Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has declared that the Federal government is under a legal obligation 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 stated that the implementation of poverty reduction programmes is no longer a matter of government discretion or charity but a statutory responsibility backed by law.
The senior lawyer, who doubles as 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.
In a statement issued on Sunday, Falana said recent public discussions on poverty alleviation, prompted by comments made by the First Lady, Oluremi Tinubu, should focus on the government’s legal responsibility to address poverty rather than individual efforts alone.
According to him, the National Social Investment Programme Agency Act 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 that providing grants and support to poor Nigerians should no longer be viewed as political patronage or acts of generosity.
“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,” he stated.
Falana’s remarks come days after the First Lady encouraged Nigerians facing economic hardship not to lose hope, noting that small businesses such as selling akara, roasting corn and producing kuli-kuli require little capital and could provide a source of income.
The First Lady also stated that her empowerment programmes focus on providing grants rather than loans to enable beneficiaries to start businesses.
While acknowledging the initiative, Falana said many Nigerians had questioned whether such businesses alone could address the country’s growing poverty level, insisting that the more important issue was the government’s statutory responsibility to provide social protection.
He explained that the NSIPA Act established the National Social Investment Programme Agency to coordinate interventions targeted at vulnerable citizens, unemployed youths and small business owners through four flagship programmes.
The programmes include the N-Power Programme for youth employment and skills acquisition, the Conditional Cash Transfer (CCT) scheme for poor and 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 added that the law also requires the agency to collaborate with State Social Investment Programme Agencies in implementing poverty reduction initiatives nationwide.
The senior advocate recalled that following allegations of fraud in the management of the social investment programmes under the previous administration, President Bola Tinubu forwarded a bill to the National Assembly seeking to transfer the management of the 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.
He, however, noted that the amendment bill has 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 to reduce poverty and support vulnerable households.
According to Falana, the NSIPA Act was enacted to enforce the provisions of Section 16 of the 1999 Constitution, which mandates the Nigerian state to control the national economy in a manner that secures the welfare, freedom and happiness of citizens.
Citing official figures, he noted that the National Bureau of Statistics (NBS) estimated that about 133 million Nigerians were multi-dimensionally poor, while PwC Nigeria projected that the number could rise to 141 million, representing about 62 per cent of the country’s population.
Falana warned that if the Federal government fails to fund poverty reduction programmes in line with the provisions of the NSIPA Act in the 2026 budget, ASCAB would institute legal proceedings at the Federal High Court to compel compliance with the law.
The National Social Investment Programme Agency was established through the National Social Investment Programme Agency (Establishment) Act, 2023 to institutionalise Nigeria’s social protection programmes and provide a legal framework for implementing interventions such as cash transfers, youth employment schemes, microcredit programmes and school feeding initiatives.
The programmes have remained under public scrutiny following allegations of financial mismanagement during the previous administration, prompting the Tinubu administration to propose reforms aimed at strengthening transparency, accountability and the delivery of social welfare programmes.
- Media Report