Falana: Cash transfers to poor Nigerians are government’s legal obligation, not charity

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has said the Federal Government is under a legal obligation, not an act of charity, to provide cash transfers, grants and other social protection programmes to poor and vulnerable Nigerians under the National Social Investment Programme Agency (Establishment) Act, 2023.

 

Falana, who is Chairman of 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 recent public discussions on poverty alleviation, prompted by comments from First Lady Oluremi Tinubu, should focus on the government’s statutory responsibility to combat poverty rather than on individual initiatives.

 

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

 

“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,” Falana said.

 

His remarks come days after the First Lady urged Nigerians not to lose hope amid economic hardship, saying small businesses such as selling akara, roasting corn and producing kulikuli require little capital and can provide a source of livelihood. She also noted that her empowerment initiatives focus on grants rather than loans.

 

While acknowledging the initiative, Falana argued that the central issue is the government’s constitutional and statutory duty to provide social protection for vulnerable citizens.

 

He explained that the NSIPA Act established the agency to coordinate interventions through four flagship programmes: N-Power for youth employment and skills acquisition, the Conditional Cash Transfer (CCT) scheme, the Government Enterprise and Empowerment Programme (GEEP)—which includes TraderMoni, MarketMoni and FarmerMoni—and the National Home-Grown School Feeding Programme (NHGSFP).

 

He added that the law also mandates NSIPA to work with state social investment agencies to implement poverty reduction programmes across the country.

 

Falana recalled that following allegations of fraud under the previous administration, President Bola Tinubu proposed legislation to transfer the management of the social investment programmes from the Ministry of Humanitarian Affairs and Poverty Reduction to the Presidency in a bid to improve transparency and accountability through the National Social Register.

 

He noted, however, 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 regularly update Nigerians on the implementation of poverty reduction programmes, while calling on citizens to demand periodic reports from state social investment agencies.

 

He said the NSIPA Act was enacted to give effect to Section 16 of the 1999 Constitution, which directs the state to manage the national economy to promote the welfare and well-being of all citizens.

 

Citing official data, Falana noted that the National Bureau of Statistics (NBS) estimates that about 133 million Nigerians are multidimensionally poor, while PwC Nigeria projects the figure could rise to 141 million, representing about 62 per cent of the population.

 

He warned that if the Federal Government fails to fund poverty reduction programmes in line with the law, ASCAB will challenge the decision at the Federal High Court.

 

The National Social Investment Programme Agency was established by the National Social Investment Programme Agency (Establishment) Act, 2023 to institutionalise Nigeria’s social protection programmes, including cash transfers, youth employment initiatives, microcredit schemes and the school feeding programme, while ensuring continuity, transparency and accountability in their implementation.