Falana: FG Legally Obligated to Fund Poverty Alleviation, Not Just Charity

Human rights advocate and Senior Advocate of Nigeria, Femi Falana, has asserted that the Federal Government is legally mandated, rather than merely performing an act of generosity, to provide cash transfers, grants, and other social welfare interventions to impoverished and vulnerable Nigerians. This obligation, he explained, stems from the National Social Investment Programme Agency (Establishment) Act, 2023.

Falana, who serves as the Chairman of the Alliance on Surviving COVID-19 and Beyond (ASCAB), issued a stern warning that the federal authorities could face legal repercussions if they fail to adequately fund poverty reduction initiatives in the 2026 fiscal year, as stipulated by law. In a statement released on Sunday, the senior lawyer emphasized that recent public discussions concerning poverty alleviation, spurred by comments from Nigeria's First Lady, Oluremi Tinubu, should pivot towards the government's statutory responsibility to combat poverty, rather than focusing solely on individual efforts.

According to Falana, the legislation establishing the National Social Investment Programme Agency unequivocally makes it compulsory for the Federal Government to execute programmes designed to diminish poverty and unemployment nationwide. He stated, “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.”

He further elaborated, “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's remarks came days after the First Lady encouraged Nigerians to maintain hope despite prevailing economic difficulties, suggesting that small-scale enterprises such as selling akara, roasting corn, and producing kulikuli require minimal capital and can serve as a source of livelihood. She also highlighted that her empowerment programmes prioritize providing grants over loans to enable beneficiaries to establish small businesses.

While acknowledging the First Lady's initiative, Falana noted that many Nigerians had dismissed the notion that such small businesses alone could extricate citizens from poverty. He maintained that the more fundamental issue is the government's constitutional and statutory duty to provide social protection.

He clarified that the NSIPA Act created the National Social Investment Programme Agency to coordinate interventions targeting vulnerable citizens, unemployed youths, and small business owners through four primary programmes. These include the N-Power Programme, aimed at youth employment and skills acquisition; the Conditional Cash Transfer (CCT) scheme, designed for the poorest and most vulnerable households; the Government Enterprise and Empowerment Programme (GEEP), which encompasses TraderMoni, MarketMoni, and FarmerMoni; and the National Home-Grown School Feeding Programme (NHGSFP).

He added that the law also mandates NSIPA to collaborate with State Social Investment Programme Agencies to implement poverty reduction and social protection initiatives across the nation.

Falana recounted that allegations of widespread financial impropriety during the previous administration prompted President Bola Ahmed Tinubu to send a bill to the National Assembly. This bill seeks to transfer the oversight of social investment programmes from the Ministry of Humanitarian Affairs and Poverty Reduction to the Presidency. The proposed amendment, he explained, aims to bolster transparency, strengthen accountability, and ensure that beneficiaries are accurately identified through the National Social Register. However, he pointed out that this amendment bill is yet to be passed by the National Assembly.

Pending its legislative approval, Falana urged the Ministry of Humanitarian Affairs and Poverty Reduction to regularly update Nigerians on the progress of poverty reduction programmes. He also called on citizens to demand periodic reports from State Social Investment Programme Agencies regarding their efforts to alleviate poverty and support vulnerable households.

He quoted, “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.”

Citing official statistics, Falana highlighted that the National Bureau of Statistics (NBS) estimates approximately 133 million Nigerians are experiencing multidimensional poverty. Furthermore, PwC Nigeria has projected that this figure could escalate to 141 million people, constituting about 62 percent of the country’s population.

He reiterated that if the Federal Government fails to adequately fund poverty reduction programmes in 2026, ASCAB would have no alternative but to seek judicial intervention. Falana declared, “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.”

NSIPA was established through the National Social Investment Programme Agency (Establishment) Act, 2023, with the purpose of institutionalizing Nigeria’s social protection programmes and ensuring continuity in poverty reduction efforts. This law provides the legal framework for implementing the Federal Government’s key interventions, including cash transfers to struggling households, youth employment schemes, microcredit programmes, and school feeding initiatives. The social investment programme came under intense scrutiny following allegations of financial mismanagement during the previous administration, prompting the Tinubu administration to propose reforms aimed at strengthening transparency, improving accountability, and enhancing the delivery of social welfare programmes through the National Social Register.