scheme for the poorest and most vulnerable households, the Government Enterprise and Empowerment Programme (GEEP), which comprises TraderMoni, MarketMoni and FarmerMoni, as well as the National Home-Grown School Feeding Programme (NHGSFP).

Falana also noted that the law mandates NSIPA to collaborate with State Social Investment Programme Agencies in implementing poverty reduction and social protection initiatives nationwide.

He recalled that allegations of widespread fraud under the previous administration prompted President Bola Ahmed Tinubu to transmit a bill to the National Assembly seeking to transfer the management of the social investment programmes from the Ministry of Humanitarian Affairs and Poverty Reduction to the Presidency.

According to him, the proposed amendment is intended to improve transparency, strengthen accountability and ensure that beneficiaries are identified through the National Social Register.

However, he noted that the amendment bill is yet to be passed by the National Assembly.

Pending its passage, Falana urged the Ministry of Humanitarian Affairs and Poverty Reduction to provide regular updates on the implementation of poverty reduction programmes.

He also called on Nigerians to demand periodic reports from State Social Investment Programme Agencies on efforts being made to reduce poverty and support vulnerable households.

“The National Social Investment Programme Agency (Establishment) Act, 2023 is designed to ensure the enforcement of Section 16 of the Constitution, which directs the Nigerian State to control the national economy to secure the maximum welfare, freedom and happiness of every citizen,” he said.

Citing official figures, Falana said the National Bureau of Statistics estimated that about 133 million Nigerians are multidimensionally poor, while PwC Nigeria projected that the number could rise to 141 million, representing about 62 per cent of the country’s population.

He warned that if the Federal Government fails to provide adequate funding for poverty reduction programmes in 2026, ASCAB would institute legal proceedings.

“The refusal of the Federal Government to fund poverty reduction programmes in 2026 in line with the provisions of the National Social Investment Programme Agency Act will be challenged by ASCAB at the Federal High Court,” Falana said.

The National Social Investment Programme Agency was established under the National Social Investment Programme Agency (Establishment) Act, 2023 to institutionalise Nigeria’s social protection programmes and ensure continuity in poverty reduction initiatives.

The law provides the legal framework for implementing the Federal Government’s flagship interventions, including cash transfers to poor households, youth employment schemes, microcredit programmes and school feeding.

The social investment programme came under scrutiny following allegations of financial mismanagement during the previous administration, leading the Tinubu administration to propose reforms aimed at improving transparency, strengthening accountability and enhancing the delivery of social welfare programmes through the National Social Register.

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